10.3 Jurisdiction

Overview

A support order may only be modified by a state with continuing, exclusive jurisdiction (CEJ) as defined in the Uniform Intergovernmental Family Support Act (UIFSA) and the Full Faith and Credit for Child Support Orders Act of 1994 (FFCSOA). The state that has CEJ is the state that is responsible for the review along with the review criteria as described in 10.4 Review Criteria.

Policy

Wyoming Order

As long as the child, custodial parent, or non-custodial parent live in Wyoming, the District Court in Wyoming that established the order will have jurisdiction to modify the child support order. If no one lives in Wyoming, the case worker will follow the rules for CEJ as described below and may need to initiate an intergovernmental action as described in 11.2 Intergovernmental – Initiating and 11.3.4 Intergovernmental – Responding – Modification.

Another State’s Order

One Order

The state that issued the order has CEJ as long as at least one party (e.g. the custodial parent or non-custodial parent) or the child resides in the state that established the order (issuing state), or until both the custodial parent and non-custodial parent provide written consent for another state to modify the order and assume CEJ.

If no one lives in the issuing state or if the parties agree in writing to allow another state to modify the order and assume CEJ, the party seeking the modification will register the order in the state with personal jurisdiction over the non-requesting party.

Multiple Orders

If there are multiple child support orders, the case worker will determine which state has CEJ and which order is controlling. The following are the rules for CEJ determination when there are multiple orders:

• If there is an order in the child’s home state, that state has CEJ and the controlling order.

• If there is not an order in the child’s home state but there is an order in the custodial parent or non-custodial parent’s state, then that state has CEJ and the controlling order.

• If there are orders in both the custodial and non-custodial parents’ states, the order most recently entered is the controlling order and that state has CEJ.

• If there is no controlling order and no state has CEJ, a state with jurisdiction over the non-requesting party shall establish a new order.

For more information on CEJ, please see Appendix 11.B – Continuing Exclusive Jurisdiction.

Cross Reference

None