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The Florida Senate

2009 Florida Statutes

Section 88.2051, Florida Statutes 2009

88.2051  Continuing exclusive jurisdiction.--

(1)  A tribunal of this state issuing a support order consistent with the law of this state has continuing exclusive jurisdiction over a child support order:

(a)  As long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(b)  Until all of the parties who are individuals have filed written consents with the tribunal of this state for a tribunal of another state to modify the order and assume continuing exclusive jurisdiction.

(2)  A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to this act or a law substantially similar to this act.

(3)  If a child support order of this state is modified by a tribunal of another state pursuant to this act or a law substantially similar to this act, a tribunal of this state loses its continuing exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:

(a)  Enforce the order that was modified as to amounts accruing before the modification;

(b)  Enforce nonmodifiable aspects of that order; and

(c)  Provide other appropriate relief for violations of that order which occurred before the effective date of the modification.

(4)  A tribunal of this state shall recognize the continuing exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this act or a law substantially similar to this act.

(5)  A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing exclusive jurisdiction in the issuing tribunal.

(6)  A tribunal of this state issuing a support order consistent with the law of this state has continuing exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing exclusive jurisdiction over that order under the law of that state.

History.--s. 2, ch. 96-189; s. 16, ch. 97-170.