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The place where the order was originally entered holds continuing exclusive jurisdiction (CEJ), and only the law of that state can be applied to requests to modify the order of child support, unless the courts of that state no longer have original tribunal jurisdiction (CEJ) under the Act. [5]
West Virginia issues a divorce decree that gives the wife custody of the children and orders the husband to pay child support. Subsequently, the wife moves to Connecticut with the children. Due to a change in circumstances, the husband, who may or may not still reside in West Virginia, seeks a modification of West Virginia's divorce decree.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. [1] The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands.
A "child-custody determination" is a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. A custody determination can be made through a permanent or temporary order, or as part of an initial custody determination or later modification of a prior custody order.
The Uniform Reciprocal Enforcement of Support Act (URESA), passed in 1950, concerns interstate cooperation in the collection of spousal and child support. [1] The law establishes procedures for enforcement in cases in which the person owing alimony or child support is in one state and the person to whom the support is owed is in another state (hence the word "reciprocal").
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Once established, child-support orders typically remain static unless otherwise reviewed. Obligors and obligees reserve the right to request a court review for modification (typically six months to one year or more after the issuance of the order or if the circumstances have changed such that the child support would change significantly).
In the decades leading up to the 1970s child custody battles were rare, and in most cases the mother of minor children would receive custody. [5] Since the 1970s, as custody laws have been made gender-neutral, contested custody cases have increased as have cases in which the children are placed in the primary custody of the father.