Use the following information to help determine which state has jurisdiction to modify and child support order, otherwise known as Continuing Exclusive Jurisdiction.
Two out of three rule:
- CP & Child(ren)
- NCP
- Order
If you have two out of the three of the above listed components in any one state a modification will take place in that state.
Play away rule:
If no state has two out of the three components, then the “play away” rule applies. The modification will take place in the state where the party not requesting modification resides. The modification will “play away” to the other party’s state.
Example:
- NCP is in California
- CP is in Florida
- Order is from Texas
If the NCP requests a modification it will “play away” to Florida.
If the CP requests a modification it will “play away” to California.
