MODIFICATION ACTIONS. 1. The Tribal Court may modify a Foreign Child Support Order which has properly been recognized by the Tribal Court under the provisions of Article V of this Agreement, and which either the Tribe, DCS, the non-custodial parent or the custodian properly seeks to modify in Tribal Court (“Modification action”), so long as, all of the following are satisfied: (a) The Tribal Court has personal jurisdiction over the non-custodial parent, the Custodian and the Child; and (b) The Tribal Court has subject matter jurisdiction over the provision(s) of the Child Support Order which are sought to be modified; and (c) The other Tribal court or State that issued the Foreign Child Support Order no longer has continuing exclusive jurisdiction; or that other Tribal court or State still has continuing exclusive jurisdiction, but the non-custodial parent, custodial parent and DCS consent to transfer of jurisdiction to the Tribal Court; and (d) The non-custodial parent, custodian and DCS are provided with reasonable notice and an opportunity to be heard in Tribal Court on the Modification action. 2. In any Modification action properly brought under the preceding paragraph, the Tribal Court shall have the authority to modify the Child Support Order only prospectively, and not retroactively, from the date that the Modification action was initiated by petition, motion or other similar pleading properly filed in Tribal Court, according to the laws of the Tribe.
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