(a) A tribunal of the District may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) The obligee submits to the jurisdiction of a tribunal of the District, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If a tribunal of the District does not modify a Convention child-support order because the order is not recognized in the District, § 46-357.08(c) applies.