(1) A tribunal of this state 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:
(a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or (b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(2) If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, KRS 407.5708(3) applies.