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Section: 454.1533 Determination of controlling child support order. RSMO 454.1533


Published: 2015

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Missouri Revised Statutes













Chapter 454

Enforcement of Support Law

←454.1530

Section 454.1533.1

454.1536→

August 28, 2015

Determination of controlling child support order.

454.1533. (a) If a proceeding is brought under sections 454.1500 to

454.1728 and only one tribunal has issued a child support order, the order

of that tribunal controls and must be recognized.



(b) If a proceeding is brought under sections 454.1500 to 454.1728,

and two or more child support orders have been issued by tribunals of this

state, another state, or a foreign country with regard to the same obligor

and same child, a tribunal of this state having personal jurisdiction over

both the obligor and individual obligee shall apply the following rules and

by order shall determine which order controls and must be recognized:



(1) If only one of the tribunals would have continuing, exclusive

jurisdiction under sections 454.1500 to 454.1728, the order of that

tribunal controls.



(2) If more than one of the tribunals would have continuing,

exclusive jurisdiction under sections 454.1500 to 454.1728:



(A) an order issued by a tribunal in the current home state of the

child controls; or



(B) if an order has not been issued in the current home state of the

child, the order most recently issued controls.



(3) If none of the tribunals would have continuing, exclusive

jurisdiction under sections 454.1500 to 454.1728, the tribunal of this

state shall issue a child support order, which controls.



(c) If two or more child support orders have been issued for the same

obligor and same child, upon request of a party who is an individual or

that is a support enforcement agency, a tribunal of this state having

personal jurisdiction over both the obligor and the obligee who is an

individual shall determine which order controls under subsection (b). The

request may be filed with a registration for enforcement or registration

for modification pursuant to Article 6, sections 454.1632 to 454.1677, or

may be filed as a separate proceeding.



(d) A request to determine which is the controlling order must be

accompanied by a copy of every child support order in effect and the

applicable record of payments. The requesting party shall give notice of

the request to each party whose rights may be affected by the

determination.



(e) The tribunal that issued the controlling order under subsections

(a), (b), or (c) has continuing jurisdiction to the extent provided in

section 454.1527 or 454.1530.



(f) A tribunal of this state that determines by order which is the

controlling order under subsection (b)(1) or (2) or (c), or that issues a

new controlling order under subsection (b)(3), shall state in that order:



(1) the basis upon which the tribunal made its determination;



(2) the amount of prospective support, if any; and



(3) the total amount of consolidated arrears and accrued interest, if

any, under all of the orders after all payments made are credited as

provided by section 454.1539.



(g) Within thirty days after issuance of an order determining which

is the controlling order, the party obtaining the order shall file a

certified copy of it in each tribunal that issued or registered an earlier

order of child support. A party or support enforcement agency obtaining

the order that fails to file a certified copy is subject to appropriate

sanctions by a tribunal in which the issue of failure to file arises. The

failure to file does not affect the validity or enforceability of the

controlling order.



(h) An order that has been determined to be the controlling order, or

a judgment for consolidated arrears of support and interest, if any, made

pursuant to this section must be recognized in proceedings under sections

454.1500 to 454.1728.



(L. 2011 H.B. 260)



Contingent effective date, see § 454.1728







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