§15-23.1-207  Determination of controlling child support order. –


Published: 2015

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TITLE 15

Domestic Relations

CHAPTER 15-23.1

Uniform Interstate Family Support Act

ARTICLE 15-23.1-201

Jurisdiction

SECTION 15-23.1-207



   § 15-23.1-207  Determination of controlling

child support order. –

(a) If a proceeding is brought under this chapter, and only one tribunal has

issued a child support order, the order of that tribunal controls and must be

so recognized.



   (b) If a proceeding is brought under this chapter, and two

(2) 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 the 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 this chapter, the order of that tribunal controls.



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

exclusive jurisdiction under this chapter: (i) an order issued by a tribunal in

the current home state of the child controls; but (ii) 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 this chapter, the tribunal of this state shall issue a child

support order, which controls.



   (c) If two (2) 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) of this

section. The request may be filed with a registration for enforcement or

registration for modification pursuant to Article 6, 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

subsection (a), (b), or (c) of this section has continuing jurisdiction to the

extent provided in § 15-23.1-205 or § 15-23.1-206.



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

is the controlling order under subdivision (1) or (2) of subsection (b) or

subsection (c), or that issues a new controlling order under subdivision (3) of

subsection (b) 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 §

15-23.1-209.



   (g) Within thirty (30) days after issuance of an order

determining which is the controlling order, the party obtaining the order shall

file a certified copy of it with 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 this

chapter.



History of Section.

(P.L. 1997, ch. 170, § 15; P.L. 2006, ch. 69, § 2; P.L. 2006, ch. 76,

§ 2; P.L. 2011, ch. 243, § 1; P.L. 2011, ch. 263, § 1.)

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