Uniform Interstate Family Support Act
§ 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
(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
(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
(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 §
(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
(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
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.)