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This entry was published on 2016-01-08
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SECTION 580-207
Determination of controlling child support order
Family Court Act (FCT) CHAPTER 686, ARTICLE 5-B, PART 2
§ 580-207. Determination of controlling child support order. (a) If a
proceeding is brought under this article 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 this article, 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 this article, the order of that tribunal controls.

(2) If more than one of the tribunals would have continuing, exclusive
jurisdiction under this article:

(i) an order issued by a tribunal in the current home state of the
child controls; or

(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 article, 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 subdivision (b) of
this section. The request may be filed with a registration for
enforcement or registration for modification pursuant to part six of
this article, 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 subdivision
(a), (b) or (c) of this section has continuing jurisdiction to the
extent provided in section 580-205 or 580-206 of this part.

(f) A tribunal of this state that determines by order which is the
controlling order under paragraph one or two of subdivision (b) or
subdivision (c) of this section, or that issues a new controlling order
under paragraph three of subdivision (b) of this section, 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 580-209 of this part.

(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
this article.