§ 15-23.1-207 - Determination of controlling child support order.
SECTION 15-23.1-207
§ 15-23.1-207 Determination of controllingchild support order. – (a) If a proceeding is brought under this chapter, and only one tribunal hasissued a child support order, the order of that tribunal controls and must beso 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 oranother state with regard to the same obligor and same child, a tribunal ofthis state having personal jurisdiction over both the obligor and theindividual obligee shall apply the following rules and by order shall determinewhich order controls.
(1) If only one of the tribunals would have continuing,exclusive jurisdiction under this chapter, the order of that tribunal controlsand must be so recognized.
(2) If more than one of the tribunals would have continuing,exclusive jurisdiction under this chapter: (i) an order issued by a tribunal inthe current home state of the child controls; but (ii) if an order has not beenissued in the current home state of the child, the order most recently issuedcontrols.
(3) If none of the tribunals would have continuing exclusivejurisdiction under this chapter, the tribunal of this state shall issue a childsupport order, which controls.
(c) If two (2) or more child support orders have been issuedfor the same obligor and same child, upon request of a party who is anindividual or a support enforcement agency, a tribunal of this state havingpersonal jurisdiction over both the obligor and the obligee who is anindividual shall determine which order controls under subsection (b) of thissection. The request may be filed with a registration for enforcement orregistration for modification pursuant to Article 6, or may be filed as aseparate proceeding.
(d) A request to determine which is the controlling ordermust be accompanied by a copy of every child-support order in effect and theapplicable record of payments. The requesting party shall give notice of therequest to each party whose rights may be affected by the determination.
(e) The tribunal that issued the controlling order undersubsection (a), (b), or (c) of this section has continuing jurisdiction to theextent provided in § 15-23.1-205 or § 15-23.1-206.
(f) A tribunal of this state that determines by order whichis the controlling order under subdivision (1) or (2) of subsection (b) orsubsection (c), or that issues a new controlling order under subdivision (3) ofsubsection (b) shall state in that order: (1) the basis upon which the tribunalmade its determination; (2) the amount of prospective support, if any; and (3)the total amount of consolidated arrears and accrued interest, if any, underall 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 orderdetermining which is the controlling order, the party obtaining the order shallfile a certified copy of it with each tribunal that issued or registered anearlier order of child support. A party or support enforcement agency obtainingthe order that fails to file a certified copy is subject to appropriatesanctions by a tribunal in which the issue of failure to file arises. Thefailure to file does not affect the validity or enforceability of thecontrolling order.
(h) An order that has been determined to be the controllingorder, or a judgment for consolidated arrears of support and interest, if any,made pursuant to this section must be recognized in proceedings under thischapter.