- Consolidated Laws - Family Court
Part 2.C. Reconciliation of multiple orders.
S 580-207. Recognition 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 so 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 or
another state with regard to the same obligor and child, a tribunal of
this state shall apply the following rules in determining which order to
recognize for purposes of continuing, exclusive jurisdiction:
(1) If only one of the tribunals would have continuing, exclusive
jurisdiction under this article, the order of that tribunal controls and
must be so recognized.
(2) If more than one of the tribunals would have continuing, exclusive
jurisdiction under this article, an order issued by a tribunal in the
current home state of the child controls and must be so recognized, but
if an order has not been issued in the current home state of the child,
the order most recently issued controls and must be so recognized.
(3) If none of the tribunals would have continuing, exclusive
jurisdiction under this article, the tribunal of this state having
jurisdiction over the parties shall issue a child-support order which
controls and must be so recognized.
(c) If two or more child support orders have been issued for the same
obligor and child and if the obligor or the individual obligee resides
in this state, a party may request a tribunal of this state to determine
which order controls and must be so recognized under subdivision (b).
The request must be accompanied by a certified copy of every support
order in effect. The requesting party shall give notice of the request
to each party whose rights may be affected by the determination.
(d) The tribunal that issued the controlling order under subdivision
(a), (b) or (c) is the tribunal that has continuing, exclusive
jurisdiction under section 580-205.
(e) A tribunal of this state which determines by order the identity of
the controlling order under paragraphs one and two of subdivision (b) of
this section or which issues a new controlling order under paragraph
three of subdivision (b) of this section shall state in that order the
basis upon which the tribunal made its determination.
(f) Within thirty days after issuance of an order determining the
identity of 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 who obtains the order and
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.
S 580-208. Multiple child support orders for two or more obligees. In
responding to multiple registrations or petitions for enforcement of two
or more child support orders in effect at the same time with regard to
the same obligor and different individual obligees, at least one of
which was issued by a tribunal of another state, a tribunal of this
state shall enforce those orders in the same manner as if the multiple
orders had been issued by a tribunal of this state.
S 580-209. Credit for payments. Amounts collected and credited for a
particular period pursuant to a support order issued by a tribunal of
another state must be credited against the amounts accruing or accrued
for the same period under a support order issued by the tribunal of this
state.
