Determination of controlling child support order
When there are multiple child support orders from different states or countries for the same child and same parent who owes support, a court figures out which one is the official order that counts. If only one court ever made an order, that one counts. If there are two or more orders, courts use specific rules — like which state the child currently lives in — to pick one official order. All the other orders then follow that one. The chosen order must be shared with all the other courts that had earlier orders within 30 days.
454.1533. of . — (a) If a is brought under sections 454.1500 to 454.1728 and only one has d a , the of that tribunal controls and must be .
(b) If a proceeding is brought under sections 454.1500 to 454.1728, 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 and same child, a tribunal of this state having over both the obligor and individual 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 under sections 454.1500 to 454.1728, the order of that tribunal controls.
(2) If more than one of the tribunals would have continuing, exclusive jurisdiction under sections 454.1500 to 454.1728:
(A) an order issued by a tribunal in the current of the child controls; or
(B) 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 sections 454.1500 to 454.1728, 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 who is an individual or that is a , 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 (b). The request may be filed with a or Article 6, sections 454.1632 to 454.1677, or may be filed as a separate proceeding.
(d) A request to determine which is the must be accompanied by a copy of every child support order in effect and the applicable 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 subsections (a), (b), or (c) has continuing to the extent provided in section 454.1527 or 454.1530.
(f) A tribunal of this state that by order which is the controlling order under subsection (b)(1) or (2) or (c), or that issues a new controlling order under subsection (b)(3), shall state in that order:
(1) the basis upon which the tribunal made its determination;
(2) the amount of , if any; and
(3) the total amount of and interest, if any, under all of the orders after all payments made are credited as provided by section 454.1539.
(g) Within thirty days after of an order determining which is the controlling order, the party obtaining the order shall file a of it in each tribunal that issued or 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 by a tribunal in which the issue of failure to file arises. The failure to file does not affect the or of the controlling order.
(h) An order that has been determined to be the controlling order, or a for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under sections 454.1500 to 454.1728.
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Source & history notes
(L. 2011 H.B. 260) Effective 6-15-16, see § 454.1728
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