407.5207 Determination of controlling child support order.
604 words·~3 min read·
/ky/chapter-407/407-5207A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)If a proceeding is brought under this chapter and only one
(1)tribunal has issued a
child support order, the order of that tribunal controls and shall be recognized.
(2)If a proceeding is brought under KRS 407.5101 to 407.5902 and two
(2)or more
child support orders have been issued by tribunals of this state or another state or
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 shall be recognized:
(a)If only one
(1)of the tribunals would have continuing, exclusive jurisdiction
under KRS 407.5101 to 407.5902, the order of that tribunal controls.
(b)If more than one
(1)of the tribunals would have continuing, exclusive
jurisdiction under KRS 407.5101 to 407.5902:
1. An order issued by a tribunal in the current home state of the child
controls; or
2. If an order has not been issued in the current home state of the child, the
order most recently issued controls.
(c)If none of the tribunals would have continuing, exclusive jurisdiction under
KRS 407.5101 to 407.5902, the tribunal of this state shall issue a child
support order, which controls.
(3)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
(2)of this section. The request may be filed with a
registration for enforcement or registration for modification pursuant to Article 6 of
this chapter, or may be filed as a separate proceeding.
(4)A request to determine which is the controlling order shall 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.
(5)The tribunal that issued the controlling order under subsection (1), (2), or
(3)of this
section has continuing jurisdiction to the extent provided in KRS 407.5205 and
407.5206.
(6)A tribunal of this state that determines by order which is the controlling order under
subsection (2)(a),(2)(b), or
(3)of this section or that issues a new controlling order
under subsection (2)(c) of this section shall state in that order:
(a)The basis upon which the tribunal made its determination;
(b)The amount of prospective support, if any; and
(c)The total amount of consolidated arrears and accrued interest, if any, under all
of the orders after all payments made are credited as provided in KRS
407.5209.
(7)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 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.
(8)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
shall be recognized in proceedings under KRS 407.5101 to 407.5902.