252K.207 - RECOGNITION OF CONTROLLING CHILD SUPPORT ORDER.
252K.207 RECOGNITION OF CONTROLLING CHILD SUPPORT
ORDER.
1. If a proceeding is brought under this chapter and only one
tribunal has issued a child support order, the order of that tribunal
controls and must be so recognized.
2. If a proceeding is brought under this chapter, 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:
a. If only one of the tribunals would have continuing,
exclusive jurisdiction under this chapter, the order of that tribunal
controls and must be so recognized.
b. If more than one of the tribunals would have continuing,
exclusive jurisdiction under this chapter, 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.
c. If none of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the tribunal of this state having
jurisdiction over the parties shall issue a child support order,
which controls and must be so recognized.
3. 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
subsection 2. 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.
4. The tribunal that issued the controlling order under
subsection 1, 2, or 3 is the tribunal that has continuing, exclusive
jurisdiction under section 252K.205.
5. A tribunal of this state which determines by order the
identity of the controlling order under subsection 2, paragraph
"a" or "b", or which issues a new controlling order under
subsection 2, paragraph "c", shall state in that order the basis
upon which the tribunal made its determination.
6. 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. Section History: Recent Form
97 Acts, ch 175, §131
Referred to in §252H.2, 252K.611