454.871. Jurisdiction, multiple support orders--which order recognized, procedure.
Jurisdiction, multiple support orders--which order recognized,procedure.
454.871. (a) If a proceeding is brought under sections 454.850 to454.997, and only one tribunal has issued a child support order, the orderof that tribunal is controlling and must be recognized.
(b) If a proceeding is brought under sections 454.850 to 454.997, andtwo or more child support orders have been issued by tribunals of thisstate or another state with regard to the same obligor and child, atribunal of this state shall apply the following rules in determining whichorder to recognize for purposes of continuing, exclusive jurisdiction:
(1) If only one of the tribunals would have continuing, exclusivejurisdiction under sections 454.850 to 454.997, the order of that tribunalis controlling and must be recognized.
(2) If more than one of the tribunals would have continuing,exclusive jurisdiction under sections 454.850 to 454.997, an order issuedby a tribunal in the current home state of the child must be recognized,but if an order has not been issued in the current home state of the child,the order most recently issued is controlling and must be recognized.
(3) If none of the tribunals would have continuing exclusivejurisdiction under sections 454.850 to 454.997, the tribunal of this statehaving jurisdiction over the parties must issue a child support order,which is controlling and must be recognized.
(c) If two or more child support orders have been issued for thesame obligor and child and if the obligor or the individual obligee residesin this state, a party may request a tribunal of this state to determinewhich order controls and must be recognized under subsection (b) of thissection. The request must be accompanied by a certified copy of everysupport order in effect. Every party whose rights may be affected by adetermination of the controlling order must be given notice of the requestfor that determination.
(d) The tribunal that issued the order that must be recognized ascontrolling under subsection (a), (b) or (c) of this section is thetribunal that has continuing, exclusive jurisdiction in accordance withsection 454.867.
(e) A tribunal of this state which determines by order the identityof the controlling child support order under subsection (b)(1) or (b)(2) ofthis section or which issues a new controlling child support order undersubsection (b)(3) shall include in that order the basis upon which thetribunal made its determination.
(f) Within thirty days after issuance of the order determining theidentity of the controlling order, the party obtaining that order shallfile a certified copy of it with each tribunal that had issued orregistered an earlier order of child support. Failure of the partyobtaining the order to file a certified copy as required subjects thatparty to appropriate sanctions by a tribunal in which the issue of failureto file arises, but that failure has no effect on the validity orenforceability of the controlling order.
(L. 1996 H.B. 992, A.L. 1997 S.B. 361)Effective 7-1-97