State Codes and Statutes
Statutes > Connecticut > Title46b > Chap816 > Sec46b-212jSec. 46b-212j. Recognition of controlling child support orders. (a) If a proceeding is brought under sections 46b-212 to 46b-213w, inclusive, and only one tribunal has issued a child support order, the order of that tribunal controls and shall be recognized.
(b) If a proceeding is brought under sections 46b-212 to 46b-213w, inclusive, 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, the family support magistrate having personal jurisdiction over both the obligor and the individual obligee shall apply the following rules and by order shall determine which order controls:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under sections 46b-212 to 46b-213w, inclusive, the order of that tribunal controls and shall be recognized.
(2) If more than one of the tribunals would have continuing, exclusive jurisdiction under 46b-212 to 46b-213w, inclusive: (A) An order issued by a tribunal in the current home state of the child controls; but, (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 46b-212 to 46b-213w, inclusive, the family support magistrate 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 party who is an individual or a support enforcement agency, a family support magistrate having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b) of this section.
(d) 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.
(e) The tribunal that issued the controlling order under subsection (a), (b) or (c) of this section has continuing jurisdiction to the extent provided in section 46b-212h or 46b-212i.
(f) The family support magistrate that determines by order which is the controlling order under subdivisions (1) or (2) of subsection (b) or subsection (c) of this section or that issues a new controlling order under subdivision (3) of subsection (b) of this section, shall state in the order: (1) The basis upon which the tribunal made its determination; (2) the amount of prospective support, if any; and (3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by section 46b-212l.
(g) The family support magistrate shall order the party obtaining the order determining which is the controlling order to file, within thirty days after issuance of the order determining which is the controlling order, a certified copy of such order with 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 such order pursuant to this subsection shall not affect the validity or enforceability of the controlling order.
(h) 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 sections 46b-212 to 46b-213w, inclusive.
(June 18 Sp. Sess. P.A. 97-1, S. 11, 75; P.A. 07-247, S. 23.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsecs. (a) and (b) by replacing references to Sec. 46b-213v with references to Sec. 46b-213w, amended Subsec. (b) by providing that in proceeding to determine controlling support order, family support magistrate shall have personal jurisdiction over both obligor and individual obligee and shall by order determine which order controls, and by deleting provisions re recognition of controlling support orders, amended Subsec. (c) by specifying that if two or more support orders have been issued for same obligor and same child, upon request of a party who is an individual or a support enforcement agency, family support magistrate having personal jurisdiction over both obligor and obligee shall determine which order controls, added new Subsec. (d) re documents that must accompany request to determine a controlling support order and notice requirements, redesignated existing Subsec. (d) as Subsec. (e) and amended same by specifying that tribunal issuing controlling order has continuing jurisdiction to the extent provided in Sec. 46b-212h or 46b-212i, redesignated existing Subsec. (e) as Subsec. (f) and amended same by prescribing requirements that family support magistrate must follow when making a determination as to controlling order or issuing new controlling order, redesignated existing Subsec. (f) as Subsec. (g) and amended same by specifying that a party or support enforcement agency that fails to file a certified copy of controlling support order is subject to sanctions by tribunal in which failure to file arises, added new Subsec. (h) re recognition of orders determined to be controlling order or judgment for consolidated arrears of support and interest, and made technical changes, effective January 1, 2008.
