23-9,207.Recognition of controlling child support order.(a) If a proceeding is brought under this act and only one tribunal hasissued a child support order, the order of that tribunal controls and must beso recognized.
(b) If a proceeding is brought under this act, and two or more child supportorders have been issued by tribunals of this state or another state with regardto the same obligor and child, a tribunal of this state shall apply thefollowing rules in determining which order to recognize for purposes ofcontinuing, exclusive jurisdiction:
(1) If only one of the tribunals would have continuing, exclusivejurisdiction under this act, the order of that tribunal controls and must be sorecognized.
(2) If more than one of the tribunals would have continuing, exclusivejurisdiction under this act, an order issued by a tribunal in the current homestate of the child controls and must be so recognized, but if an order has notbeen issued in the current home state of the child, the order most recentlyissued controls and must be so recognized.
(3) If none of the tribunals would have continuing, exclusive jurisdictionunder this act, the tribunal of this state having jurisdiction over the partiesshall issue a child support order, which controls and must be so recognized.
(c) If two or more child support orders have been issued for the sameobligor and child and if the obligor or the individual obligee resides in thisstate, a party may request a tribunal of this state to determine which ordercontrols and must be so recognized under subsection (b). The request must beaccompanied by a certified copy of every support order in effect. Therequesting party shall give notice of the request to each party whose rightsmay be affected by the determination.
(d) The tribunal that issued the controlling order under subsection (a),(b) or (c) is the tribunal that has continuing, exclusive jurisdiction underK.S.A. 23-9,205 and amendments thereto.
(e) A tribunal of this state which determines by order the identity of thecontrolling order under subsection (b)(1) or (2) or which issues a newcontrolling order under subsection (b)(3) shall state in that order the basisupon which the tribunal made its determination.
(f) Within 30 days after issuance of an order determining the identity ofthe controlling order, the party obtaining the order shall file a certifiedcopy of it with each tribunal that issued or registered an earlier order ofchild support. A party who obtains the order and fails to file a certifiedcopy is subject to appropriate sanctions by a tribunal in which the issue offailure to file arises. The failure to file does not affect the validity orenforceability of the controlling order.
History: L. 1994, ch. 301, § 41;L. 1997, ch. 182, § 36; July 3.
23-9,207.Recognition of controlling child support order.(a) If a proceeding is brought under this act and only one tribunal hasissued a child support order, the order of that tribunal controls and must beso recognized.
(b) If a proceeding is brought under this act, and two or more child supportorders have been issued by tribunals of this state or another state with regardto the same obligor and child, a tribunal of this state shall apply thefollowing rules in determining which order to recognize for purposes ofcontinuing, exclusive jurisdiction:
(1) If only one of the tribunals would have continuing, exclusivejurisdiction under this act, the order of that tribunal controls and must be sorecognized.
(2) If more than one of the tribunals would have continuing, exclusivejurisdiction under this act, an order issued by a tribunal in the current homestate of the child controls and must be so recognized, but if an order has notbeen issued in the current home state of the child, the order most recentlyissued controls and must be so recognized.
(3) If none of the tribunals would have continuing, exclusive jurisdictionunder this act, the tribunal of this state having jurisdiction over the partiesshall issue a child support order, which controls and must be so recognized.
(c) If two or more child support orders have been issued for the sameobligor and child and if the obligor or the individual obligee resides in thisstate, a party may request a tribunal of this state to determine which ordercontrols and must be so recognized under subsection (b). The request must beaccompanied by a certified copy of every support order in effect. Therequesting party shall give notice of the request to each party whose rightsmay be affected by the determination.
(d) The tribunal that issued the controlling order under subsection (a),(b) or (c) is the tribunal that has continuing, exclusive jurisdiction underK.S.A. 23-9,205 and amendments thereto.
(e) A tribunal of this state which determines by order the identity of thecontrolling order under subsection (b)(1) or (2) or which issues a newcontrolling order under subsection (b)(3) shall state in that order the basisupon which the tribunal made its determination.
(f) Within 30 days after issuance of an order determining the identity ofthe controlling order, the party obtaining the order shall file a certifiedcopy of it with each tribunal that issued or registered an earlier order ofchild support. A party who obtains the order and fails to file a certifiedcopy is subject to appropriate sanctions by a tribunal in which the issue offailure to file arises. The failure to file does not affect the validity orenforceability of the controlling order.
History: L. 1994, ch. 301, § 41;L. 1997, ch. 182, § 36; July 3.
23-9,207.Recognition of controlling child support order.(a) If a proceeding is brought under this act and only one tribunal hasissued a child support order, the order of that tribunal controls and must beso recognized.
(b) If a proceeding is brought under this act, and two or more child supportorders have been issued by tribunals of this state or another state with regardto the same obligor and child, a tribunal of this state shall apply thefollowing rules in determining which order to recognize for purposes ofcontinuing, exclusive jurisdiction:
(1) If only one of the tribunals would have continuing, exclusivejurisdiction under this act, the order of that tribunal controls and must be sorecognized.
(2) If more than one of the tribunals would have continuing, exclusivejurisdiction under this act, an order issued by a tribunal in the current homestate of the child controls and must be so recognized, but if an order has notbeen issued in the current home state of the child, the order most recentlyissued controls and must be so recognized.
(3) If none of the tribunals would have continuing, exclusive jurisdictionunder this act, the tribunal of this state having jurisdiction over the partiesshall issue a child support order, which controls and must be so recognized.
(c) If two or more child support orders have been issued for the sameobligor and child and if the obligor or the individual obligee resides in thisstate, a party may request a tribunal of this state to determine which ordercontrols and must be so recognized under subsection (b). The request must beaccompanied by a certified copy of every support order in effect. Therequesting party shall give notice of the request to each party whose rightsmay be affected by the determination.
(d) The tribunal that issued the controlling order under subsection (a),(b) or (c) is the tribunal that has continuing, exclusive jurisdiction underK.S.A. 23-9,205 and amendments thereto.
(e) A tribunal of this state which determines by order the identity of thecontrolling order under subsection (b)(1) or (2) or which issues a newcontrolling order under subsection (b)(3) shall state in that order the basisupon which the tribunal made its determination.
(f) Within 30 days after issuance of an order determining the identity ofthe controlling order, the party obtaining the order shall file a certifiedcopy of it with each tribunal that issued or registered an earlier order ofchild support. A party who obtains the order and fails to file a certifiedcopy is subject to appropriate sanctions by a tribunal in which the issue offailure to file arises. The failure to file does not affect the validity orenforceability of the controlling order.
History: L. 1994, ch. 301, § 41;L. 1997, ch. 182, § 36; July 3.
