§52C‑2‑207. Recognition of controlling child support order.
(a) If a proceeding isbrought under this Chapter and only one tribunal has issued a child supportorder, the order of that tribunal controls and must be so recognized.
(b) If a proceeding isbrought under this Chapter, and two or more child support orders have beenissued by tribunals of this State or another state with regard to the sameobligor and child, a tribunal of this State shall apply the following rules indetermining which order to recognize for purposes of continuing, exclusivejurisdiction:
(1) If only one of thetribunals would have continuing, exclusive jurisdiction under this Chapter, theorder of that tribunal controls and must be so recognized.
(2) If more than one ofthe tribunals would have continuing, exclusive jurisdiction under this Chapter,an order issued by a tribunal in the current home state of the child controlsand must be so recognized, but if an order has not been issued in the currenthome state of the child, the order most recently issued controls and must be sorecognized.
(3) If none of thetribunals would have continuing, exclusive jurisdiction under this Chapter, thetribunal of this State having jurisdiction over the parties shall issue a childsupport order, which controls and must be so recognized.
(c) If two or morechild support orders have been issued for the same obligor and child and if theobligor or the individual obligee resides in this State, a party may request atribunal of this State to determine which order controls and must be sorecognized under subsection (b) of this section. 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 a certified copy of every support order in the effect. Therequesting party shall give notice of the request to each party whose rightsmay be affected by the determination.
(d) The tribunal thatissued the controlling order under subsection (a), (b), or (c) of this sectionis the tribunal that has continuing, exclusive jurisdiction under G.S. 52C‑2‑205.
(e) A tribunal of thisState which determines by order the identity of the controlling order undersubdivision (b)(1) or (2) of this section or which issues a new controllingorder under subdivision (b)(3) of this section shall state in that order thebasis upon which the tribunal made its determination.
(f) Within 30 daysafter issuance of an order determining the identity of the controlling order,the party obtaining the order shall file a certified copy of it with eachtribunal that issued or registered an earlier order of child support. A partywho obtains the order and fails to file a certified copy is subject toappropriate sanctions by a tribunal in which the issue of failure to filearises. The failure to file does not affect the validity or enforceability ofthe controlling order. (1995, c. 538, s. 7(c); 1997‑433, s. 10.3(b); 1998‑17, s.1.)
§52C‑2‑207. Recognition of controlling child support order.
(a) If a proceeding isbrought under this Chapter and only one tribunal has issued a child supportorder, the order of that tribunal controls and must be so recognized.
(b) If a proceeding isbrought under this Chapter, and two or more child support orders have beenissued by tribunals of this State or another state with regard to the sameobligor and child, a tribunal of this State shall apply the following rules indetermining which order to recognize for purposes of continuing, exclusivejurisdiction:
(1) If only one of thetribunals would have continuing, exclusive jurisdiction under this Chapter, theorder of that tribunal controls and must be so recognized.
(2) If more than one ofthe tribunals would have continuing, exclusive jurisdiction under this Chapter,an order issued by a tribunal in the current home state of the child controlsand must be so recognized, but if an order has not been issued in the currenthome state of the child, the order most recently issued controls and must be sorecognized.
(3) If none of thetribunals would have continuing, exclusive jurisdiction under this Chapter, thetribunal of this State having jurisdiction over the parties shall issue a childsupport order, which controls and must be so recognized.
(c) If two or morechild support orders have been issued for the same obligor and child and if theobligor or the individual obligee resides in this State, a party may request atribunal of this State to determine which order controls and must be sorecognized under subsection (b) of this section. 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 a certified copy of every support order in the effect. Therequesting party shall give notice of the request to each party whose rightsmay be affected by the determination.
(d) The tribunal thatissued the controlling order under subsection (a), (b), or (c) of this sectionis the tribunal that has continuing, exclusive jurisdiction under G.S. 52C‑2‑205.
(e) A tribunal of thisState which determines by order the identity of the controlling order undersubdivision (b)(1) or (2) of this section or which issues a new controllingorder under subdivision (b)(3) of this section shall state in that order thebasis upon which the tribunal made its determination.
(f) Within 30 daysafter issuance of an order determining the identity of the controlling order,the party obtaining the order shall file a certified copy of it with eachtribunal that issued or registered an earlier order of child support. A partywho obtains the order and fails to file a certified copy is subject toappropriate sanctions by a tribunal in which the issue of failure to filearises. The failure to file does not affect the validity or enforceability ofthe controlling order. (1995, c. 538, s. 7(c); 1997‑433, s. 10.3(b); 1998‑17, s.1.)
§52C‑2‑207. Recognition of controlling child support order.
(a) If a proceeding isbrought under this Chapter and only one tribunal has issued a child supportorder, the order of that tribunal controls and must be so recognized.
(b) If a proceeding isbrought under this Chapter, and two or more child support orders have beenissued by tribunals of this State or another state with regard to the sameobligor and child, a tribunal of this State shall apply the following rules indetermining which order to recognize for purposes of continuing, exclusivejurisdiction:
(1) If only one of thetribunals would have continuing, exclusive jurisdiction under this Chapter, theorder of that tribunal controls and must be so recognized.
(2) If more than one ofthe tribunals would have continuing, exclusive jurisdiction under this Chapter,an order issued by a tribunal in the current home state of the child controlsand must be so recognized, but if an order has not been issued in the currenthome state of the child, the order most recently issued controls and must be sorecognized.
(3) If none of thetribunals would have continuing, exclusive jurisdiction under this Chapter, thetribunal of this State having jurisdiction over the parties shall issue a childsupport order, which controls and must be so recognized.
(c) If two or morechild support orders have been issued for the same obligor and child and if theobligor or the individual obligee resides in this State, a party may request atribunal of this State to determine which order controls and must be sorecognized under subsection (b) of this section. 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 a certified copy of every support order in the effect. Therequesting party shall give notice of the request to each party whose rightsmay be affected by the determination.
(d) The tribunal thatissued the controlling order under subsection (a), (b), or (c) of this sectionis the tribunal that has continuing, exclusive jurisdiction under G.S. 52C‑2‑205.
(e) A tribunal of thisState which determines by order the identity of the controlling order undersubdivision (b)(1) or (2) of this section or which issues a new controllingorder under subdivision (b)(3) of this section shall state in that order thebasis upon which the tribunal made its determination.
(f) Within 30 daysafter issuance of an order determining the identity of the controlling order,the party obtaining the order shall file a certified copy of it with eachtribunal that issued or registered an earlier order of child support. A partywho obtains the order and fails to file a certified copy is subject toappropriate sanctions by a tribunal in which the issue of failure to filearises. The failure to file does not affect the validity or enforceability ofthe controlling order. (1995, c. 538, s. 7(c); 1997‑433, s. 10.3(b); 1998‑17, s.1.)
