State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-14 > 78b-14-207

78B-14-207. Recognition of controlling child-support order.
(1) If a proceeding is brought under this chapter and only one tribunal has issued achild-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 ordershave been issued by tribunals of this state or another state with regard to the same obligor andsame child, a tribunal of this state having personal jurisdiction over both the obligor andindividual obligee shall apply the following rules and by order shall determine which ordercontrols:
(a) If only one of the tribunals would have continuing, exclusive jurisdiction under thischapter, the order of that tribunal controls and must be so recognized.
(b) If more than one of the tribunals would have continuing, exclusive jurisdiction underthis chapter, an order issued by a tribunal in the current home state of the child controls, but if anorder has not been issued in the current home state of the child, the order most recently issuedcontrols.
(c) If none of the tribunals would have continuing, exclusive jurisdiction under thischapter, the tribunal of this state shall issue a child-support order, which controls.
(3) If two or more child-support orders have been issued for the same obligor and samechild, upon request of a party who is an individual or a support-enforcement agency, a tribunal ofthis state having personal jurisdiction over both the obligor and the obligee who is an individualshall determine which order controls under Subsection (2). The request may be filed with aregistration for enforcement or registration for modification pursuant to Part 6, Registration,Enforcement, and Modification of Support Order, or may be filed as a separate proceeding.
(4) A request to determine which is the controlling order must be accompanied by a copyof every child-support order in effect and the applicable record of payments. The requestingparty shall give notice of the request to each party whose rights may be affected by thedetermination.
(5) The tribunal that issued the controlling order under Subsection (1), (2), or (3) hascontinuing jurisdiction to the extent provided in Section 78B-14-205 or 78B-14-206.
(6) A tribunal of this state that determines by order which is the controlling order underSubsection (2)(a), (b) or, (3) that issues a new controlling order under Subsection (2)(c), shallstate in that order:
(a) the basis upon which the tribunal made its determination;
(b) the amount of prospective support, if any; and
(c) the total amount of consolidated arrears and accrued interest, if any, under all of theorders after all payments made are credited as provided by Section 78B-14-209.
(7) Within 30 days after issuance of an order determining which is the controlling order,the party obtaining the order shall file a certified copy of it in each tribunal that issued orregistered an earlier order of child-support. A party or support-enforcement agency obtaining theorder that fails to file a certified copy is subject to appropriate sanctions by a tribunal in whichthe issue of failure to file arises. The failure to file does not affect the validity or enforceabilityof the controlling order.
(8) An order that has been determined to be the controlling order, or a judgment forconsolidated arrears of support and interest, if any, made pursuant to this section must berecognized in proceedings under this chapter.

Renumbered and Amended by Chapter 3, 2008 General Session