Indiana Code 31-18.5-2-7. Determination of controlling child support order
(b) If a proceeding is brought under this article, and two (2) or more child support orders have been issued by Indiana tribunals, another state, or a foreign country with regard to the same obligor and same child, an Indiana tribunal having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:
Terms Used In Indiana Code 31-18.5-2-7
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under this article:
(A) an order issued by a tribunal in the current home state of the child controls; or
(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 this article, the Indiana tribunal shall issue a child support order, which controls.
(c) If two (2) 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 that is the support enforcement agency, an Indiana tribunal having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification under IC 31-18.5-6, or may be filed as a separate proceeding.
(d) A request to determine which is the controlling order must 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) has continuing jurisdiction to the extent provided in section 5 or 6 of this chapter.
(f) An Indiana tribunal that determines by order which is the controlling order under subsection (b)(1), (b)(2), or (c), or that issues a new controlling order under subsection (b)(3), shall state in that 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 9 of this chapter.
(g) Within thirty (30) days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of the order in 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 does 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 under this section must be recognized in proceedings under this article.
As added by P.L.206-2015, SEC.53.