Kentucky Statutes 407.5207 – Determination of controlling child support order
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(1) If a proceeding is brought under this chapter and only one (1) tribunal has issued a child support order, the order of that tribunal controls and shall be recognized.
(2) If a proceeding is brought under KRS § 407.5101 to KRS § 407.5902 and two (2) or more child support orders have been issued by tribunals of this state or another state or foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and the individual obligee shall apply the following rules and by order shall determine which order controls and shall be recognized:
(a) If only one (1) of the tribunals would have continuing, exclusive jurisdiction under KRS § 407.5101 to KRS § 407.5902, the order of that tribunal controls.
(b) If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under KRS § 407.5101 to KRS § 407.5902:
1. An order issued by a tribunal in the current home state of the child controls; or
2. If an order has not been issued in the current home state of the child, the order most recently issued controls.
(c) If none of the tribunals would have continuing, exclusive jurisdiction under KRS § 407.5101 to KRS § 407.5902, the tribunal of this state shall issue a child support order, which controls.
(3) 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 a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (2) of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to Article 6 of this chapter, or may be filed as a separate proceeding.
(4) 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.
(5) The tribunal that issued the controlling order under subsection (1), (2), or (3) of this section has continuing jurisdiction to the extent provided in KRS § 407.5205 and
407.5206.
(6) A tribunal of this state that determines by order which is the controlling order under subsection (2)(a),(2)(b), or (3) of this section or that issues a new controlling order under subsection (2)(c) of this section shall state 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 the orders after all payments made are credited as provided in KRS
407.5209.
(7) 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 it 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.
(8) 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 KRS § 407.5101 to KRS § 407.5902.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 77, sec. 8, effective July 15, 2016. — Amended
2015 Ky. Acts ch. 18, sec. 10, effective June 24, 2015. — Amended 1998 Ky. Acts ch. 101, sec. 3, effective March 23, 1998.– Contingent effective date repealed 1998
Ky. Acts ch. 101, sec. 20, effective March 23, 1998. — Created 1996 Ky. Acts ch.
365, sec. 22, effective upon contingency.
(2) If a proceeding is brought under KRS § 407.5101 to KRS § 407.5902 and two (2) or more child support orders have been issued by tribunals of this state or another state or foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and the individual obligee shall apply the following rules and by order shall determine which order controls and shall be recognized:
Terms Used In Kentucky Statutes 407.5207
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- 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.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(a) If only one (1) of the tribunals would have continuing, exclusive jurisdiction under KRS § 407.5101 to KRS § 407.5902, the order of that tribunal controls.
(b) If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under KRS § 407.5101 to KRS § 407.5902:
1. An order issued by a tribunal in the current home state of the child controls; or
2. If an order has not been issued in the current home state of the child, the order most recently issued controls.
(c) If none of the tribunals would have continuing, exclusive jurisdiction under KRS § 407.5101 to KRS § 407.5902, the tribunal of this state shall issue a child support order, which controls.
(3) 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 a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (2) of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to Article 6 of this chapter, or may be filed as a separate proceeding.
(4) 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.
(5) The tribunal that issued the controlling order under subsection (1), (2), or (3) of this section has continuing jurisdiction to the extent provided in KRS § 407.5205 and
407.5206.
(6) A tribunal of this state that determines by order which is the controlling order under subsection (2)(a),(2)(b), or (3) of this section or that issues a new controlling order under subsection (2)(c) of this section shall state 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 the orders after all payments made are credited as provided in KRS
407.5209.
(7) 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 it 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.
(8) 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 KRS § 407.5101 to KRS § 407.5902.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 77, sec. 8, effective July 15, 2016. — Amended
2015 Ky. Acts ch. 18, sec. 10, effective June 24, 2015. — Amended 1998 Ky. Acts ch. 101, sec. 3, effective March 23, 1998.– Contingent effective date repealed 1998
Ky. Acts ch. 101, sec. 20, effective March 23, 1998. — Created 1996 Ky. Acts ch.
365, sec. 22, effective upon contingency.