407.5207 Recognition of controlling child support orders.
(1)
(2)
(3)
(4)
(5)
(6)
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.
If a proceeding is brought under KRS 407.5101 to 407.5902 and two (2) or more
child support orders have been issued by tribunals of this state or another state with
regard to the same obligor and child, a tribunal of this state shall apply the
following rules in determining which order to recognize for purposes of continuing,
exclusive jurisdiction:
(a) If only one (1) of the tribunals would have continuing, exclusive jurisdiction
under KRS 407.5101 to 407.5902, the order of that tribunal controls and shall
be recognized.
(b) If more than one (1) of the tribunals would have continuing, exclusive
jurisdiction under KRS 407.5101 to 407.5902, an order issued by a tribunal in
the current home state of the child controls and shall be recognized, but if an
order has not been issued in the current home state of the child, the order most
recently issued controls and shall be recognized.
(c) If none of the tribunals would have continuing, exclusive jurisdiction under
KRS 407.5101 to 407.5902, the tribunal of this state having jurisdiction over
the parties shall issue a child support order, which controls and shall be
recognized.
If two (2) or more child support orders have been issued for the same obligor and
child and if the obligor or the individual obligee resides in this state, a party may
request a tribunal of this state to determine which order controls and shall be
recognized under subsection (2) of this section. The request shall be accompanied
by a certified copy of every support order in effect. The requesting party shall give
notice of the request to each party whose rights may be affected by the
determination.
The tribunal that issued the controlling order under subsection (1), (2), or (3) of this
section is the tribunal that has continuing, exclusive jurisdiction under KRS
407.5205.
A tribunal of this state that determines by order the identity of the controlling order
under subsection (2)(a) or (2)(b) of this section or that issues a new controlling
order under subsection (2)(c) of this section shall state in that order the basis upon
which the tribunal made its determination.
Within thirty (30) days after issuance of an order determining the identity of the
controlling order, the party obtaining the order shall file a certified copy of it with
each tribunal that issued or registered an earlier order of child support. A party who
obtains the order and 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.
Effective: March 23, 1998
History: 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.
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