2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 72 - Jurisdiction
7207 - Recognition of controlling child support order.


                               SUBCHAPTER C
                    RECONCILIATION OF MULTIPLE ORDERS

     Sec.
     7207.  Recognition of controlling child support order.
     7208.  Multiple child support orders for two or more obligees.
     7209.  Credit for payments.

        Chapter Heading.  The heading of Subchapter C was amended
     December 16, 1997, P.L.549, No.58, effective January 1, 1998.
     § 7207.  Recognition of controlling child support order.
        (a)  Single child support order.--If a proceeding is brought
     under this part and only one tribunal has issued a child support
     order, the order of that tribunal controls and must be so
     recognized.
        (a.1)  Multiple orders.--If a proceeding is brought under
     this part and two 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:
            (1)  If only one of the tribunals would have continuing,
        exclusive jurisdiction under this part, the order of that
        tribunal controls and must be so recognized.
            (2)  If more than one of the tribunals would have
        continuing, exclusive jurisdiction under this part, an order
        issued by a tribunal in the current home state of the child
        controls and must be so recognized, but, if an order has not
        been issued in the current home state of the child, the order
        most recently issued controls and must be so recognized.
            (3)  If none of the tribunals would have continuing,
        exclusive jurisdiction under this part, the tribunal of this
        State having jurisdiction over the parties shall issue a
        child support order, which controls and must be so
        recognized.
        (a.2)  Request to determine controlling order.--If two or
     more child support orders have been issued for the same obligor
     and the 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 must be so
     recognized under subsection (a.1). The request must 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.
        (b)  Exclusive jurisdiction.--The tribunal that issued the
     controlling order under subsection (a), (a.1) or (a.2) is the
     tribunal that has continuing, exclusive jurisdiction under
     section 7205 (relating to continuing, exclusive jurisdiction).
        (c)  Basis of order.--A tribunal of this State which
     determines by order the identity of the controlling order under
     subsection (a.1)(1) or (2) or which issues a new controlling
     order under subsection (a.1)(3) shall state in that order the
     basis upon which the tribunal made its determination.
        (d)  Filing of copy of order.--Within 30 days after issuance
     of an order determining the identity of the controlling order,
     the party obtaining the determining 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 a
     determining 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. Failure to file a copy of the
     determining order does not affect the validity or enforceability
     of the controlling order.
     (Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)

        Cross References.  Section 7207 is referred to in section
     7611 of this title.

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