2006 Code of Virginia § 20-88.41 - Determination of controlling child support order
20-88.41. Determination of controlling child support order.
A. If a proceeding is brought under this chapter and only one tribunal hasissued a child support order, the order of that tribunal controls and shallbe so recognized.
B. If a proceeding is brought under this chapter, and two or more childsupport orders have been issued by tribunals of the Commonwealth or anotherstate with regard to the same obligor and same child, a tribunal of theCommonwealth having personal jurisdiction over both the obligor andindividual obligee shall apply the following rules and by order shalldetermine which order controls:
1. If only one of the tribunals would have continuing, exclusive jurisdictionunder this chapter, the order of that tribunal controls and shall be sorecognized.
2. If more than one of the tribunals would have continuing, exclusivejurisdiction under this chapter, (i) an order issued by a tribunal in thecurrent home state of the child controls, but (ii) if an order has not beenissued in the current home state of the child, the order most recently issuedcontrols.
3. If none of the tribunals would have continuing, exclusive jurisdictionunder this chapter, a tribunal of the Commonwealth shall issue a childsupport order, which controls.
C. If two or more child support orders have been issued for the same obligorand same child, upon request of a party who is an individual or a supportenforcement agency, a tribunal of the Commonwealth having personaljurisdiction over both the obligor and the obligee who is an individual shalldetermine which order controls under subsection B. The request may be filedwith a registration for enforcement or registration for modification pursuantto Articles 8 ( 20-88.66 et seq.) and 9 ( 20-88.74 et seq.) or may be filedas a separate proceeding.
D. A request to determine which is the controlling order shall be accompaniedby a copy of every child support order in effect and the applicable record ofpayments. The requesting party shall give notice of the request to each partywhose rights may be affected by the determination.
F. A tribunal of the Commonwealth that determines by order which is thecontrolling order under subdivision B 1 or B 2 or under subsection C or thatissues a new controlling order under subdivision B 3 shall state in thatorder:
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 20-88.43.
G. Within 30 days after issuance of an order determining which is thecontrolling order, the party obtaining that order shall file a certified copyof it in each tribunal that had issued or registered an earlier order ofchild support. A party or support enforcement agency obtaining the order thatfails to file a certified copy is subject to appropriate sanctions by atribunal in which the issue of failure arises. The failure to file does notaffect the validity or enforceability of the controlling order.
H. An order that has been determined to be the controlling order, or ajudgment for consolidated arrears of support and interest, if any, madepursuant to this section shall be recognized in proceedings under thischapter.
(1994, c. 673; 1997, cc. 797, 897; 2005, c. 754.)
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