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§ 10-310. Recognition of child support orders

West's Annotated Code of MarylandFamily LawEffective: July 1, 2015

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 10. Support in General (Refs & Annos)
Subtitle 3. Maryland Uniform Interstate Family Support Act (Refs & Annos)
Part II. Jurisdiction (Refs & Annos)
Effective: July 1, 2015
MD Code, Family Law, § 10-310
§ 10-310. Recognition of child support orders
One child support order
(a) If a proceeding is brought under this subtitle and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized.
Two or more child support orders
(b) If a proceeding is brought under this subtitle, and two or more child support orders have been issued by tribunals of this State, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this State 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:
(1) if only one of the tribunals would have continuing, exclusive jurisdiction under this subtitle, the order of that tribunal controls;
(2) if more than one of the tribunals would have continuing, exclusive jurisdiction under this subtitle:
(i) an order issued by a tribunal in the current home state of the child controls; or
(ii) if an order has not been issued in the current home state of the child, the order most recently issued controls; or
(3) if none of the tribunals would have continuing, exclusive jurisdiction under this subtitle, the tribunal of this State shall issue a child support order, which controls.
Request for determination of controlling order
(c) If two or more child support orders have been issued for the same obligor and same child, on 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 (b) of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to Part VI of this subtitle, or may be filed as a separate proceeding.
Copy of child support orders
(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.
Continuing exclusive jurisdiction
(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) of this section has continuing jurisdiction to the extent provided in § 10-308 or § 10-309 of this subtitle.
Determination order to include reason for determination
(f) A tribunal of this State that determines by order the controlling child support order under subsection (b)(1) or (2) or (c) of this section or that issues a new controlling child support order under subsection (b)(3) of this section, shall include 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 § 10-312 of this subtitle.
Filing of certified copies
(g) Within 30 days after issuance of the order determining the controlling order, the party obtaining that order shall file a certified copy of it in each tribunal that had issued or registered an earlier order of child support. Failure of the party or support enforcement agency obtaining the order to file a certified copy as required subjects that party or support enforcement agency to appropriate sanctions by a tribunal in which the issue of failure to file arises, but that failure has no effect on the validity or enforceability of the controlling order.
Recognition of orders or judgments
(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 pursuant to this section shall be recognized in proceedings under this subtitle.

Credits

Added as Family Law § 10-308 by Acts 1996, c. 667, § 2, eff. Jan. 1, 1997. Renumbered as Family Law § 10-310 by Acts 1997, c. 609, § 1, eff. July 1, 1997. Amended by Acts 1997, c. 609, § 1, eff. July 1, 1997; Acts 2008, c. 522, § 1, eff. Oct. 1, 2008; Acts 2010, c. 122, § 1, eff. Oct. 1, 2010; Acts 2015, c. 308, § 2, eff. July 1, 2015.
MD Code, Family Law, § 10-310, MD FAMILY § 10-310
Current through legislation effective through April 21, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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