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§ 7207. Determination of controlling child support order

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 23 Pa.C.S.A. Domestic RelationsEffective: December 28, 2015

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 23 Pa.C.S.A. Domestic Relations (Refs & Annos)
Part VIII. Uniform Interstate Family Support (Refs & Annos)
Chapter 72. Jurisdiction (Refs & Annos)
Subchapter C. Reconciliation of Multiple Orders (Refs & Annos)
Effective: December 28, 2015
23 Pa.C.S.A. § 7207
§ 7207. Determination 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, 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 the 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 part, the order of that tribunal controls.
(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 shall issue a child support order, which controls.
(a.2) Request to determine controlling order.--If two or more child support orders have been issued for the same obligor and the same child, upon request of a party who is an individual or which 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 (a.1). The request may be filed with a registration for enforcement or registration for modification under Chapter 76 (relating to registration, enforcement and modification of support order) or may be filed as a separate proceeding. The 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.
(b) Exclusive jurisdiction.--The tribunal that issued the controlling order under subsection (a), (a.1) or (a.2) is the tribunal that has continuing jurisdiction under section 7205 (relating to continuing, exclusive jurisdiction to modify child support orders) or 7206 (relating to continuing jurisdiction to enforce child support orders).
(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 (a.2) or which issues a new controlling order under subsection (a.1)(3) shall state all of the following in that order:
(1) The basis upon which the tribunal made its determination.
(2) The amount of prospective support, if any.
(3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited under section 7209 (relating to credit for payments).
(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 or support enforcement agency that 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.
(e) Recognition.--An order which has been determined to be the controlling order or a judgment for consolidated arrears of support and interest, if any, made under this section must be recognized in proceedings under this part.

Credits

1996, April 4, P.L. 58, No. 20, § 6, imd. effective. Amended 1997, Dec. 16, P.L. 549, No. 58, § 16, effective Jan. 1, 1998; 2015, Dec. 28, P.L. 559, No. 94, § 10, imd. effective.
23 Pa.C.S.A. § 7207, PA ST 23 Pa.C.S.A. § 7207
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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