- Alaska Statutes.
- Title 25. Marital and Domestic Relations
- Chapter 25. Uniform Interstate Family Support Act
- Section 207. Recognition of Controlling Child Support Order.
previous: Section 206. Enforcement and Modification of Support Order By Tribunal Having Continuing Jurisdiction.
next: Section 208. Multiple Child Support Orders For Two or More Obligees.
AS 25.25.207. Recognition of Controlling Child Support Order.
- (a) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of
that tribunal is controlling and shall be recognized.
- (b) If a proceeding is brought under this chapter 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 chapter, the order of that
tribunal is controlling and shall be recognized;
- (2) if more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by
a tribunal in the current home state of the child shall be recognized, but, if an order has not been issued in the
current home state of the child, the order most recently issued is controlling and shall be recognized;
- (3) if none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state
having jurisdiction over the parties shall issue a child support order, which is controlling and shall be recognized.
- (c) If two 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 (b) of this section. The request shall be accompanied by a certified copy of
every support order in effect. Every party whose rights may be affected by a determination of the controlling order
shall be given notice of the request for that determination.
- (d) The tribunal that issued the order that shall be recognized as controlling under (a), (b), or (c) of this section is
the tribunal that has continuing, exclusive jurisdiction in accordance with AS 25.25.205
.
- (e) A tribunal of this state that determines by order the identity of the controlling child support order under (b) (1) or
(2) of this section, or that issues a new controlling child support order under (b) (3) of this section, shall include
in that order the basis upon which the tribunal made its determination.
- (f) Within 30 days after issuance of the order determining the identity of the controlling order, the party obtaining that
order shall file a certified copy of that order with each tribunal that had issued or registered an earlier order of
child support. Failure of the party obtaining the order to file a certified copy as required under this subsection
subjects that party 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.
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Last modified 8/31/2005
