(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, 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 shall determine, by order, which order controls and must be recognized:
(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,
(A) an order issued by a tribunal in the current home state of the child controls; or
(B) if an order has not been issued in the current home state of the child, the order most recently issued controls;
(3) if none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order, which controls.
(c) If two or more child support orders have been issued for the same obligor and same child, upon 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 (b) of this section. The request may be filed with a registration for enforcement or a registration for modification under AS 25.25.601 - 25.25.616 or may be filed as a separate proceeding.
(d) The tribunal that issued the controlling order under (a), (b), or (c) of this section has continuing jurisdiction to the extent provided in AS 25.25.205 or 25.25.206.
(e) A tribunal of this state that determines, by order, which is the controlling child support order under (b)(1) or (2) or (c) of this section, or that issues a new controlling child support order under (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 AS 25.25.209 .
(f) Within 30 days after issuance of the order determining which is the controlling order, the party obtaining that order shall file a certified copy of that order in each tribunal that had issued or registered an earlier order of child support. Failure of the party or the support enforcement agency 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.
(g) 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.
(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 under this section must be recognized in proceedings under this chapter.
Section: Previous 25.25.201 25.25.202 25.25.203 25.25.204 25.25.205 25.25.206 25.25.207 25.25.208 25.25.209 25.25.210 25.25.280 25.25.281 NextLast modified: November 15, 2016