§ 14-5-207 — Determination of controlling child support order

Colorado § 14-5-207

• Jurisdiction: Colorado
• Title 14: Domestic
• Art.: Uniform Interstate Family

Text

(a) If a
proceeding is brought under this article and only one tribunal has issued a child
support order, the order of that tribunal controls and must be recognized.

(b) If a proceeding is brought under this article, 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 article, the order of that tribunal controls.

(2) If more than one of the tribunals would have continuing, exclusive
jurisdiction under this article:

(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 article, 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 subsection (b) of this section. The request may be filed with a
registration for enforcement or registration for modification pursuant to part 6 of
this article, or may be filed as a separate proceeding.

(d) A request to determine which is the controlling order shall 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.

(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 section 14-5-205 or 14-5-206.

(f) A tribunal of this state that determines by order which is the controlling
order under subsection (b)(1), (b)(2), or (c) of this section, or that issues a new
controlling order under subsection (b)(3) of this section, shall state 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 section
14-5-209.

(g) Within thirty days after issuance of an order determining which is the
controlling order, the party obtaining the order shall file a certified copy of it in
each tribunal that issued or registered an earlier order of child support. A party or
support enforcement agency obtaining the order that fails to file a certified copy is
subject to appropriate sanctions by a tribunal in which the issue of failure to file
arises. The failure to file does not affect the validity or enforceability of the
controlling order.

(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 article.

Legislative History

Source: L. 93: Entire article R&RE, p. 1587, � 1, effective January 1, 1995. L. 97: Entire section amended, p. 535, � 4, effective July 1. L. 2003: Entire section amended, p. 1246, � 7, effective July 1, 2004. L. 2015: (a), (b), and (c) amended, (HB 15-1198), ch. 173, p. 548, � 9, effective July 1.