(a)If a proceeding is brought under this
article and only one (1) 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 (2) or more
child support orders have been issued by Indiana tribunals, another
state, or a foreign country with regard to the same obligor and same
child, an Indiana tribunal 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 (1) of the tribunals would have continuing,
exclusive jurisdiction under this article, the order of that tribunal
controls.
(2)If more than one (1) of the tribunals would have continuing,
exclusive
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(a) If a proceeding is brought under this
article and only one (1) 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 (2) or more
child support orders have been issued by Indiana tribunals, another
state, or a foreign country with regard to the same obligor and same
child, an Indiana tribunal 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 (1) of the tribunals would have continuing,
exclusive jurisdiction under this article, the order of that tribunal
controls.
(2) If more than one (1) 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 Indiana tribunal shall issue a
child support order, which controls.
(c) If two (2) 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 the support enforcement agency, an Indiana
tribunal having personal jurisdiction over both the obligor and the
obligee who is an individual shall determine which order controls
under subsection (b). The request may be filed with a registration for
enforcement or registration for modification under IC 31-18.5-6, or
may be filed as a separate proceeding.
(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.
(e) The tribunal that issued the controlling order under subsection
(a), (b), or (c) has continuing jurisdiction to the extent provided in
section 5 or 6 of this chapter.
(f) An Indiana tribunal that determines by order which is the
controlling order under subsection (b)(1), (b)(2), or (c), or that issues
a new controlling order under subsection (b)(3), 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 9 of this chapter.
(g) Within thirty (30) days after issuance of an order determining
which is the controlling order, the party obtaining the order shall file
a certified copy of the order 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 under this section must be recognized in proceedings under this
article.