Section 5700.207 Of Chapter 2. Jurisdiction From California Family Law Code >> Division 9. >> Part 6. >> Chapter 2.
5700.207
. (a) 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 recognized.
(b) 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 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:
(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 part, 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). The request may be filed with a registration
for enforcement or registration for modification pursuant to Chapter
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 5700.205 or 5700.206.
(f) A tribunal of this state that determines by order which is the
controlling order under subsection (b)(1) or (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 5700.209.
(g) Within 30 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 must be recognized in proceedings
under this part.