KRS § 407.5207 — KY Code / Title XXXV / Chapter 407 / Section 407.5207
407.5207 Determination of controlling child support order
Status: in_force

407.5207 Determination of controlling child support order.

(1) If a proceeding is brought under this chapter and only one (1) tribunal has issued a

child support order, the order of that tribunal controls and shall be recognized.

(2) If a proceeding is brought under KRS 407.5101 to 407.5902 and two (2) or more

child support orders have been issued by tribunals of this state or another state or

foreign country with regard to the same obligor and same child, a tribunal of this

state having personal jurisdiction over both the obligor and the individual obligee

shall apply the following rules and by order shall determine which order controls

and shall be recognized:

(a) If only one (1) of the tribunals would have continuing, exclusive jurisdiction

under KRS 407.5101 to 407.5902, the order of that tribunal controls.

(b) If more than one (1) of the tribunals would have continuing, exclusive

jurisdiction under KRS 407.5101 to 407.5902:

1. An order issued by a tribunal in the current home state of the child

controls; or

2. If an order has not been issued in the current home state of the child, the

order most recently issued controls.

(c) If none of the tribunals would have continuing, exclusive jurisdiction under

KRS 407.5101 to 407.5902, the tribunal of this state shall issue a child

support order, which controls.

(3) 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 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 (2) of this section. The request may be filed with a

registration for enforcement or registration for modification pursuant to Article 6 of

this chapter, or may be filed as a separate proceeding.

(4) 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.

(5) The tribunal that issued the controlling order under subsection (1), (2), or (3) of this

section has continuing jurisdiction to the extent provided in KRS 407.5205 and

407.5206.

(6) A tribunal of this state that determines by order which is the controlling order under

subsection (2)(a),(2)(b), or (3) of this section or that issues a new controlling order

under subsection (2)(c) of this section shall state in that order:

(a) The basis upon which the tribunal made its determination;

(b) The amount of prospective support, if any; and

(c) The total amount of consolidated arrears and accrued interest, if any, under all

of the orders after all payments made are credited as provided in KRS

407.5209.

(7) 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 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.

(8) 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 KRS 407.5101 to 407.5902.