N.Y. FCT Law § 580-207 — New York Code / Act FCT / Article 5-B / Part 2 / Section 580-207
Determination of controlling child support order
Status: in_force

§ 580-207. Determination of controlling child support order. (a) If a\nproceeding is brought under this article and only one tribunal has\nissued a child support order, the order of that tribunal controls and\nmust be recognized.\n  (b) If a proceeding is brought under this article, and two or more\nchild support orders have been issued by tribunals of this state,\nanother state or a foreign country with regard to the same obligor and\nsame child, a tribunal of this state having personal jurisdiction over\nboth the obligor and individual obligee shall apply the following rules\nand by order shall determine which order controls and must be\nrecognized:\n  (1) If only one of the tribunals would have continuing, exclusive\njurisdiction under this article, the order of that tribunal controls.\n  (2) If more than one of the tribunals would have continuing, exclusive\njurisdiction under this article:\n  (i) an order issued by a tribunal in the current home state of the\nchild controls; or\n  (ii) if an order has not been issued in the current home state of the\nchild, the order most recently issued controls.\n  (3) If none of the tribunals would have continuing, exclusive\njurisdiction under this article, the tribunal of this state shall issue\na child support order, which controls.\n  (c) If two or more child support orders have been issued for the same\nobligor and same child, upon request of a party who is an individual or\nthat is a support enforcement agency, a tribunal of this state having\npersonal jurisdiction over both the obligor and the obligee who is an\nindividual shall determine which order controls under subdivision (b) of\nthis section. The request may be filed with a registration for\nenforcement or registration for modification pursuant to part six of\nthis article, or may be filed as a separate proceeding.\n  (d) A request to determine which is the controlling order must be\naccompanied by a copy of every child support order in effect and the\napplicable record of payments. The requesting party shall give notice of\nthe request to each party whose rights may be affected by the\ndetermination.\n  (e) The tribunal that issued the controlling order under subdivision\n(a), (b) or (c) of this section has continuing jurisdiction to the\nextent provided in section 580-205 or 580-206 of this part.\n  (f) A tribunal of this state that determines by order which is the\ncontrolling order under paragraph one or two of subdivision (b) or\nsubdivision (c) of this section, or that issues a new controlling order\nunder paragraph three of subdivision (b) of this section, shall state in\nthat order:\n  (1) the basis upon which the tribunal made its determination;\n  (2) the amount of prospective support, if any; and\n  (3) the total amount of consolidated arrears and accrued interest, if\nany, under all of the orders after all payments made are credited as\nprovided by section 580-209 of this part.\n  (g) Within thirty days after issuance of an order determining which is\nthe controlling order, the party obtaining the order shall file a\ncertified copy of it in each tribunal that issued or registered an\nearlier order of child support. A party or support enforcement agency\nobtaining the order that fails to file a certified copy is subject to\nappropriate sanctions by a tribunal in which the issue of failure to\nfile arises. The failure to file does not affect the validity or\nenforceability of the controlling order.\n  (h) An order that has been determined to be the controlling order, or\na judgment for consolidated arrears of support and interest, if any,\nmade pursuant to this section must be recognized in proceedings under\nthis article.\n