New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter IV - Forms of the Family Court of the State of New York and Adoption Forms of the Family Court of the State of New York (cf. s205.7) › Subchapter A - Forms Authorized by Section 205.7 › Uniform Interstate Family Support Act Forms › Form UIFSA-8 - Notice of determination of controlling order

Current through Register Vol. 46, No. 28, July
					 10, 2024
F.C.A. Art. 5-B UIFSA-8
NOTICE OF DETERMINATION OF CONTROLLING
						ORDER
Date [ ] IV-D Non-Public Assistance
[ ] IV-D Non PA Medicaid
Obligor (First, Mid, Last) [ ] Full
						Services
[ ] Medical Services Only
Obligee (First, Mid, Last) [ ] IV-D Public
						Assistance
[ ] IV-E Foster Care (IV-D Case)
[ ] Non-IV-D
File Stamp
To: (Agency Name and Address)
FIPS Code ________ State
						____________
IV-D Case No. ____________
Docket No. ____________
____________
From: (Contact Person, Agency, Address,
						Phone, Fax, Internet)
FIPS Code ________ State
						____________
IV-D Case No. ____________
Docket No. ____________
____________
1. On ________ (Date), ____________
						(Tribunal Name; County, State)
determined which order to recognize for
						prospective enforcement. The following orders were considered:
#
County
State
Date of Order
IV-D Case Number
Docket Number
Order Type
1
2
3
4
5
[ ] Additional orders listed on attached
						sheet.
2. The tribunal determined that order
						number listed above in the table is the controlling order for prospective
						enforcement.
3. [ ] A copy of a modified order is
						attached.
[ ] The tribunal determined that none of
						the existing orders is the controlling order. Therefore, a new order was
						entered; a copy is attached.
4. $________ per ________ (Frequency) is
						the current charging amount.
5. The tribunal calculated arrears to be
						$________as of ____________ (Date).
[ ] Attached is a copy of the worksheet(s)
						showing the arrears calculation.
6. A copy of this notice (and any new or
						modified order) was also sent to:
Entity Name; State
Entity Name; State
[ ] Obligor [ ] Obligee [ ] Additional
						Entities Listed on Attached Sheet
____________
Notice of Determination of Controlling
						Order OMB No. 0970 - 0085 Page 1 of 1
OMB No. 0970 - 0085
INSTRUCTIONS FOR NOTICE OF DETERMINATION
						OF CONTROLLING ORDER
PURPOSE OF THE FORM: When a tribunal makes
						a determination regarding which order is controlling for purposes of
						continuing, exclusive jurisdiction, this form is used to notify the parties and
						other tribunals/agencies of this determination. Under the Uniform Interstate
						Family Support Act (UIFSA), only the controlling order should be recognized for
						prospective enforcement (i.e., enforcement of current support). This form is
						designed to notify other tribunals/agencies when a tribunal makes a
						determination of which order is controlling, or when the tribunal issues a new
						child support order or modifies a child support order. When a new order is
						issued or an order is modified in accordance with UIFSA, the new order (or
						newly modified order) becomes the controlling order.
This notice provides a standard format for
						alerting entities in other jurisdictions about a controlling order
						determination. The actual determination will likely be in a State-specific
						format (e.g., order or form) which may be attached to the standard Notice of
						Determination of Controlling Order if necessary. The Notice of Determination of
						Controlling Order provides the information about the controlling order in a
						uniform, standard format that will facilitate interstate processing.
Complete this notice when your tribunal
						makes a determination of which order is controlling, or when your tribunal
						issues a new child support order or modifies a child support order. Generally,
						this form only needs to be used when there are multiple orders governing the
						same obligor/obligee/child(ren).
If multiple orders governing the same
						obligor, obligee, and child(ren) exist, a UIFSA State can only prospectively
						enforce or modify the "controlling order" in a UIFSA proceeding. UIFSA contains
						rules for determining which order is recognized when multiple orders exist.
						Under these rules:
1. The order issued by a tribunal with
						continuing, exclusive jurisdiction (CEJ) has priority. As issuing tribunal
						retains CEJ as long as the issuing State remains the residence of the obligor,
						obligee, or child, or until all parties file written consent with the tribunal
						allowing another State to modify the order.
2. If more than one issuing tribunal would
						have CEJ, the order issued by the child's current home State has
						priority.
3. If more than one tribunal would have
						CEJ but there is no order in the child's current home State, the most recently
						issued order has priority.
4. If no tribunal would have CEJ, the
						responding State may issue a new support order and it becomes the CEJ
						State.
While only the controlling order should be
						recognized for prospective enforcement, arrears that accrued under other orders
						may still be enforced.
You must use the Notice of Determination
						of Controlling Order to notify:
the initiating IV-D agency if you are
						acting as a responding jurisdiction in an interstate action,
any tribunal that has issued, registered,
						or is enforcing a child support order governing the same parties and
						child(ren),
any IV-D agency with an open or closed
						IV-d case for the parties,
a party to the order (i.e., the obligor or
						obligee), as appropriate, or
____________
Instructions for Notice of Determination
						of Controlling Order Page 1
a central registry in another State. It
						may be particularly important to notify a central entity if it keeps a registry
						of all orders in that State. A central registry may also be willing to notify
						tribunals or agencies within that State.
HEADING/CAPTION:
Enter the date of the notice.
Identify the obligor and obligee in the
						appropriate spaces.
Check the appropriate space to identify
						the type of case: IV-D Non Public Assistance; IV-D Non Public Assistance
						Medicaid (indicate whether receiving Full Services or Medical Services Only);
						IV-D Public Assistance; IV-E Foster Care; or Non IV-D. IV-D means the case is
						being worked by the State or local child support enforcement agency (i.e., IV-D
						agency). Public Assistance means the obligee's family receives IV-A cash
						payments [IV-A was formerly called Aid to Families with Dependent Children
						(AFDC) and is now called Temporary Family Assistance]. A IV-D Non Public
						Assistance Medicaid case is a case where the obligee's family receives Medicaid
						but does not receive Public Assistance (IV-A cash payments).
In the space marked "To:", list the name
						and address (street, city, State, and zip code) of the central registry, or
						agency where you are sending the Notice of Determination of Controlling
						Order.
In the appropriate spaces, if applicable
						and if known, enter the FIPS code, State, IV-D case number, and docket number
						of the jurisdiction to which you are sending the notice. Under "docket number",
						you may enter the docket number, cause number, or any other appropriate
						reference number that the receiving State may use to identify the case, if
						known.
In the space marked "From:", list a
						contact person, agency name, address (street, city, State, zip code), phone
						number (including extension), fax number, and Internet address.
In the appropriate spaces, enter your
						jurisdiction's FIPS code, State, IV-D case number, and docket number. Under
						"docket number", you may enter the docket number, cause number, or any other
						appropriate reference number which the tribunal or agency has assigned to the
						case.
MAIN BODY OF FORM:
In the first blank in item 1, enter the
						date that the determination of controlling order was made. In the second blank,
						enter the Name, County, and State of the tribunal which made the
						determination.
For each order considered in the
						controlling order determination, list in the table in item 1 the County, State,
						Date of Order, IV-D Case Number, Docket Number (enter docket number, cause
						number, or other appropriate reference number), and Order Type (e.g., de novo
						support, modification, dissolution, contempt, paternity, etc.). Include any
						order issued or modified by this tribunal in the present action. If more than
						five orders were considered, list and number additional orders on an attached
						sheet and check the space below the table which says "Additional orders listed
						on attached sheet".
In the blank in item 2, enter the number
						from the table (first column) of the order that was determined to be
						controlling.
In item 3, check the first box if a
						modified order was entered and is attached. Check the second box if a new order
						was entered and is attached.
____________
Instructions for Notice of Determination
						of Controlling Order Page 2
In the blanks in item 4, enter the amount
						and frequency (e.g., week, month) of the current charging amount.
In the blanks in item 5, enter the amount
						of arrears and the date as of which the amount is correct. Check the box if a
						copy of any worksheet(s) used to calculate arrears is attached. Page 6a of the
						General Testimony may be used.
Under item 6, list the Name and State of
						other entities that you will be sending the notice to. If you will be sending
						the notice to all the tribunals listed in the table under number 1, you may
						write "All tribunals issuing orders listed in table above." List additional
						entities on an attached sheet if necessary,, and check the box indicating that
						there is an attachment. If you are sending a copy of the Notice to the obligor
						and/or obligee, check the appropriate box(es) labelled
						"Obligor"/"Obligee".
**************************************************
The Paperwork Reduction Act of 1995
This information collection is conducted
						in accordance with
						45 CFR
						303.7 of the child support enforcement
						program. Standard forms are designed to provide uniformity and standardization
						for interstate case processing. Public reporting burden for this collection of
						information is estimated to average one hour per response. The responses to
						this collection are mandatory in accordance with
						45 CFR
						303.7. This information is subject to State
						and Federal confidentiality requirements; however, the information will be
						filed with the tribunal and/or agency in the responding State and may,
						depending on State law, be disclosed to other parties. An agency may not
						conduct or sponsor, and a person is not required to respond to, a collection of
						information unless it displays a currently valid OMB control number.
____________
Instructions for Notice of Determination
						of Controlling Order Page 3