Notice Of Determination Of Controlling Order (Page 2 of 4) in pdf

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

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Notice Of Determination Of Controlling Order Page 2