Notice Of Determination Of Controlling Order (Page 3 of 4) in pdf

INSTRUCTIONS FOR THE NOTICE OF DETERMINATION OF CONTROLLING ORDER

PURPOSE OF THE FORM:

This notice provides a standard format for alerting entities in other jurisdictions that a controlling order determination has

been completed by your tribunal. 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.

Complete this notice when your state’s tribunal makes a determination of controlling order. UIFSA includes provisions to

ensure that there is only one valid order between the parties that controls the amount of current support. The need for a

determination of controlling order should be rare because there are few cases where there are still multiple valid orders with a

current support obligation.

Italicized text that appears within a “box” refers to policy or provides additional information.

Tribal IV-D programs may choose to use the federal Intergovernmental forms. However, they are not required to use

or accept such

forms. If you have any questions,

contact the tribal IV-D agency directly using the contact information

on the OCSE website.

Where forms request a locator code, note that tribal locator codes uniquely identify tribal cases with “9” in the first

position, 0 (zero) in the second

position,

and then a 3-character tribal code defined by the Bureau of Indian Affairs

(BIA).

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 issued, registered, or is enforcing a child support order governing the same obligor and child(ren);

•

Any IV-D agency with an open or a closed IV-D case for the parties;

•

A party to the order (i.e., the obligor or obligee), as appropriate;

•

HEADING/CAPTION:

Enter the date the notice was issued.

•

Identify the obligor and obligee by full legal name (first, middle, last, suffix) in the appropriate spaces.

•

Check the appropriate box to identify the type of IV-D case: TANF, IV-E foster care, Medicaid only, former

•

assistance, never assistance, or non-IV-D.

TANF means the obligee’s family is currently receiving IV-A cash payments. A Medicaid only case is a case in

which the obligee’s family receives Medicaid but does not receive TANF.

A former assistance case might be a case

for state arrears only or for a family that previously received TANF, but is not doing so at this time.

In the space marked “To:”, list the name and address (street, PO Box, city, state, and zip code) of the court or agency

•

to which you are sending the Notice of Determination of Controlling Order.

In the appropriate spaces, if applicable and if known, enter the responding jurisdiction’s locator code, state, IV-D case

•

identifier, and tribunal number.

The responding jurisdiction is the jurisdiction that is working the case at the request of the initiating jurisdiction.

Under “IV-D case identifier”, enter the number/identifier identical to the one submitted on the Federal Case

Registry, which is a left-justified up to 15-character alphanumeric field, allowing all characters except asterisk and

backslash, and with all characters in uppercase. Under “tribunal number”, you may enter the docket number, cause

number, or any other appropriate reference number that the responding tribunal may use to identify the case, if

known.

In the space marked “From:”, list the contact person, agency name, address (street, PO Box, city, state, zip code), direct

•

telephone number (including extension), fax number, and e-mail address.

In the appropriate spaces enter the initiating jurisdiction’s locator code, state, IV-D case identifier, and, if applicable,

•

tribunal number.

The initiating jurisdiction is the jurisdiction that referred the case to the responding jurisdiction for services. Under

“IV-D case identifier”, enter the number/identifier identical to the one submitted on the Federal Case Registry, which

is a left-justified up to 15-character alphanumeric field, allowing all characters except asterisk and backslash, and

with all characters in uppercase. Under “tribunal number”, you may enter the docket number, cause number, or any

other appropriate reference number that the initiating tribunal has assigned to the case.

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Notice of Determination of Controlling Order

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