Determination of controlling child support order

SDCL § 25-9C-207 — under UNIFORM INTERSTATE FAMILY SUPPORT ACT (2008).

SDCL § 25-9C-207

(a) If a proceeding is brought pursuant to this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized. (b) If a proceeding is brought pursuant to this chapter, and two or more child support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized: (1) If only one of the tribunals would have continuing, exclusive jurisdiction pursuant to this chapter, the order of that tribunal controls; (2) If more than one of the tribunals would have continuing, exclusive jurisdiction pursuant to this chapter: (a) An order issued by a tribunal in the current home state of the child controls; or (b) If an order has not been issued in the current home state of the child, the order most recently issued controls; (3) If none of the tribunals would have continuing, exclusive jurisdiction pursuant to this chapter, the tribunal of this state shall issue a child support order, which controls. (c) If two 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 (b). The request may be filed with a registration for enforcement or registration for modification pursuant to Article 6, or may be filed as a separate proceeding. (d) A request to determine which is the controlling order must 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. (e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in § 25-9C-205 or