N.Y. Family Court Act § 580-207: Determination of controlling child support order

§ 580-207. Determination of controlling child support order. (a) If a

proceeding is brought under this article 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 under this article, 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 under this article, the order of that tribunal controls.

(2) If more than one of the tribunals would have continuing, exclusive

jurisdiction under this article:

(i) an order issued by a tribunal in the current home state of the

child controls; or

(ii) 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 under this article, 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 subdivision (b) of

this section. The request may be filed with a registration for

enforcement or registration for modification pursuant to part six of

this article, 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 subdivision

(a), (b) or (c) of this section has continuing jurisdiction to the

extent provided in section 580-205 or 580-206 of this part.

(f) A tribunal of this state that determines by order which is the

controlling order under paragraph one or two of subdivision (b) or

subdivision (c) of this section, or that issues a new controlling order

under paragraph three of subdivision (b) of this section, shall state in

that order:

(1) the basis upon which the tribunal made its determination;

(2) the amount of prospective support, if any; and

(3) the total amount of consolidated arrears and accrued interest, if

any, under all of the orders after all payments made are credited as

provided by section 580-209 of this part.

(g) Within thirty days after issuance of an order determining which is

the controlling order, the party obtaining the order shall file a

certified copy of it in each tribunal that issued or registered an

earlier order of child support. A party or support enforcement agency

obtaining the order that fails to file a certified copy is subject to

appropriate sanctions by a tribunal in which the issue of failure to

file arises. The failure to file does not affect the validity or

enforceability of the controlling order.

(h) An order that has been determined to be the controlling order, or

a judgment for consolidated arrears of support and interest, if any,

made pursuant to this section must be recognized in proceedings under

this article.