(2) If a proceeding is brought under 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:
(a) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter the order of that tribunal controls.
(b) If more than one of the tribunals would have continuing, exclusive jurisdiction under 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.
(c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order, which controls.
(3) 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 (2) of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to ORS 110.605 to 110.641 or may be filed as a separate proceeding.
(4) 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.
(5) The tribunal that issued the controlling order under subsection (1), (2) or (3) of this section has continuing jurisdiction to the extent provided in ORS 110.527 or 110.530.
(6) A tribunal of this state that determines by order which is the controlling order under subsection (2)(a) or (b) or (3) of this section or that issues a new controlling order under subsection (2)(c) of this section shall state in that order:
(a) The basis upon which the tribunal made its determination;
(b) The amount of prospective support, if any; and
(c) 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 ORS 110.537.
(7) Within 30 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.
(8) 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 chapter. [2015 c.298 §13]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 110 - Uniform Interstate Family Support Act
Section 110.503 - Definitions.
Section 110.504 - Tribunal of state.
Section 110.505 - Remedies cumulative; limitations.
Section 110.510 - Application to certain support proceedings.
Section 110.518 - Bases for jurisdiction over nonresident; limitations.
Section 110.524 - Simultaneous proceedings in another state.
Section 110.527 - Continuing, exclusive jurisdiction.
Section 110.530 - Tribunal of state as initiating or responding tribunal.
Section 110.533 - Recognition of controlling child support order.
Section 110.540 - Spousal support proceedings.
Section 110.542 - Proceedings under this chapter.
Section 110.548 - Application of law of this state.
Section 110.549 - Duties of initiating tribunal.
Section 110.551 - Duties and powers of responding tribunal.
Section 110.563 - Duty of Attorney General; reciprocal arrangement with foreign country.
Section 110.569 - Duties of Attorney General’s office as state information agency.
Section 110.572 - Pleadings and accompanying documents.
Section 110.578 - Costs and fees.
Section 110.579 - Limited immunity of petitioner.
Section 110.584 - Special rules of evidence and procedure.
Section 110.590 - Assistance with discovery.
Section 110.592 - Authority to issue support order.
Section 110.595 - Employer’s compliance with income withholding order of another state.
Section 110.601 - Contest by obligor.
Section 110.602 - Administrative enforcement of order.
Section 110.607 - Procedure to register order for enforcement.
Section 110.608 - Effect of registration for enforcement.
Section 110.611 - Choice of law.
Section 110.614 - Notice of registration of order.
Section 110.617 - Procedure to contest validity or enforcement of registered order.
Section 110.620 - Contest of registration or enforcement.
Section 110.632 - Modification of child support order of another state.
Section 110.635 - Enforcement and recognition of order modified by another state.
Section 110.639 - Jurisdiction to modify foreign child support order.
Section 110.645 - Definitions.
Section 110.650 - Proceedings available under Convention.
Section 110.653 - Direct request for recognition and enforcement of order.
Section 110.655 - Registration of Convention support order.
Section 110.657 - Contest of registered Convention support order.
Section 110.660 - Recognition and enforcement of registered Convention support order.
Section 110.665 - Recognition and enforcement of registered foreign support agreement.
Section 110.667 - Modification of Convention support order; requirements.