A. If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and shall be so recognized.
B. If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of the Commonwealth or another state or foreign country with regard to the same obligor and same child, a tribunal of the Commonwealth 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 chapter, the order of that tribunal controls.
2. If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, (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 chapter, a tribunal of the Commonwealth 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 a support enforcement agency, a tribunal of the Commonwealth 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 Articles 8 (§ 20-88.66 et seq.) and 9 (§ 20-88.74 et seq.) or may be filed as a separate proceeding.
D. A request to determine which is the controlling order shall 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 § 20-88.39 or 20-88.40.
F. A tribunal of the Commonwealth that determines by order which is the controlling order under subdivision B 1 or B 2 or under subsection C or that issues a new controlling order under subdivision B 3 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 § 20-88.43.
G. Within 30 days after issuance of an order determining which is the controlling order, the party obtaining that order shall file a certified copy of it in each tribunal that had 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 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 shall be recognized in proceedings under this chapter.
1994, c. 673; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.
Structure Code of Virginia
Chapter 5.3 - Uniform Interstate Family Support Act
§ 20-88.32:1. Uniformity of application and construction
§ 20-88.33. Tribunals of the Commonwealth and support enforcement agency
§ 20-88.34. Remedies cumulative
§ 20-88.34:1. Application of chapter to resident of foreign country and foreign support proceeding
§ 20-88.35. Bases for jurisdiction over nonresident
§ 20-88.36. Duration of personal jurisdiction
§ 20-88.37. Initiating and responding tribunal of the Commonwealth
§ 20-88.38. Simultaneous proceedings in another state
§ 20-88.39. Continuing, exclusive jurisdiction to modify child support order
§ 20-88.40. Continuing jurisdiction to enforce child support order
§ 20-88.41. Determination of controlling child support order
§ 20-88.42. Child support orders for two or more obligees
§ 20-88.43. Credit for payments
§ 20-88.43:1. Application to nonresident subject to personal jurisdiction
§ 20-88.43:2. Continuing, exclusive jurisdiction to modify spousal support order
§ 20-88.44. Proceedings under this chapter
§ 20-88.45. Action by minor parent
§ 20-88.46. Application of law of the Commonwealth
§ 20-88.47. Duties of initiating tribunal
§ 20-88.48. Duties and powers of responding tribunal
§ 20-88.49. Inappropriate tribunal
§ 20-88.50. Duties of support enforcement agency
§ 20-88.51. Duty of Secretary of Health and Human Resources
§ 20-88.53. Duties of state information agency
§ 20-88.54. Pleadings and accompanying documents
§ 20-88.55. Nondisclosure of information in exceptional circumstances
§ 20-88.57. Limited immunity of petitioner
§ 20-88.58. Nonparentage as defense
§ 20-88.59. Special rules of evidence and procedure
§ 20-88.60. Communications between tribunals
§ 20-88.61. Assistance with discovery
§ 20-88.62. Receipt and disbursement of payments
§ 20-88.63. Establishment of support order
§ 20-88.63:1. Proceeding to determine parentage
§ 20-88.64. Employer's receipt of income-withholding order of another state
§ 20-88.64:1. Employer's compliance with income-withholding order of another state
§ 20-88.64:2. Compliance with two or more income-withholding orders
§ 20-88.64:3. Immunity from civil liability
§ 20-88.64:4. Penalties for noncompliance
§ 20-88.64:5. Contest by obligor
§ 20-88.65. Administrative enforcement of orders
§ 20-88.66. Registration of order for enforcement
§ 20-88.67. Procedure to register order for enforcement
§ 20-88.68. Effect of registration for enforcement
§ 20-88.69. Choice of law; statute of limitations
§ 20-88.70. Notice of registration of order; contest of validity or enforcement
§ 20-88.71. Procedure to contest validity or enforcement of registered support order
§ 20-88.72. Contest of registration or enforcement
§ 20-88.74. Procedure to register child support order of another state for modification
§ 20-88.75. Effect of registration for modification
§ 20-88.76. Modification of child support order of another state
§ 20-88.77. Recognition of order modified in another state
§ 20-88.77:2. Notice to issuing tribunal of modification
§ 20-88.77:3. Jurisdiction to modify child support order of foreign country
§ 20-88.77:4. Procedure to register child support order of foreign country for modification
§ 20-88.79. Grounds for rendition
§ 20-88.80. Conditions of rendition
§ 20-88.85. Relationship of Department of Social Services to United States central authority
§ 20-88.86. Initiation by Department of Social Services of support proceeding under convention
§ 20-88.88. Registration of Convention support order
§ 20-88.89. Contest of registered convention support order
§ 20-88.90. Recognition and enforcement of registered convention support order
§ 20-88.91. Partial enforcement
§ 20-88.92. Foreign support agreement
§ 20-88.93. Modification of Convention child support order
§ 20-88.94. Personal information; limit on use
§ 20-88.95. Record in original language; English translation