(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 must be recognized.
(b) 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 child, a tribunal of this state having personal jurisdiction over both the obligor and the 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, 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 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 paragraph (b). The request may be filed with a registration for enforcement or registration for modification pursuant to sections 518C.601 to 518C.616, 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 paragraph (a), (b), or (c) has continuing jurisdiction to the extent provided in section 518C.205, or 518C.206.
(f) A tribunal of this state which determines by order which is the controlling order under paragraph (b), clause (1) or (2), or paragraph (c), or which issues a new controlling child support order under paragraph (b), clause (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 section 518C.209.
(g) Within 30 days after issuance of the order determining which is the controlling order, the party obtaining that order shall file a certified copy of it with 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 chapter.
1994 c 630 art 2 s 7; 1997 c 203 art 6 s 52; 2014 c 189 s 11,73; 2015 c 71 art 1 s 104,119
Structure Minnesota Statutes
Chapters 517 - 519A — Domestic Relations
Chapter 518C — Uniform Interstate Family Support Act
Section 518C.101 — Definitions.
Section 518C.102 — State Tribunal And Support Enforcement Agency.
Section 518C.103 — Remedies Cumulative.
Section 518C.201 — Bases For Jurisdiction Over Nonresident.
Section 518C.202 — Duration Of Personal Jurisdiction.
Section 518C.203 — Initiating And Responding Tribunal Of This State.
Section 518C.204 — Simultaneous Proceedings In Another State Or Foreign Country.
Section 518C.205 — Continuing, Exclusive Jurisdiction To Modify Child Support Order.
Section 518C.206 — Continuing Jurisdiction To Enforce Child Support Order.
Section 518C.207 — Determination Of Controlling Child Support Order.
Section 518C.208 — Child Support Orders For Two Or More Obligees.
Section 518C.209 — Credit For Payments.
Section 518C.210 — Application To Nonresident Subject To Personal Jurisdiction.
Section 518C.211 — Continuing, Exclusive Jurisdiction To Modify Spousal Support Order.
Section 518C.301 — Proceedings Under This Chapter.
Section 518C.302 — Action By Minor Parent.
Section 518C.303 — Application Of Law Of This State.
Section 518C.304 — Duties Of Initiating Tribunal.
Section 518C.305 — Duties And Powers Of Responding Tribunal.
Section 518C.306 — Inappropriate Tribunal.
Section 518C.307 — Duties Of Support Enforcement Agency.
Section 518C.308 — Duty Of Attorney General.
Section 518C.309 — Private Counsel.
Section 518C.310 — Duties Of State Information Agency.
Section 518C.311 — Pleadings And Accompanying Documents.
Section 518C.312 — Nondisclosure Of Information In Exceptional Circumstances.
Section 518C.313 — Costs And Fees.
Section 518C.314 — Limited Immunity Of Petitioner.
Section 518C.315 — Nonparentage As Defense.
Section 518C.316 — Special Rules Of Evidence And Procedure.
Section 518C.317 — Communications Between Tribunals.
Section 518C.318 — Assistance With Discovery.
Section 518C.319 — Receipt And Disbursement Of Payments.
Section 518C.401 — Establishment Of Support Order.
Section 518C.402 — Proceeding To Determine Parentage.
Section 518C.501 — Employer's Receipt Of Income-withholding Order Of Another State.
Section 518C.502 — Employer's Compliance With Income-withholding Order Of Another State.
Section 518C.503 — Employer's Compliance With Two Or More Income-withholding Orders.
Section 518C.504 — Immunity From Civil Liability.
Section 518C.505 — Penalties For Noncompliance.
Section 518C.506 — Contest By Obligor.
Section 518C.507 — Administrative Enforcement Of Orders.
Section 518C.601 — Registration Of Order For Enforcement.
Section 518C.602 — Procedure To Register Order For Enforcement.
Section 518C.603 — Effect Of Registration For Enforcement.
Section 518C.604 — Choice Of Law.
Section 518C.605 — Notice Of Registration Of Order.
Section 518C.606 — Procedure To Contest Validity Or Enforcement Of Registered Support Order.
Section 518C.607 — Contest Of Registration Or Enforcement.
Section 518C.608 — Confirmed Order.
Section 518C.609 — Procedure To Register Child Support Order Of Another State For Modification.
Section 518C.610 — Effect Of Registration For Modification.
Section 518C.611 — Modification Of Child Support Order Of Another State.
Section 518C.612 — Recognition Of Order Modified In Another State.
Section 518C.614 — Notice To Issuing Tribunal Of Modification.
Section 518C.615 — Jurisdiction To Modify Child Support Order Of Foreign Country.
Section 518C.616 — Procedure To Register Child Support Order Of Foreign Country For Modification.
Section 518C.701 — Definitions.
Section 518C.702 — Applicability.
Section 518C.703 — Relationship Of Department Of Human Services To United States Central Authority.
Section 518C.705 — Direct Request.
Section 518C.706 — Registration Of Convention Support Order.
Section 518C.707 — Contest Of Registered Convention Support Order.
Section 518C.708 — Recognition And Enforcement Of Registered Convention Support Order.
Section 518C.709 — Partial Enforcement.
Section 518C.710 — Foreign Support Agreement.
Section 518C.711 — Modification Of Convention Child Support Order.
Section 518C.712 — Personal Information; Limit On Use.
Section 518C.713 — Record In Original Language; English Translation.
Section 518C.801 — Grounds For Rendition.
Section 518C.802 — Conditions Of Rendition.
Section 518C.901 — Uniformity Of Application And Construction.