Maryland Code § FL-10-310

Section FL-10-310
Open in Lexace · Ask the AI about this section
(a) If a proceeding is brought under this subtitle 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 subtitle, 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 subtitle, the order of that tribunal controls;

(2) if more than one of the tribunals would have continuing, exclusive
jurisdiction under this subtitle:
(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; or
(3) if none of the tribunals would have continuing, exclusive
jurisdiction under this subtitle, 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, on 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) of this section. The request may be filed with a registration for
enforcement or registration for modification pursuant to Part VI of this subtitle, 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) of this section has continuing jurisdiction to the extent provided in § 10-308 or
§ 10-309 of this subtitle.
(f) A tribunal of this State that determines by order the controlling child
support order under subsection (b)(1) or (2) or (c) of this section or that issues a new
controlling child support order under subsection (b)(3) of this section, shall include 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 § 10-
312 of this subtitle.

(g) Within 30 days after issuance of the order determining 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. Failure of the party or
support enforcement agency obtaining the order to file a certified copy as required
subjects that party or support enforcement agency to appropriate sanctions by a
tribunal in which the issue of failure to file arises, but that failure has no effect on
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 subtitle.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.