Oklahoma Code § 43-601-207

Title 43. Marriage And Family: Determination of controlling order
Open in Lexace · Ask the AI about this section
A.  If a proceeding is brought pursuant to the Uniform
Interstate Family Support Act and only one tribunal has issued a
child support order, the order of that tribunal controls and must be
so recognized.

B.  If a proceeding is brought pursuant to the Uniform
Interstate Family Support Act, and two or more child support orders
have been issued by tribunals of this state or 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 pursuant to the Uniform Interstate Family
Support Act, the order of that tribunal control;
2.  If more than one of the tribunals would have continuing,
exclusive jurisdiction under this act:
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; and
3.  If none of the tribunals would have continuing, exclusive
jurisdiction pursuant to the Uniform Interstate Family Support Act,
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 subsection B of this section.  The request may be
filed with a registration for enforcement or registration for
modification pursuant to Article 6 of this title, 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 Section 601-205 or 601-206 of this title.
F.  A tribunal of this state that determines by order which is
the controlling order under paragraph 1 or 2 of subsection B or
subsection C of this section, or that issues a new controlling order
under paragraph 3 of subsection 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 601-209 of this title.
G.  Within thirty (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.
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 act.

‹ Prev All Oklahoma 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.