(1) 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. (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 shall 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, an order issued by a tribunal in the current home state of the child controls, or 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) (a) 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 child support services 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). (b) The request under Subsection (3)(a) may be filed with a registration for enforcement or registration for modification pursuant to Part 6, Registration, Enforcement, and Modification of Support Order, or may be filed as a separate proceeding. (4) (a) 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. (b) 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) has continuing jurisdiction to the extent provided in Section 81-8-205 or 81-8-206. (6) A tribunal of this state that determines by order which is the controlling order under Subsection (2)(a), (b), or (3) that issues a new controlling order under Subsection (2)(c), shall state in that order: (a) the basis upon which the tribunal made the tribunal's 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 Section 81-8-209. (7) (a) 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 the order in each tribunal that issued or registered an earlier order of child support. (b) A party or child support services 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. (c) 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 in accordance with this section shall be recognized in proceedings under this chapter. Renumbered and Amended by Chapter 426, 2025 General Session
‹ Prev All Utah 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.