LD 986
pg. 29
Page 28 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 30 of 77
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LR 467
Item 1

 
Next to the introduction of the concept of continuing
exclusive jurisdiction in Section 205, supra, the most
dramatic founding principle of UIFSA was to establish a system
whereby the multiple orders created by URESA and RURESA could
be reconciled in the transition from a world with multiple
child-support orders to a one-order-at-a-time world. This
principle introduced by Section 207 was subsequently
incorporated into the requirements of 28 USC 1738B, Full Faith
and Credit for Child Support Orders, a.k.a. FFCCSOA.

 
Sections 207 and 209-210 are designed to span the gulf between
the one-order system created by UIFSA and the multiple-order
system previously in place under RURESA and URESA. UIFSA
necessarily must provide transitional procedures for the
eventual elimination of existing multiple support orders in an
expeditious and efficient manner. But, even though all U.S.
jurisdictions enacted UIFSA by 1998, many years will pass
before its one-order system will be completely in place.
Multiple orders covering the same parties and child number in
the hundreds of thousands; it can be reasonably anticipated
that some of these orders will continue in effect until nearly
2020. To begin the journey toward a one-order system, however,
this section provides a relatively simple procedure designed
to identify a single viable order that will be entitled to
prospective enforcement in every UIFSA State.

 
Subsection (a) declares that if only one child support order
exists, it is to be denominated the controlling order,
irrespective of when and where it was issued and whether any
of the individual parties or the child continue to reside in
the issuing State.

 
Subsection (b) establishes the priority scheme for recognition
and prospective enforcement of a single order among existing
multiple orders regarding the same obligor, obligee, and
child. The 2001 amendment to Subsection (b) clarifies that a
tribunal requested to sort out the multiple orders and
determine which one will be prospectively controlling of
future payments must have personal jurisdiction over the
litigants in order to ensure that its decision is binding on
all concerned. For UIFSA to function, one order must be
denominated as the controlling order, and its issuing tribunal
must be recognized as having continuing, exclusive
jurisdiction. In choosing among existing multiple orders, none
of which can be distinguished as being in conflict with the
principles of UIFSA, Subsection (b)(1) gives first priority to
an order issued by the only tribunal that is entitled to
continuing, exclusive jurisdiction under the terms of UIFSA,
i.e., an individual party or the child continues to reside in
that State and no other issuing State meets this
criterion. If two or more tribunals would have continuing,
exclusive jurisdiction under the Act, Subsection (b)(2) first
looks to the


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