LD 986
pg. 31
Page 30 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 32 of 77
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LR 467
Item 1

 
to fully inform the tribunal of all existing child support
orders.

 
The 2001 addition of new Subsection (d) is to assure the
tribunal is furnished with all the information needed to make
a proper determination of the controlling order as well as the
information needed to make a calculation of the consolidated
arrears. The party or support enforcement agency requesting
the determination of controlling order and determination of
consolidated arrears is also required to notify all other
parties and entities who may have an interest in either of
those determinations. Those with such an interest most likely
are support agencies and the obligee.

 
Relettered Subsection (e) provides that the determination of
the controlling order under this section has the effect of
establishing the tribunal with continuing, exclusive
jurisdiction; only the order of that tribunal is entitled to
prospective enforcement by a sister State.

 
Relettered Subsection (f) directs the forum tribunal to
identify the details upon which it makes its determination of
the controlling order. In addition, the tribunal is also
directed to state specifically the amount of the prospective
support, and to reconcile and consolidate the arrears and
interest due on all of the multiple orders to the extent
possible.

 
The party obtaining the determination is directed by
relettered Subsection (g) to notify all interested tribunals
of the decision after the fact. Although tribunals need not be
given original notice of the proceeding, all tribunals that
have contributed an order to the determination must be
informed regarding which order was determined to be
controlling, and should also be informed of the consolidated
arrears and interest so that the extent of possible subsequent
enforcement will be known with regard to each of the orders.
The Act does not deal with the resolution of potential
conflicting claims regarding arrears; this is left to case-by-
case decisions or to federal regulation.

 
Section 207 presumes that the parties are accorded notice and
opportunity to be heard by the tribunal. It also presumes that
the tribunal will be fully informed about all existing orders
when it is requested to determine which one of the existing
multiple child support orders is to be accorded prospective
enforcement. If this does not occur and one or more existing
orders is not considered by the tribunal, the finality of its
decision is likely to turn on principles of estoppel on a
case-by-case basis. Finally, new Subsection (h), added in
2001, affirms the concept that when a fully informed tribunal
makes a determination of the controlling order for prospective


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