Guam § 35207 - Determination of Controlling Child-Support Order.

§ 35207. Determination of Controlling Child-Support Order.

(a) If a proceeding is brought under this Act and only one (1)

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 Act, and two (2) 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 (1) of the tribunals would have continuing,

exclusive jurisdiction under this Act, the order of that tribunal

controls.

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(2) If more than one (1) 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.

(3) If none of the tribunals would have continuing, exclusive

jurisdiction under this Act, the tribunal of this state shall issue a

child-support order, which controls.

(c) If two (2) 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).

The request may be filed with a registration for enforcement or

registration for modification pursuant to Article 6, 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) has continuing jurisdiction to the extent provided in §

35205 or § 35206.

(f) A tribunal of this state that determines by order which is the

controlling order under Subsection (b)(1),(b)(2) or (c), or that issues a

new controlling order under Subsection (b)(3), 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 § 35209.

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(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.