Nevada § 130.207 - Recognition of controlling child-support order; determination of which order controls; request for determination; issuance of new controlling order

§ 130.207. Recognition of controlling child-support order; determination of which order controls; request for determination; issuance of new controlling order

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 must 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 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 obligee who is a natural person shall apply

the following rules and by order shall determine which child-support order controls

and must be recognized: (a) If only one of the tribunals would have continuing and exclusive jurisdiction

under this chapter, the order of that tribunal controls. (b) If more than one of the tribunals would have continuing and 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 and exclusive jurisdiction under

this chapter, the tribunal of this State shall issue a child-support order which controls. 3. If two or more child-support orders have been issued for the same obligor and same

child, upon request of a party who is a natural person or that is a support-enforcement

agency, a tribunal of this State having personal jurisdiction over both the obligor

and the obligee who is a natural person shall determine which order controls under

subsection 2. The request may be filed with a registration for enforcement or registration for

modification pursuant to NRS 130.601 to 130.713 , inclusive, or may be filed as a separate proceeding. 4. 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. 5. The tribunal that issued the controlling order under subsection 1, 2 or 3 has continuing

jurisdiction to the extent provided in NRS 130.205 or 130.206 . 6. A tribunal of this State that determines by order which is the controlling order

under paragraph (a) or (b) of subsection 2 or subsection 3 or that issues a new controlling

order under paragraph (c) of subsection 2 shall state in that order: (a) The basis upon which the tribunal made its 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 NRS 130.209 . 7. Within 90 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. 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 pursuant to this section

must be recognized in proceedings under this chapter.