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Session Laws, 1997
Volume 795, Page 3362   View pdf image
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Ch. 609                                    1997 LAWS OF MARYLAND

(1) if] only one tribunal has issued a child support order, the order of that
tribunal CONTROLS AND must be SO recognized.

(B)     IF A PROCEEDING IS BROUGHT UNDER THIS SUBTITLE, AND TWO OR
MORE CHILD SUPPORT ORDERS HAVE BEEN ISSUED BY TRIBUNALS OF THIS STATE
OR ANOTHER STATE WITH REGARD TO THE SAME OBLIGOR AND CHILD, A
TRIBUNAL OF THIS STATE SHALL APPLY THE FOLLOWING RULES IN DETERMINING
WHICH ORDER TO RECOGNIZE FOR PURPOSES OF CONTINUING, EXCLUSIVE
JURISDICTION:

[(2)](1) if [two or more tribunals have issued child support orders for the
same obligor and child, and] only one of the tribunals would have continuing, exclusive
jurisdiction under this subtitle, the order of that tribunal CONTROLS AND must be SO
recognized.

[(3)] (2) if [two or more tribunals have issued child support orders for the
same obligor and child, and] more than one of the tribunals would have continuing,
exclusive jurisdiction under this subtitle, an order issued by a tribunal in the current home
state of the child CONTROLS AND must be SO recognized, but if an order has not been
issued in the current home state of the child, the order most recently issued CONTROLS
AND must be SO recognized.

[(4)] (3) if [two or more tribunals have issued child support orders for the
same obligor and child, and] none of the tribunals would have continuing, exclusive
jurisdiction under this subtitle, the tribunal of this State [ may] HAVING JURISDICTION
OVER THE PARTIES SHALL issue a child support order, which CONTROLS AND must be
SO recognized.

(C)     IF TWO OR MORE CHILD SUPPORT ORDERS HAVE BEEN ISSUED FOR THE
SAME OBLIGOR AND CHILD AND IF THE OBLIGOR OR THE INDIVIDUAL OBLIGEE
RESIDES IN THIS STATE, A PARTY MAY REQUEST A TRIBUNAL OF THIS STATE TO
DETERMINE WHICH ORDER CONTROLS AND MUST BE SO RECOGNIZED UNDER
SUBSECTION (B) OF THIS SECTION. THE REQUEST MUST BE ACCOMPANIED BY A
CERTIFIED COPY OF EVERY SUPPORT ORDER IN EFFECT. EACH PARTY WHOSE
RIGHTS MAY BE AFFECTED BY A DETERMINATION OF THE CONTROLLING ORDER
MUST BE GIVEN NOTICE OF THE REQUEST FOR THAT DETERMINATION IN
ACCORDANCE WITH THE MARYLAND RULES.

[(b)](D) The tribunal that [has] issued [an] THE CONTROLLING order
[recognized] under subsection (a), (B), OR (C) of this section is the tribunal [having]
THAT HAS continuing, exclusive jurisdiction UNDER § 10-308 OF THIS SUBTITLE.

(E)     A TRIBUNAL OF THIS STATE THAT DETERMINES BY ORDER THE IDENTITY
OF THE CONTROLLING CHILD SUPPORT ORDER UNDER SUBSECTION (B)(1) OR (2) OF
THIS SECTION OR THAT ISSUES A NEW CONTROLLING CHILD SUPPORT ORDER
UNDER SUBSECTION (B)(3) OF THIS SECTION SHALL INCLUDE IN THAT ORDER THE
BASIS UPON WHICH THE TRIBUNAL MADE ITS DETERMINATION.

(F)     WITHIN 30 DAYS AFTER ISSUANCE OF THE ORDER DETERMINING THE
IDENTITY OF THE CONTROLLING ORDER, THE PARTY OBTAINING THAT ORDER
SHALL FILE A CERTIFIED COPY OF IT WITH EACH TRIBUNAL THAT HAD ISSUED OR

- 3362 -

 

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Session Laws, 1997
Volume 795, Page 3362   View pdf image
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