Section 117303 - [Operative until 7/1/2024] Reconciling Multiple Orders/Determination of Controlling Order(a) A local child support agency shall identify and obtain copies of all child support orders in each case.(b) If there are multiple orders, all orders issued by a tribunal having subject matter jurisdiction to hear and issue the order, and personal jurisdiction over the parties, shall be enforceable until a determination of the controlling order is made. Any payments collected under one support order for a particular period shall be credited against amounts accruing for the same period under a support order issued by another state. Once the tribunal having personal jurisdiction over the parties determines the controlling order, arrearages on all other orders shall stop accruing, and only the controlling order may be enforced prospectively.(c) In developing a recommendation for the tribunal, a local child support agency shall use the following rules for determining the controlling order: (1) If there is only one order, that is the controlling order.(2) If two or more tribunals have issued child support orders but only one of the tribunals has continuing, exclusive jurisdiction, the order of that tribunal controls and shall be so recognized.(3) If two or more tribunals have issued child support orders and more than one of the tribunals has continuing, exclusive jurisdiction, an order issued by a tribunal in the current home state of the child controls and shall be so recognized.(4) If two or more tribunals have issued child support orders and more than one has continuing, exclusive jurisdiction, but none of the orders has been issued in the current home state of the child, the order most recently issued in a state having continuing, exclusive jurisdiction controls and shall be so recognized.(5) If none of the tribunals has continuing, exclusive jurisdiction, a tribunal of this state may issue the controlling child support order if the tribunal has jurisdiction over the parties.(d) If a local child support agency discovers a new order after the determination of controlling order has been made, a local child support agency shall review the case to determine if the newly discovered order affects the controlling order determination or the arrears determination. (1) If the newly discovered order affects the controlling order determination or the arrears determination, and California has personal jurisdiction over the parties, a local child support agency shall petition the tribunal for a new determination of controlling order, based upon the newly discovered order.(2) If California does not have personal jurisdiction over the parties, a local child support agency shall petition the tribunal with personal jurisdiction over the parties to make a new determination of controlling order, based upon the newly discovered order.(e) Within 30 days of issuance of an order determining the controlling order, a local child support agency shall send a certified copy of the order to each tribunal that issued or registered an earlier order of child support.Cal. Code Regs. Tit. 22, § 117303
1. New section filed 9-24-2001 as an emergency; operative 9-24-2001 (Register 2001, No. 39). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 3-25-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-19-2002 as an emergency; operative 3-26-2002 (Register 2002, No. 12). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 9-23-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-19-2002 order, including amendment of subsections (b), (c)(4) and (d)(1), transmitted to OAL 9-13-2002 and filed 10-28-2002 (Register 2002, No. 44). Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Section 4911, Family Code; and 28 United States Code, Section 1738B.
1. New section filed 9-24-2001 as an emergency; operative 9-24-2001 (Register 2001, No. 39). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 3-25-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-19-2002 as an emergency; operative 3-26-2002 (Register 2002, No. 12). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 9-23-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-19-2002 order, including amendment of subsections (b), (c)(4) and (d)(1), transmitted to OAL 9-13-2002 and filed 10-28-2002 (Register 2002, No. 44).