Idaho State Statutes - Idaho Attorney Directory

(1) If a
proceeding is brought under this chapter and only one (1) tribunal has issued
a child support order, the order of that tribunal is controlling and must be
recognized.
(2) If a proceeding is brought under this chapter, and two (2) 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:
(a) If only one (1) of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the order of that tribunal is
controlling and must be recognized;
(b) If more than one (1) of the tribunals would have continuing,
exclusive jurisdiction under this chapter, an order issued by a tribunal
in the current home state of the child must be recognized, but if an order
has not been issued in the current home state of the child, the order more
recently issued is controlling and must be recognized;
(c) If none of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the tribunal of this state having
jurisdiction over the parties must issue a child support order, which is
controlling and must be recognized.
(3) If two (2) 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 recognized under subsection (2) of this section.
The request must be accompanied by a certified copy of every support order in
effect. Every party whose rights may be affected by a determination of the
controlling order must be given notice of the request for that determination.
(4) The tribunal that issued the order that must be recognized as
controlling under subsection (1), (2) or (3) of this section is the tribunal
that has continuing, exclusive jurisdiction in accordance with section 7-1008,
Idaho Code.
(5) A tribunal of this state which determines by order the identity of
the controlling child support order under subsections (2)(a) or (2)(b) of this
section or which issues a new controlling child support order under subsection
(2)(c) of this section shall include in that order the basis upon which the
tribunal made its determination.
(6) Within thirty (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 registered an
earlier order of child support. Failure of the party obtaining the order to
file a certified copy as required subjects that party to appropriate sanctions
by a tribunal in which the issue of failure to file arises, but that failure
has no effect on the validity or enforceability of the controlling order.

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