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Determination of the Controlling Order

Review the following process to determine who has the controlling order on an intergovernmental case.

  1. Preliminary identification:
    1. List all the orders now in effect for current support.
    2. Apply the rules in the law to identify which order is entitled to be the controlling order. (UIFSA section 207 and 43 O.S. 601‐207)
    3. Obtain a certified copy of each order and a payment record/affidavit of arrears for each.
    4. File the action you want in the appropriate tribunal, with the certified copies of the orders and records/affidavits.
  2. The tribunal makes a formal determination:
    1. The other party gets notice.
    2. The tribunal applies the rules in the law. (UIFSA section 207)
    3. The tribunal sets forth, in an order, the formal determination of which order is the controlling order.
  3. After the order determining the controlling order is issued:
    1. Send a certified copy of the order determining the controlling order and a “Notice of Determination” within 30 days after the order is issued to:
      1. Each state that has issued an order.
      2. Each state in which an order was registered (UIFSA section 207(f)).

You may want to review the CSQuest article Identifying the Controlling Order and Which State has CEJ.