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750 ILCS 22/207
(750 ILCS 22/207)
Sec. 207. Determination of controlling child-support order.
(a) If a proceeding is brought under this Act and only one tribunal has
issued a child-support order, the order of that tribunal controls and must be
recognized.
(b) If a proceeding is brought under this Act, and two or more child-support
orders have been issued by tribunals of this State, 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 individual obligee shall apply the
following rules and by order shall determine which order controls and must be recognized:
(1) If only one of the tribunals would have | | continuing, exclusive jurisdiction under this Act, the order of that tribunal controls.
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(2) If more than one of the tribunals would have
| | continuing, exclusive jurisdiction under this Act:
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(A) an order issued by a tribunal in the current
| | home state of the child controls; or
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(B) if an order has not been issued in the
| | current home state of the child, the order most recently issued controls.
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(3) If none of the tribunals would have continuing,
| | exclusive jurisdiction under this Act, the tribunal of this State shall issue a child-support order, which controls.
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(c) If two or more child-support orders have been issued for the same
obligor and same child, upon request of a party who is an individual or that is a
support enforcement agency, a tribunal of this State having personal
jurisdiction over both the obligor and the obligee who is an individual shall
determine which order controls under subsection (b).
The request may be filed with a registration for enforcement or registration
for modification pursuant to Article 6, or may be filed as a separate
proceeding.
(d) 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.
(e) The tribunal that issued the controlling order under subsection (a),
(b), or (c) has continuing jurisdiction to the extent provided in Section 205
or 206.
(f) A tribunal of this State that determines by order which is
the controlling order under subsection (b)(1) or (2) or (c), or that issues a
new controlling order under subsection (b)(3), shall state in that order:
(1) the basis upon which the tribunal made its
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(2) the amount of prospective support, if any; and
(3) 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 Section 209.
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(g) Within 30 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.
(h) 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 Act.
(Source: P.A. 99-119, eff. 1-1-16.)
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