Notice Of Determination Of Controlling Order {UIFSA-8} | Pdf Fpdf Doc Docx | New York

Notice Of Determination Of Controlling Order {UIFSA-8}

Notice Of Determination Of Controlling Order {UIFSA-8} | Pdf Fpdf Doc Docx | New York

Notice Of Determination Of Controlling Order Form

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This is a New York form that can be used for Uniform Interstate Family Support Act within Statewide, Family Court.

Last updated: 11/8/2010
NOTICE OF DETERMINATION OF CONTROLLING ORDER Date [ ] IV-D Non Public Assistance [ ] IV-D Non PA Medicaid Obligor (First, Mid, Last) [ ] Full Services [ ] Medical Services Only Obligee (First, Mid, Last) [ ] IV-D Public Assistance [ ] IV-E Foster Care (IV-D Case) [ ] Non-IV-D To: (Agency Name and Address) File Stamp FIPS Code ________________________ State __________________________ IV-D Case No. ______________________________________________________ Docket No. _________________________________________________________ From: (Contact Person, Agency, Address, Phone, Fax, Internet) FIPS Code _________________________ State _________________________ IV-D Case No. ______________________________________________________ Docket No. _________________________________________________________ (Date), (Tribunal Name; County, State) determined 1. On which order to recognize for prospective enforcement. The following orders were considered: # 1 2 3 4 5 County State Date of Order IV-D Case Number Docket Number Order Type [] Additional orders listed on attached sheet. 2. The tribunal determined that order number ________ listed above in the table is the controlling order for prospective enforcement. 3. [] [] A copy of a modified order is attached. The tribunal determined that none of the existing orders is the controlling order. Therefore, a new order was entered; a copy is attached. (Frequency) 4. $_______________ per ____________________________ is the current charging amount. (Date). 5. The tribunal calculated arrears to be $________________ as of ______________________________ [] Attached is a copy of the worksheet(s) showing the arrears calculation. 6. A copy of this notice (and any new or modified order) was also sent to: _______________________________________________________________________________________________ Entity Name; State _______________________________________________________________________________________________ [ ] Obligor [ ] Obligee [ ] Additional Entities Listed on Attached Sheet OMB No. 0970 - 0085 Page 1 of 1 2001 © American LegalNet, Inc. Entity Name; State Notice of Determination of Controlling Order OMB No. 0970 - 0085 INSTRUCTIONS FOR NOTICE OF DETERMINATION OF CONTROLLING ORDER PURPOSE OF THE FORM: When a tribunal makes a determination regarding which order is controlling for purposes of continuing, exclusive jurisdiction, this form is used to notify the parties and other tribunals/agencies of this determination. Under the Uniform Interstate Family Support Act (UIFSA), only the controlling order should be recognized for prospective enforcement (i.e., enforcement of current support). This form is designed to notify other tribunals/agencies when a tribunal makes a determination of which order is controlling, or when the tribunal issues a new child support order or modifies a child support order. When a new order is issued or an order is modified in accordance with UIFSA, the new order (or newly modified order) becomes the controlling order. This notice provides a standard format for alerting entities in other jurisdictions about a controlling order determination. The actual determination will likely be in a State-specific format (e.g. order or form) which may be attached to the standard Notice of Determination of Controlling Order if necessary. The Notice of Determination of Controlling Order provides the information about the controlling order in a uniform, standard format that will facilitate interstate processing. Complete this notice when your tribunal makes a determination of which order is controlling, or when your tribunal issues a new child support order or modifies a child support order. Generally, this form only needs to be used when there are multiple orders governing the same obligor/obligee/child(ren). If multiple orders governing the same obligor, obligee, and child(ren) exist, a UIFSA State can only prospectively enforce or modify the "controlling order" in a UIFSA proceeding. UIFSA contains rules for determining which order is recognized when multiple orders exist. Under these rules: 1. The order issued by a tribunal with continuing, exclusive jurisdiction (CEJ) has priority. As issuing tribunal retains CEJ as long as the issuing State remains the residence of the obligor, obligee, or child, or until all parties file written consent with the tribunal allowing another State to modify the order. 2. If more than one issuing tribunal would have CEJ, the order issued by the child's current home State has priority. 3. If more than one tribunal would have CEJ but there is no order in the child's current home State, the most recently issued order has priority. 4. If no tribunal would have CEJ, the responding State may issue a new support order and it becomes the CEJ State. While only the controlling order should be recognized for prospective enforcement, arrears that accrued under other orders may still be enforced. You must use the Notice of Determination of Controlling Order to notify: # the initiating IV-D agency if you are acting as a responding jurisdiction in an interstate action, # any tribunal that has issued, registered, or is enforcing a child support order governing the same parties and child(ren), # any IV-D agency with an open or closed IV-D case for the parties, # a party to the order (i.e., the obligor or obligee), as appropriate, or Instructions for Notice of Determination of Controlling Order Page 1 2001 © American LegalNet, Inc. # a central registry in another State. It may be particularly important to notify a central entity if it keeps a registry of all orders in that State. A central registry may also be willing to notify tribunals or agencies within that State. HEADING/CAPTION: # Enter the date of the notice. # Identify the obligor and obligee in the appropriate spaces. # Check the appropriate space to identify the type of case: IV-D Non Public Assistance; IV-D Non Public Assistance Medicaid (indicate whether receiving Full Services or Medical Services Only); IV-D Public Assistance; IV-E Foster Care; or Non IV-D. IV-D means the case is being worked by the State or local child support enforcement agency (i.e., IV-D agency). Public Assistance means the obligee's family receives IV-A cash payments [IV-A was formerly called Aid to Families with Dependent Children (AFDC) and is now called Temporary Family Assistance]. A IV-D Non Public Assistance Medicaid case is a case where the obligee's family receives Medicaid but does not receive P