Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Notice Of Determination Of Controlling Order (UIFSA) Form. This is a Alabama form and can be use in Child Support Statewide.
Loading PDF...
Tags: Notice Of Determination Of Controlling Order (UIFSA), Alabama Statewide, Child Support
NOTICE OF DETERMINATION OF CONTROLLING ORDER
[ ] TANF
Date
IV-D Case:
[ ] IV-E Foster Care
[ ] Medicaid Only
Obligor (First, Mid, Last) , SSN
[ ] Former Assistance
[ ] Never A ssistance
Obligee (First, Mid, Last) , SSN
Non-IV-D Case: [ ]
File Stamp
To: (Agency Name and Address )
FIPS Code ________________________ State __________________________
IV-D Case No. ______________________________________________________
Tribunal No. _________________________________________________________
From: (Contact Person, Agency, Address, Phone, Fax, E-mail)
FIPS Code _________________________ State _________________________
IV-D Case No. ______________________________________________________
Tribunal No. _________________________________________________________
1 . On
(Date),
(Tribunal Name; County, State)
determined which order to recognize for prospective enforcement. The following orders were considered:
#
County
State
Date of Order
IV-D Case Number
Docket Number
Order Type
1
2
3
4
5
[ ] Additional orders listed on attached sheet.
2. [ ] The tribunal determined that order number ________ listed above is the controlling order for prospective support.
3. [ ] The tribunal determined that none of the existing orders is the controlling order for prospective support.
A new controlling order was entered; a certified copy is attached.
4. $_______________ per ____________________________ (frequency) is the current charging amount.
5. [ ] A reconciliation of arrears was completed:
[ ] Yes
[ ] No
6. The tribunal calculated arrears to be $________________ as of _________________________ (Date).
A certified copy of the arrears reconciliation order is attached.
7. A copy of this notice (and certified copies of the controlling order determination and any arrears reconciliation order)
was also sent to:
_______________________________________________________________________________________________
Entity Name; State
_______________________________________________________________________________________________
Entity Name; State
[ ] Obligor
[ ] Obligee
[ ] Additional Entities Listed on Attached Sheet
Notice of Determination of Controlling Order
OMB No 0970 -0085 Expiration Date: 01/31/2008
.
Page 1 of 1
American LegalNet, Inc.
www.USCourtForms.com
INSTRUCTIONS FOR NOTICE OF DETERMINATION OF CONTROLLING ORDER
PURPOSE OF THE FORM: 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 Statespecific format (e.g., order or form) which may be attached to the standard Notice of Determination of
Controlling Order.
Complete this notice when your State’s tribunal makes a determination of controlling 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 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. An issuing
tribunal retains CEJ if the issuing State remains the residence of the obligor, individual 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 Home State has priority.
"Child Home State" is the State where the child has lived for the prior consecutive 6 months before filing
the UIFSA action, or, if the child is under 6 months of age, since birth.
3. If more than one tribunal would have CEJ but there is no order in the child's home State, the
most recently issued order has priority.
4. If no tribunal would have CEJ, the responding State must issue a new support order and it becomes the
controlling order.
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
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 the notice was issued.
Identify the obligor and obligee name and Social Security number in the appropriate spaces.
Notice of Determination of Controlling Order
Page 1 of 3
American LegalNet, Inc.
www.USCourtForms.com
Check the appropriate space to identify the type of case: TANF; IV-E Foster Care, Medicaid only;
former assistance, never assistance, or Non-IV-D. TANF means the obligee's family receives IV-A cash
payments. A Medicaid only case is a case where the obligee's family receives Medicaid but does not
receive TANF (IV-A cash payments).
In the space marked "To:", list the name and address (street, city, State, and zip code) of the central
registry, court, or agency where you are sending the Notice of Determination of Controlling Order.
In the appropriate spaces, if applicable and if known, enter the FIPS code, State, IV-D case number, and
tribunal number of the jurisdiction to which you are sending the Notice. Under “IV-D case number, enter
the unique identifier the State uses for interjurisdictional communication, EFT/EDI, and for
communication with the Federal Parent Locator Service. Under "tribunal number", you may enter the
docket number, cause number, or any other appropriate reference number that the receiving State may
use to identify the case, if known.
In the space marked "From:", list a contact person, agency name, address (street, city, State, zip code),
phone number (including extension), fax number, and e-mail address.
In the appropriate spaces, enter your jurisdiction's FIPS code, State, IV-D case number, and tribunal
number. Under “IV-D case number”, enter the unique identifier the State uses for interjurisdictional
communication, EFT/EDI, and for communication with the Federal Parent Locator Service. Under
"tribunal number", you may enter the docket number, cause number, or any other appropriate reference
number which the tribunal or agency has assigned to the case.
MAIN BODY OF FORM:
In the first blank in item 1, enter the date that the determination of controlling order was made. In the
second blank, enter the Name, County, and State of the tribunal which made the determination.
For each order considered in the controlling order determination, list in the table in item 1 the County,
State, Date of Order, IV-D Case Number, Tribunal Number (enter docket number, cause number, or
other appropriate reference number), and Order Type (e.g., de novo support, modification, dissolution,
contempt, paternity, etc.). Include any order issued or modified by this tribunal in the present action. If
more than five orders were considered, list and number additional orders on an attached sheet and
check the space below the table which says "Additional orders listed on attached sheet". Under “IV-D
case number”, enter the number/identifier identical to the one submitted on the Federal Case Registry,
which is a left-justified 15-character alphanumeric field, allowing all characters except asterisk and
backslash, and with all characters in uppercase.
In the blank in item 2, enter the number from the table (first column) of the order that was determined to
be controlling for prospective support.
Check the box in item 3 if the tribunal issued a new controlling order upon determining that none of the
existing orders is controlling for current support. Attach a certified copy of the new controlling order.
In the blanks in item 4, enter the amount and frequency (e.g., week, month) of the current charging amount.
In item 5 check yes or no to indicate whether an arrears reconciliation was completed at the time of the
determination of controlling order.
If the tribunal reconciled arrears, in the blanks in item 6, enter the amount of arrears the tribunal
calculated and the date as of which the amount is correct. Attach a certified copy of the arrears
reconciliation order.
Notice of Determination of Controlling Order
Page 2 of 3
American LegalNet, Inc.
www.USCourtForms.com
In item 7, list the Entity Names and States to which you will be sending this notice. If you will be sending
the notice to all the tribunals listed in the table under number 1, you may write "All tribunals issuing
orders listed in table above". List additional entities on an attached sheet if necessary, and check the
box indicating that there is an attached list. If you are sending a copy of the Notice to the obligor and/or
obligee, check the appropriate box(es) labelled "Obligor"/"Obligee". NOTE that each notice you send
must be accompanied by certified copies of the controlling order determination and any arrears
reconciliation order.
******************************************
The Paperwork Reduction Act of 1995
This information collection is conducted in accordance with 42 U.S.C. 651 et seq. and 45 CFR 303.7 of the
child support enforcement program. Standard forms are designed to provide uniformity and standardization
for interstate case processing. Public reporting burden for this collection of information is estimated to
average under half an hour per response. The responses to this collection are mandatory in accordance
with the above statute and regulation. This information is subject to State and Federal confidentiality
requirements; however, the information will be filed with the tribunal and/or agency in the responding State
and may, depending on State law, be disclosed to other parties. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information unless it displays a currently valid
OMB control number.
Notice of Determination of Controlling Order
Page 3 of 3
American LegalNet, Inc.
www.USCourtForms.com