{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-88.41.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-88.41.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-88.41.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-88.41.html"}],"law_id":57851,"edition_id":1,"section_id":57851,"structure_id":15191,"section_number":"20-88.41","catch_line":"Determination of controlling child support order","history":"1994, c. 673; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.","full_text":"A\n\nIf a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and shall be so recognized.B\n\nIf a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of the Commonwealth or another state or foreign country with regard to the same obligor and same child, a tribunal of the Commonwealth 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\n\nIf only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls.2\n\nIf more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, (i) an order issued by a tribunal in the current home state of the child controls, or (ii) if an order has not been issued in the current home state of the child, the order most recently issued controls.3\n\nIf none of the tribunals would have continuing, exclusive jurisdiction under this chapter, a tribunal of the Commonwealth shall issue a child support order, which controls.C\n\nIf 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 a support enforcement agency, a tribunal of the Commonwealth 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 Articles 8 (§ 20-88.66 et seq.) and 9 (§ 20-88.74 et seq.) or may be filed as a separate proceeding.D\n\nA request to determine which is the controlling order shall 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\n\nThe tribunal that issued the controlling order under subsection A, B or C has continuing jurisdiction to the extent provided in § 20-88.39 or 20-88.40.F\n\nA tribunal of the Commonwealth that determines by order which is the controlling order under subdivision B 1 or B 2 or under subsection C or that issues a new controlling order under subdivision B 3 shall state in that order:1\n\nThe basis upon which the tribunal made its determination;2\n\nThe amount of prospective support, if any; and3\n\nThe total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by § 20-88.43.G\n\nWithin 30 days after issuance of an order determining which is the controlling order, the party obtaining that order shall file a certified copy of it in each tribunal that had 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 arises. The failure to file does not affect the validity or enforceability of the controlling order.H\n\nAn 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 shall be recognized in proceedings under this chapter.","order_by":null,"text":{"0":{"id":211807,"text":"If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and shall be so recognized.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211808,"text":"If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of the Commonwealth or another state or foreign country with regard to the same obligor and same child, a tribunal of the Commonwealth 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:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":211809,"text":"If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":211810,"text":"If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, (i) an order issued by a tribunal in the current home state of the child controls, or (ii) if an order has not been issued in the current home state of the child, the order most recently issued controls.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":211811,"text":"If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, a tribunal of the Commonwealth shall issue a child support order, which controls.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":211812,"text":"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 a support enforcement agency, a tribunal of the Commonwealth 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 Articles 8 (§ 20-88.66 et seq.) and 9 (§ 20-88.74 et seq.) or may be filed as a separate proceeding.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":211813,"text":"A request to determine which is the controlling order shall 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":211814,"text":"The tribunal that issued the controlling order under subsection A, B or C has continuing jurisdiction to the extent provided in § 20-88.39 or 20-88.40.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":211815,"text":"A tribunal of the Commonwealth that determines by order which is the controlling order under subdivision B 1 or B 2 or under subsection C or that issues a new controlling order under subdivision B 3 shall state in that order:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"9":{"id":211816,"text":"The basis upon which the tribunal made its determination;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"10":{"id":211817,"text":"The amount of prospective support, if any; and","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"11":{"id":211818,"text":"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 § 20-88.43.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"G"},"12":{"id":211819,"text":"Within 30 days after issuance of an order determining which is the controlling order, the party obtaining that order shall file a certified copy of it in each tribunal that had 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 arises. The failure to file does not affect the validity or enforceability of the controlling order.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F3","next_prefix":"H"},"13":{"id":211820,"text":"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 shall be recognized in proceedings under this chapter.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":15191,"edition_id":1,"name":"Reconciliation of Two or More Orders","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":14136,"metadata":{},"date_created":"2026-06-26 03:52:51","date_modified":"2026-06-26 03:52:51","permalink":{"id":178723,"object_type":"structure","relational_id":15191,"identifier":"4","token":"20\/5.3\/4","url":"\/20\/5.3\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14136,"edition_id":1,"name":"Uniform Interstate Family Support Act","identifier":"5.3","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:46:59","date_modified":"2026-06-26 03:46:59","permalink":{"id":178595,"object_type":"structure","relational_id":14136,"identifier":"5.3","token":"20\/5.3","url":"\/20\/5.3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57851,"structure_id":15191,"section_number":"20-88.41","catch_line":"Determination of controlling child support order","url":"\/20-88.41\/","token":"20\/5.3\/4\/20-88.41","metadata":false},{"id":62140,"structure_id":15191,"section_number":"20-88.42","catch_line":"Child support orders for two or more obligees","url":"\/20-88.42\/","token":"20\/5.3\/4\/20-88.42","metadata":false},{"id":70225,"structure_id":15191,"section_number":"20-88.43","catch_line":"Credit for payments","url":"\/20-88.43\/","token":"20\/5.3\/4\/20-88.43","metadata":false},{"id":70653,"structure_id":15191,"section_number":"20-88.43:1","catch_line":"Application to nonresident subject to personal jurisdiction","url":"\/20-88.43_1\/","token":"20\/5.3\/4\/20-88.43_1","metadata":false},{"id":75050,"structure_id":15191,"section_number":"20-88.43:2","catch_line":"Continuing, exclusive jurisdiction to modify spousal support order","url":"\/20-88.43_2\/","token":"20\/5.3\/4\/20-88.43_2","metadata":false}],"next_section":{"id":62140,"structure_id":15191,"section_number":"20-88.42","catch_line":"Child support orders for two or more obligees","url":"\/20-88.42\/","token":"20\/5.3\/4\/20-88.42","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-88.41\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 673<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapters 797<\/a> and 897<\/a>; in 2005, chapter 754<\/a>; in 2015, chapter 727<\/a>.<\/p>","references":[{"id":61026,"section_number":"20-88.76","catch_line":"Modification of child support order of another state","order_by":null,"url":"\/20-88.76\/"}],"refers_to":[{"id":68593,"section_number":"20-88.39","catch_line":"Continuing, exclusive jurisdiction to modify child support order","order_by":null,"url":"\/20-88.39\/"},{"id":61479,"section_number":"20-88.66","catch_line":"Registration of order for enforcement","order_by":null,"url":"\/20-88.66\/"},{"id":57250,"section_number":"20-88.74","catch_line":"Procedure to register child support order of another state for modification","order_by":null,"url":"\/20-88.74\/"}],"permalink":{"id":178725,"object_type":"law","relational_id":57851,"identifier":"20-88.41","token":"20\/5.3\/4\/20-88.41","url":"\/20-88.41\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-88.41\/","token":"20\/5.3\/4\/20-88.41","dublin_core":{"Title":"Determination of controlling child support order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-88.41","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a proceeding is brought under this chapter and only one tribunal<\/span> has issued a child support order<\/span>, the order of that tribunal<\/span> controls and shall be so recognized. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a proceeding is brought under this chapter, and two or more child support orders<\/span> have been issued by tribunals<\/span> of the Commonwealth or another state<\/span> or foreign country<\/span> with regard to the same obligor<\/span> and same child, a tribunal<\/span> of the Commonwealth having personal jurisdiction<\/span> over both the obligor<\/span> and individual obligee<\/span> shall apply the following rules and by order shall determine which order controls and must be recognized: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If only one of the tribunals<\/span> would have continuing, exclusive jurisdiction<\/span> under this chapter, the order of that tribunal<\/span> controls. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If more than one of the tribunals<\/span> would have continuing, exclusive jurisdiction<\/span> under this chapter, (i) an order issued by a tribunal<\/span> in the current home state<\/span> of the child controls, or (ii) if an order has not been issued in the current home state<\/span> of the child, the order most recently issued controls. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If none of the tribunals<\/span> would have continuing, exclusive jurisdiction<\/span> under this chapter, a tribunal<\/span> of the Commonwealth shall issue<\/span> a child support order<\/span>, which controls. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If two or more child support orders<\/span> have been issued for the same obligor<\/span> and same child, upon request of a party<\/span> who is an individual or a support enforcement agency<\/span>, a tribunal<\/span> of the Commonwealth having personal jurisdiction<\/span> over both the obligor<\/span> and the obligee<\/span> 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 Articles 8 (§ 20-88.66<\/a> et seq.) and 9 (§ 20-88.74<\/a> et seq.) or may be filed as a separate proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A request to determine which is the controlling order shall be accompanied by a copy of every child support order<\/span> in effect and the applicable record<\/span> of payments. The requesting party<\/span> shall give notice of the request to each party<\/span> whose rights may be affected by the determination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The tribunal<\/span> that issued the controlling order under subsection A, B or C has continuing jurisdiction<\/span> to the extent provided in § 20-88.39<\/a> or 20-88.40<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A tribunal<\/span> of the Commonwealth that determines by order which is the controlling order under subdivision B 1 or B 2 or under subsection C or that issues<\/span> a new controlling order under subdivision B 3 shall state in that order: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The basis upon which the tribunal<\/span> made its determination; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The amount of prospective support, if any; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The total amount of consolidated arrears<\/span> and accrued interest, if any, under all of the orders after all payments made are credited as provided by § 20-88.43<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Within 30 days after issuance of an order determining which is the controlling order, the party<\/span> obtaining that order shall file a certified copy of it in each tribunal<\/span> that had issued or registered an earlier order of child support. A party<\/span> or support enforcement agency<\/span> obtaining the order that fails to file a certified copy is subject to appropriate sanctions<\/span> by a tribunal<\/span> in which the issue<\/span> of failure arises. The failure to file does not affect the validity or enforceability of the controlling order. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> An order that has been determined to be the controlling order, or a judgment<\/span> for consolidated arrears<\/span> of support and interest, if any, made pursuant to this section shall be recognized in proceedings under this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATION OF CONTROLLING CHILD SUPPORT ORDER (\u00a7 20-88.41)\n\nA. If a proceeding is brought under this chapter and only one tribunal has\nissued a child support order, the order of that tribunal controls and shall be\nso recognized.\n\nB. If a proceeding is brought under this chapter, and two or more child support\norders have been issued by tribunals of the Commonwealth or another state or\nforeign country with regard to the same obligor and same child, a tribunal of\nthe Commonwealth having personal jurisdiction over both the obligor and\nindividual obligee shall apply the following rules and by order shall determine\nwhich order controls and must be recognized:\n\n 1. If only one of the tribunals would have continuing, exclusive jurisdiction\n under this chapter, the order of that tribunal controls.\n\n 2. If more than one of the tribunals would have continuing, exclusive\n jurisdiction under this chapter, (i) an order issued by a tribunal in the\n current home state of the child controls, or (ii) if an order has not been\n issued in the current home state of the child, the order most recently issued\n controls.\n\n 3. If none of the tribunals would have continuing, exclusive jurisdiction\n under this chapter, a tribunal of the Commonwealth shall issue a child support\n order, which controls.\n\nC. If two or more child support orders have been issued for the same obligor and\nsame child, upon request of a party who is an individual or a support\nenforcement agency, a tribunal of the Commonwealth having personal jurisdiction\nover both the obligor and the obligee who is an individual shall determine which\norder controls under subsection B. The request may be filed with a registration\nfor enforcement or registration for modification pursuant to Articles 8 (§\n20-88.66 et seq.) and 9 (§ 20-88.74 et seq.) or may be filed as a separate\nproceeding.\n\nD. A request to determine which is the controlling order shall be accompanied by\na copy of every child support order in effect and the applicable record of\npayments. The requesting party shall give notice of the request to each party\nwhose rights may be affected by the determination.\n\nE. The tribunal that issued the controlling order under subsection A, B or C has\ncontinuing jurisdiction to the extent provided in § 20-88.39 or 20-88.40.\n\nF. A tribunal of the Commonwealth that determines by order which is the\ncontrolling order under subdivision B 1 or B 2 or under subsection C or that\nissues a new controlling order under subdivision B 3 shall state in that order:\n\n 1. The basis upon which the tribunal made its determination;\n\n 2. The amount of prospective support, if any; and\n\n 3. The total amount of consolidated arrears and accrued interest, if any,\n under all of the orders after all payments made are credited as provided by\n § 20-88.43.\n\nG. Within 30 days after issuance of an order determining which is the\ncontrolling order, the party obtaining that order shall file a certified copy of\nit in each tribunal that had issued or registered an earlier order of child\nsupport. A party or support enforcement agency obtaining the order that fails to\nfile a certified copy is subject to appropriate sanctions by a tribunal in which\nthe issue of failure arises. The failure to file does not affect the validity or\nenforceability of the controlling order.\n\nH. An order that has been determined to be the controlling order, or a judgment\nfor consolidated arrears of support and interest, if any, made pursuant to this\nsection shall be recognized in proceedings under this chapter.\n\nHISTORY: 1994, c. 673; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}