UNIFORM INTERSTATE FAMILY SUPPORT ACT (UIFSA)

CS 154P-1 Determination of the Controlling Order (DCO) Procedures – Initial Review

01/31/02 Revised 09/01/25 Training Completed 09/15/25 Last Reviewed 09/30/25

45 CFR 303.7; Utah Code 26B-9-206, 63G-4-301, 81-8-203, 81-8-207, 81-8-305; 18 U.S. Code 1151, 28 U.S. Code 1738B

Statutory Authority

Pursuant to Utah Code 81-8-103 (see below), the Office of Recovery Services/Child Support Services (ORS/CSS) is an authorized tribunal of the State for purposes of determining a controlling order:

“(1) A court with jurisdiction under Title 78A, Judiciary and Judicial Administration, and the Utah Department of Health and Human Services are the tribunals of this state.

(2) The Utah Department of Health and Human Services is the state child support services agency.”

NOTE: ORS/CSS is a part of the Department of Health and Human Services.

Utah Code 81-8-305 states:

“(2) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:

(a) establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child. . . .” (Emphasis added.)

A controlling order determination may be made as long as:

1. The noncustodial parent (NCP) and the custodial parent (CP) reside in Utah (in-state case); or,

2. The NCP lives in Utah, the CP lives in another state and has submitted to Utah’s jurisdiction by requesting a Uniform Interstate Family Support Act (UIFSA) action such as enforcement, modification, etc. (incoming intergovernmental case from CP’s state).

45 CFR 303.7(a)(6) states:

“Within 30 working days of receiving a request, provide any order and payment record information requested by a State IV–D agency for a controlling order determination and reconciliation of arrearages, or notify the State IV–D agency when the information will be provided. . . .”

45 CFR 303.7(c) states:

“Initiating State IV–D agency responsibilities. The initiating State IV–D agency must:

(1) Determine whether or not there is a support order or orders in effect in a case using the Federal and State Case Registries, State records, information provided by the recipient of services, and other relevant information available to the State;

(2) Determine in which State a determination of the controlling order and reconciliation of arrearages may be made where multiple orders exist. . . .”

45 CFR 303.7(d) states:

“Responding State IV–D agency responsibilities . . .

(5) If the request is for a determination of controlling order:

(i) File the controlling order determination request with the appropriate tribunal in its State within 30 calendar days of receipt of the request or location of the noncustodial parent, whichever occurs later; and

(ii) Notify the initiating State agency, the Controlling Order State and any State where a support order in the case was issued or registered, of the controlling order determination and any reconciled arrearages within 30 calendar days of receipt of the determination from the tribunal. . . .”

Stages of the Controlling Order Determination

A determination of controlling order (DCO) is an adjudicative process, which results in one controlling order when there are two or more support orders. The process may only be conducted by an authorized tribunal which has personal jurisdiction over both the NCP and the CP. For Utah to conduct a DCO, one of the following situations must occur:

1. The NCP and the CP must both live in Utah (in-state case); or,

2. The NCP lives in Utah and the CP lives in another state, but has submitted to Utah’s jurisdiction by requesting a UIFSA action such as enforcement, modification, etc. (incoming intergovernmental case from CP’s state).

Prior to the DCO proceeding, which begins with legal notice to all interested parties, there is generally an “initial review” of the order. The purpose of the initial review is to make a “preliminary determination” for purposes of preparing the legal notice. The initiating tribunal is responsible to give notice to the NCP and CP, all tribunals issuing an order, and/or enforcing an order. Once all parties have been given notice, the authorized tribunal, using all available information, determines the controlling order and issues an order that reflects that decision; the “final determination.” The decision is binding, and one order is then recognized as the controlling order and must be used to enforce the monthly child support obligation prospectively. There are three stages to this process. They are:

1. Initial Review – This is the first stage of the DCO process. During an initial review, all known orders are reviewed and an informal determination is made of the order that appears most likely to be the controlling order. Use this order for temporary enforcement purposes.

If you believe there may be more than one support order for a case, use the Federal and State Case Registry and other resources available to ORS/CSS to locate/identify support orders pursuant to 45 CFR 303.7(c). For more information on the Federal and State Case Registry, refer to CS 074P Federal and State Case Registry.

If the case is an intergovernmental referral from another state (incoming interstate case), file the controlling order request with the appropriate tribunal within 30 days pursuant to 45 CFR 303.7(d)(5)(i):

“File the controlling order determination request with the appropriate tribunal in its State within 30 calendar days of receipt of the request or location of the noncustodial parent, whichever occurs later. . . .”

For procedures and more information on meeting this timeframe, refer to CS 154P-2 DCO Procedures – Utah Conducts Review.

2. Preliminary Determination – In this stage, copies of all orders and payment records are obtained. All of the orders and payment records are thoroughly reviewed and a determination of the alleged (when Utah has jurisdiction) or presumed (when another state has jurisdiction) controlling order is made. Next calculate a preliminary balance of the arrears, and notify all appropriate parties.

a. Utah has jurisdiction – This step can be conducted administratively or judicially. If it is conducted:

i. Administratively – The process is completed by a Senior Agent. Use the Notice of Agency Action: Determination of Controlling Order and Reconciliation of Arrears to send notice of the action to all concerned parties.

ii. Judicially – The assigned Senior Agent is responsible to gather the information, determine an alleged controlling order, and forward all of the information to the AGO to prepare and file legal proceedings. For more information and procedures on a judicial Utah review, refer to CS 154P-2.

b. Utah does not have jurisdiction – Pursuant to 45 CFR 303.7(c), the agent assigned to the case is responsible:

i. To determine the appropriate state to make a controlling order determination; and,

ii. Prepare and send an intergovernmental referral to the IV-D agency in that state. The responding state is responsible to notify all concerned parties, conduct a DCO proceeding, and issue a final determination of controlling order pursuant to 45 CFR 303.7(d)(5). For more information and procedures for situations when another state is responsible for a DCO review, refer to CS 154P-3 DCO Procedures – Another State Conducts DCO – Utah Responds to Other State’s Notice of Preliminary Determination.

3. Final Determination – This is the last step in determining the controlling order. After all of the parties have been notified of the process, given an opportunity to respond, and all orders have been reviewed by the appropriate tribunal in accordance with Utah Code 81-8-207 and 81-8-305, a final order is issued. The order establishes:

a. The child support order to be recognized for prospective enforcement; and,

b. A sum-certain judgment of the reconciled arrears balance. For more information on a final determination when/if ORS/CSS is responsible for the review, refer to CS 154P-2 and CS 154P-3.

Procedures – Initial Review

Senior Agents are responsible for the initial review of a case with multiple orders. The Senior Agent is responsible for the following:

1. Gather information on orders that potentially qualify for controlling order status for this family – Review and check all resources listed below to identify and determine if there are multiple orders. Complete the following:

1. Application/referral for services – If appropriate, review the application to see if the applicant has indentified any orders;

2. Intergovernmental transmittal – If appropriate, review the information received from the other state to see if that state has identified any orders;

3. Case file – Review the case file to see if:

1. Utah has issued an order(s); or,

2. There are copies of other state’s order(s).

4. Federal Case Registry (FCR) – FCR information is found in ORSIS. Use the information in ORSIS to send a Case Status Inquiry (CSI) request to the appropriate state to identify matching participant/order/case information; and,

5. NCP and CP – This may include but is not limited to the following:

1. Case narratives;

2. Personal conversations;

3. Written correspondence, including the following forms:

1. Annual Notice of Past-due Child Support – This form is sent on all new cases that meet the criteria found in CS 802P Annual Notice of Past-due Child Support; General. This form advises the NCP to inform ORS/CSS of any other orders, or changes to a support order; and,

2. Notice of Services – Notifies the CP to inform CSS of any other orders, or changes to a support order.

2. Identify and list all existing orders for this family – Determine if there are multiple orders for this family.

1. None – If there is not a current child support order for this case/family, an order must be established. For procedures and more information on establishing a new child support order, refer to the Establish Order sections in policy.

2. One – If there is only one order, recognize and enforce that order until/unless you receive notice of multiple orders. No further action is required to officially recognize the one existing order as the controlling order.

3. Multiple orders – If there are multiple orders, complete the initial review and make an informal identification of the controlling order using the information currently available. Once the controlling order has been identified, complete the Presumed or Alleged Controlling Order Worksheet. This form is maintained as supporting documentation for the order that appears to be the controlling order. Use the procedures established in Utah Code 81-8-207 and CS 154P Determination of the Controlling Order (DCO) Overview to determine the controlling order.

1. If a support order can be identified as the controlling order:

A. Add the current support amount to ORSIS; and,

B. Take the next appropriate enforcement action on the case.

ii. If no support order meets the controlling order criteria:

A. Complete the initial review;

B. End all current support (CRS) debts on ORSIS, if applicable;

C. Take the next appropriate action on the case; e.g., make an intergovernmental referral to another state to establish an order or refer the case to establish a new controlling order.

3. Decide if a formal DCO will be pursued at this time – While UIFSA requires that a formal DCO be completed whenever multiple orders exist, it is not practical to complete this process on all existing cases at the same time. For this reason, CSS will gradually implement these procedures by placing a priority on pursuing DCO on cases with orders issued prior to January 1, 2011 in the following situations as they arise:

a. New income intergovernmental cases with multiple orders;

b. New in-state cases with multiple orders;

c. A case with multiple orders is being referred to another state for a two-state action;

d. Prior to registering an order (on a case with multiple orders) in a Utah court;

e. Prior to a modification (on a case with multiple orders);

f. Prior to judicial enforcement action (on a case with multiple orders); and,

g. An NCP contests the arrears balance or ongoing support amount on a case with multiple orders. (This may be in response to an Annual Notice of Past-due Child Support or a request for administrative review that will result in an arrears judgment.)

4. If a formal DCO will be pursued, determine the appropriate jurisdiction for the DCO – Determine if Utah has jurisdiction to conduct a DCO adjudicative proceeding. U Utah Code 81-8-207 states:

“(3) (a) 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 child support services 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 (2).”

Personal jurisdiction is obtained by both parties residing in the state or by having personal jurisdiction over one party and a request from the non-resident party or an intergovernmental referral from a support enforcement agency.

a. Jurisdiction – If Utah has DCO jurisdiction, refer to the procedures in CS 154P-2.

b. No jurisdiction – If Utah does not have DCO jurisdiction, refer to the procedures in CS 154P-3.