Interstate jurisdiction issues involving child support most often arise in the following areas: (1) establishment of personal jurisdiction over the non-custodial parent/obligor; (2) proceedings involving two or more states; and (3) reconciliation of multiple orders. Resolution of these issues is governed by the Uniform Interstate Family Support Act (hereinafter “UIFSA”), as codified by N.C. Gen. Stat. Chapter 52C, et al.  N.C. Gen. Stat. §52C, et. al. (1995).   

UIFSA vests subject matter jurisdiction for child support actions with the district court division.  N.C.Gen. Stat. §52C-1-102 (1995).    Regarding personal jurisdiction, the act provides that North Carolina may exercise such over a, “nonresident individual or the individual's guardian or conservator if:

1. The individual is personally served with a summons and complaint within North Carolina;
2. The individual submits to the jurisdiction of North Carolina by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
3. The individual resided in North Carolina with the child;
4. The individual resided in North Carolina and provided prenatal expenses or support for the child;
5. The child resides in North Carolina as a result of the acts or directives of the individual;
6. The individual engaged in sexual intercourse in North Carolina and the child may have been conceived by that act of intercourse;
7. The individual asserted paternity in an affidavit which has been filed with the clerk of superior court; or
8. There is any other basis consistent with the constitution of North Carolina and the United States for the exercise of personal jurisdiction.

N.C. Gen. Stat. §52C-2-201 (1995).

In a proceeding involving North Carolina and another state, jurisdiction is determined as follows: 

1. North Carolina may serve either as an initiating tribunal, to forward proceedings to another state, or as a responding tribunal for proceedings initiated in another state. N.C. Gen. Stat. §52C-2-203 (1995).
2. North Carolina may exercise jurisdiction to establish a support order after the filing of a petition or comparable pleading in another state only if:
   1. the petition or comparable pleading in North Carolina is filed before the expiration of the time allowed in the other state for filing a responsive pleading;
   2. the contesting party timely challenges the exercise of jurisdiction in the other state; and
   3. North Carolina is the home state of the child (if relevant).   N.C. Gen. Stat. §52C-2-204(a)(1995).
3. North Carolina may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before an action is instituted in another state if:
   1. the petition or comparable pleading in the other state is filed before the expiration of the time allowed in North Carolina for filing a responsive pleading challenging the exercise of jurisdiction by North Carolina;
   2. the contesting party timely challenges the exercise of jurisdiction in North Carolina; and
   3. if relevant, the other state is the home state of the child.  N.C. Gen. Stat. §52C-2-204(b)(1995).

Regarding the continuing, exclusive jurisdiction of this State for a support order, North Carolina may exercise continuing jurisdiction if:

1. North Carolina remains the residence of the obligor, individual obligee, or the child for whose benefit the support order is issued; or
2. Until all the parties who are individuals have filed written consents with the tribunal of this State for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.

N.C. Gen. Stat. §52C-2-205(a)(1995). North Carolina may not exercise continuing, exclusive jurisdiction to modify an order if the order has been modified by a tribunal of another state pursuant to a law substantially similar to UIFSA.  N.C. Gen. Stat. §52C-2-205(b)(1995). Furthermore, if a child support order of this State is modified by a tribunal of another state pursuant to a law substantially similar to UIFSA, North Carolina loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this State, and may only:

1. enforce the order that was modified as to amounts accruing before the modification;
2. enforce nonmodifiable aspects of that order; and
3. provide other appropriate relief for violations of that order which occurred before the effective date of the modification. N.C. Gen. Stat. §52C-2-205(c)(1995).

UIFSA also establishes procedures for the recognition of controlling child support orders when a subsequent proceeding is brought pursuant to UIFSA.  Jurisdiction in these case is established as follows:

1. If only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized.  N.C. Gen. Stat. §52C-2-207(a)(1995).
2. If two or more child support orders have been issued by tribunals of this State or another state with regard to the same obligor and child, the ability of North Carolina to exercise jurisdiction is determined as follows:
   1. If only one of the tribunals would have continuing, exclusive jurisdiction under UIFSA, the order of that tribunal controls and must be so recognized.
   2. If more than one of the tribunals would have continuing, exclusive jurisdiction under UIFSA, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized.
   3. If none of the tribunals would have continuing, exclusive jurisdiction under UIFSA, the tribunal of this State having jurisdiction over the parties shall issue a child support order, which controls and must be recognized.  N.C. Gen. Stat. §52C-2-207(b)(1995).
3. If two or more child support orders have been issued for the same obligor and child, and if the obligor or the individual obligee resides in this State, a party may request a tribunal of this State to determine which order controls and must be so recognized under the foregoing section. N.C. Gen. Stat. §52C-2-207(c)(1995). The request must be accompanied by a certified copy of every support order in effect, and the requesting party shall give notice of the request to each party whose rights may be affected by a certified copy of every support order in effect. The requesting party shall also give notice of the request to each party whose rights may be affected by the determination. Id.

Finally, UIFSA establishes procedures for resolving issues that may arise when multiple child support orders are entered for two or more obligees and for providing credit for payments.  N.C. Gen. Stat. §52C-2-208 and §52C-2-209(1995). When multiple child support orders have been entered for the same obligor with respect to different obligees, at least one of which was issued by another state, North Carolina shall enforce those orders in the same manner as if the multiple orders have been issued by a tribunal of this State.  N.C. Gen. Stat. §52C-2-208 (1995). Furthermore, amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by North Carolina. N.C. Gent. Stat. §52C-2-209 (1995).