Published: 2015-07-08
Key Benefits:
A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
A support order or income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.
(Amended by Stats. 2002, Ch. 349, Sec. 33. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
(a) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the appropriate tribunal in this state:
(1) A letter of transmittal to the tribunal requesting registration and enforcement.
(2) Two copies, including one certified copy, of all orders to be registered, including any modification of an order.
(3) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage.
(4) The name of the obligor and, if known:
(i) The obligor’s address and social security number;
(ii) The name and address of the obligor’s employer and any other source of income of the obligor; and
(iii) A description and the location of property of the obligor in this state not exempt from execution.
(5) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading shall specify the grounds for the remedy sought.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
(a) A support order or income-withholding order of another state may be registered in this state by sending the following records and information to the appropriate tribunal in this state:
(1) A letter of transmittal to the tribunal requesting registration and enforcement.
(2) Two copies, including one certified copy, of the order to be registered, including any modification of the order.
(3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage.
(4) The name of the obligor and, if known:
(A) The obligor’s address and social security number;
(B) The name and address of the obligor’s employer and any other source of income of the obligor; and
(C) A description and the location of property of the obligor in this state not exempt from execution.
(5) Except as provided in Section 4926, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading shall specify the grounds for the remedy sought.
(d) If two or more orders are in effect, the person requesting registration shall do all of the following:
(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section.
(2) Specify the order alleged to be the controlling order, if any.
(3) Specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
(Amended by Stats. 2002, Ch. 349, Sec. 34. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
(a) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.
(b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(c) Except as otherwise provided in this article, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998.)
(a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order.
(b) In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state, whichever is longer, applies.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
(a) Except as otherwise provided in subdivision (d), the law of the issuing state governs the nature, extent, amount, and duration of current payments under a registered support order, the computation and payment of arrearages and accrual of interest on the arrearages under the support order, and the existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state registered in this state.
(d) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
(Amended by Stats. 2002, Ch. 349, Sec. 35. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
(a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b) The notice shall inform the nonregistering party:
(1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(2) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice;
(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and
(4) Of the amount of any alleged arrearages.
(c) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor’s employer pursuant to Chapter 8 (commencing with Section 5200).
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
(a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b) A notice shall inform the nonregistering party:
(1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(2) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice;
(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and
(4) Of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in effect, a notice shall also do all of the following:
(1) Identify the two or more orders and the order alleged by the registering person to be the controlling order and the consolidated arrears, if any.
(2) Notify the nonregistering party of the right to a determination of which is the controlling order.
(3) State that the procedures provided in subdivision (b) apply to the determination of which is the controlling order.
(4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(d) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor’s employer pursuant to Chapter 8 (commencing with Section 5200).
(Amended by Stats. 2002, Ch. 349, Sec. 36. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
(a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within 20 days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Section 4956.
(b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998.)
(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party.
(2) The order was obtained by fraud.
(3) The order has been vacated, suspended, or modified by a later order.
(4) The issuing tribunal has stayed the order pending appeal.
(5) There is a defense under the law of this state to the remedy sought.
(6) Full or partial payment has been made.
(7) The statute of limitation under Section 4953 precludes enforcement of some or all of the arrearages.
(b) If a party presents evidence establishing a full or partial defense under subdivision (a), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.
(c) If the contesting party does not establish a defense under subdivision (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party.
(2) The order was obtained by fraud.
(3) The order has been vacated, suspended, or modified by a later order.
(4) The issuing tribunal has stayed the order pending appeal.
(5) There is a defense under the law of this state to the remedy sought.
(6) Full or partial payment has been made.
(7) The statute of limitation under Section 4953 precludes enforcement of some or all of the alleged arrearages.
(8) The alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subdivision (a), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.
(c) If the contesting party does not establish a defense under subdivision (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.
(Amended by Stats. 2002, Ch. 349, Sec. 37. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998.)
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in this article if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading shall specify the grounds for modification.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998.)
A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of Section 4960 have been met.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of Section 4960, 4962, or 4964 have been met.
(Amended by Stats. 2002, Ch. 349, Sec. 38. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
(a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if Section 4962 does not apply and after notice and hearing it finds that:
(1) The following requirements are met:
(i) The child, the individual obligee, and the obligor do not reside in the issuing state.
(ii) A petitioner who is a nonresident of this state seeks modification.
(iii) The respondent is subject to the personal jurisdiction of the tribunal of this state; or
(2) The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedure substantially similar to the procedures under this chapter, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.
(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
(c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and shall be so recognized under Section 4911 establishes the aspects of the support order which are nonmodifiable.
(d) On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
(a) If Section 4962 does not apply, except as otherwise provided in Section 4964, upon petition a tribunal of this state may modify a child support order issued in another state that is registered in this state if, after notice and hearing, the tribunal finds that either paragraph (1) or paragraph (2) applies:
(1) The following requirements are met:
(A) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state.
(B) A petitioner who is a nonresident of this state seeks modification.
(C) The respondent is subject to the personal jurisdiction of the tribunal of this state.
(2) This state is the state of residence of the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
(c) Except as otherwise provided in Section 4964, a tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and shall be so recognized under Section 4911 establishes the aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(e) On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
(Amended by Stats. 2002, Ch. 349, Sec. 39. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to this chapter or a law substantially similar to this chapter and, upon request, except as otherwise provided in this chapter, shall:
(1) Enforce the order that was modified only as to amounts accruing before the modification;
(2) Enforce only nonmodifiable aspects of that order;
(3) Provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and
(4) Recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state may enforce its order that was modified only as to arrears and interest accruing before the modification, may provide other appropriate relief for violations of its order which occurred before the effective date of the modification, and shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
(Amended by Stats. 2002, Ch. 349, Sec. 40. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child support order in a proceeding to register that order.
(b) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Articles 1 (commencing with Section 4900) and 2 (commencing with Section 4905), this article, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Articles 3 (commencing with Section 4915) to 5 (commencing with Section 4940), inclusive, and Articles 7 (commencing with Section 4965) and 8 (commencing with Section 4970) do not apply.
(Amended by Stats. 2004, Ch. 183, Sec. 95. Effective January 1, 2005.)
Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998.)
(a) If a foreign country or political subdivision that is a state will not or may not modify its order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child support order otherwise required of the individual pursuant to Section 4960 has been given or whether the individual seeking modification is a resident of this state or of the foreign country or political subdivision.
(b) An order issued pursuant to this section is the controlling order.
(Added by Stats. 2002, Ch. 349, Sec. 41. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
