SECTIONS 4900-4903 - California Statutes

FAMILY.CODE

SECTION 4900-4903

4900. This chapter shall be known and may be cited as the Uniform
Interstate Family Support Act.

4901. The following definitions apply to this chapter:
(a) "Child" means an individual, whether over or under the age of
majority, who is, or is alleged to be, owed a duty of support by the
individual's parent or who is, or is alleged to be, the beneficiary
of a support order directed to the parent.
(b) "Child support order" means a support order for a child,
including a child who has attained the age of majority under the law
of the issuing state.
(c) "Duty of support" means an obligation imposed or imposable by
law to provide support for a child, spouse, or former spouse,
including an unsatisfied obligation to provide support.
(d) "Home state" means the state in which a child lived with a
parent or a person acting as parent for at least six consecutive
months immediately preceding the time of filing of a petition or
comparable pleading for support and, if a child is less than six
months old, the state in which the child lived from birth with any of
them. A period of temporary absence of any of them is counted as
part of the six-month or other period.
(e) "Income" includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding
for support under the laws of this state.
(f) "Income-withholding order" means an earnings assignment order
for support, as defined in Section 5208, or any other order or other
legal process directed to an obligor's employer, or other debtor, to
withhold from the income of the obligor an amount owed for support.
(g) "Initiating state" means a state from which a proceeding is
forwarded, or in which a proceeding is filed for forwarding, to a
responding state under this chapter or a law or procedure
substantially similar to this chapter, the Uniform Reciprocal
Enforcement of Support Act, or the Revised Uniform Reciprocal
Enforcement of Support Act.
(h) "Initiating tribunal" means the authorized tribunal in an
initiating state.
(i) "Issuing state" means the state in which a tribunal issues a
support order or renders a judgment determining parentage.
(j) "Issuing tribunal" means the tribunal that issues a support
order or renders a judgment determining parentage.
(k) "Law" includes decisional and statutory law and rules and
regulations having the force of law.
(l) "Obligee" means any of the following:
(1) An individual to whom a duty of support is, or is alleged to
be, owed or in whose favor a support order has been issued or a
judgment determining parentage has been rendered.
(2) A state or political subdivision to which the rights under a
duty of support or support order have been assigned or which has
independent claims based on its provision of financial assistance to
an individual obligee.
(3) An individual seeking a judgment determining parentage of the
individual's child.
(m) "Obligor" means an individual, or the estate of a decedent,
who satisfies any of the following criteria:
(1) He or she owes or is alleged to owe a duty of support.
(2) He or she is alleged, but has not been adjudicated to be, a
parent of a child.
(3) He or she is liable under a support order.
(n) "Register" means to file a support order or judgment
determining parentage in the superior court in any county in which
enforcement of the order is sought.
(o) "Registering tribunal" means a tribunal in which a support
order is registered.
(p) "Responding state" means a state in which a proceeding is
filed or to which a proceeding is forwarded for filing from an
initiating state under this chapter or a law or procedure
substantially similar to this chapter, the Uniform Reciprocal
Enforcement of Support Act, or the Revised Uniform Reciprocal
Enforcement of Support Act.
(q) "Responding tribunal" means the authorized tribunal in a
responding state.
(r) "Spousal support order" means a support order for a spouse or
former spouse of the obligor.
(s) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States. The term "state" also includes both of the following:
(1) An Indian tribe.
(2) A foreign jurisdiction that has enacted a law or established
procedures for issuance and enforcement of support orders which are
substantially similar to the procedures under this chapter, the
Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act.
(t) "Support enforcement agency" means a public official or agency
authorized to seek any of the following:
(1) Enforcement of support orders or laws relating to the duty of
support.
(2) Establishment or modification of child support.
(3) Determination of parentage.
(4) Location of obligors or their assets.
(u) "Support order" means a judgment, decree, or order, whether
temporary, final, or subject to modification, for the benefit of a
child, spouse, or former spouse, that provides for monetary support,
health care, arrearages, or reimbursement, and may include related
costs and fees, interest, income withholding, attorney's fees, or
other relief.
(v) "Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify
support orders or to determine parentage.

4901. The following definitions apply to this chapter:
(a) "Child" means an individual, whether over or under the age of
majority, who is, or is alleged to be, owed a duty of support by the
individual's parent or who is, or is alleged to be, the beneficiary
of a support order directed to the parent.
(b) "Child support order" means a support order for a child,
including a child who has attained the age of majority under the law
of the issuing state.
(c) "Duty of support" means an obligation imposed or imposable by
law to provide support for a child, spouse, or former spouse,
including an unsatisfied obligation to provide support.
(d) "Home state" means the state in which a child lived with a
parent or a person acting as parent for at least six consecutive
months immediately preceding the time of filing of a petition or
comparable pleading for support and, if a child is less than six
months old, the state in which the child lived from birth with any of
them. A period of temporary absence of any of them is counted as
part of the six-month or other period.
(e) "Income" includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding
for support under the laws of this state.
(f) "Income-withholding order" means an earnings assignment order
for support, as defined in Section 5208, or any other order or other
legal process directed to an obligor's employer, or other debtor, to
withhold from the income of the obligor an amount owed for support.
(g) "Initiating state" means a state from which a proceeding is
forwarded, or in which a proceeding is filed for forwarding, to a
responding state under this chapter or a law or procedure
substantially similar to this chapter.
(h) "Initiating tribunal" means the authorized tribunal in an
initiating state.
(i) "Issuing state" means the state in which a tribunal issues a
support order or renders a judgment determining parentage.
(j) "Issuing tribunal" means the tribunal that issues a support
order or renders a judgment determining parentage.
(k) "Law" includes decisional and statutory law and rules and
regulations having the force of law.
(l) "Obligee" means any of the following:
(1) An individual to whom a duty of support is, or is alleged to
be, owed or in whose favor a support order has been issued or a
judgment determining parentage has been rendered.
(2) A state or political subdivision to which the rights under a
duty of support or support order have been assigned or which has
independent claims based on its provision of financial assistance to
an individual obligee.
(3) An individual seeking a judgment determining parentage of the
individual's child.
(m) "Obligor" means an individual, or the estate of a decedent,
who satisfies any of the following criteria:
(1) He or she owes or is alleged to owe a duty of support.
(2) He or she is alleged, but has not been adjudicated to be, a
parent of a child.
(3) He or she is liable under a support order.
(n) "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, government, governmental subdivision, agency, or
instrumentality, public corporation, or any other legal or commercial
entity.
(o) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(p) "Register" means to file a support order or judgment
determining parentage in the superior court in any county in which
enforcement of the order is sought.
(q) "Registering tribunal" means a tribunal in which a support
order is registered.
(r) "Responding state" means a state in which a proceeding is
filed or to which a proceeding is forwarded for filing from an
initiating state under this chapter or a law or procedure
substantially similar to this chapter
(s) "Responding tribunal" means the authorized tribunal in a
responding state.
(t) "Spousal support order" means a support order for a spouse or
former spouse of the obligor.
(u) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States. The term "state" also includes both of the following:
(1) An Indian tribe.
(2) A foreign country or political subdivision that has been
declared to be a foreign reciprocating country or political
subdivision under federal law, has established a reciprocal
arrangement for child support with this state as provided in Section
4922, or has enacted a law or established procedures for issuance and
enforcement of support orders which are substantially similar to the
procedures under this chapter.
(v) "Support enforcement agency" means a public official or agency
authorized to seek any of the following:
(1) Enforcement of support orders or laws relating to the duty of
support.
(2) Establishment or modification of child support.
(3) Determination of parentage.
(4) Location of obligors or their assets.
(5) Determination of the controlling child support orders.
(w) "Support order" means a judgment, decree, order, or directive
whether temporary, final, or subject to modification, issued by a
tribunal for the benefit of a child, spouse, or former spouse, that
provides for monetary support, health care, arrearages, or
reimbursement, and may include related costs and fees, interest,
income withholding, attorney's fees, or other relief.
(x) "Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify
support orders or to determine parentage.

4902. The superior court is the tribunal of this state.

4903. Remedies provided by this chapter are cumulative and do not
affect the availability of remedies under other law.

4903. (a) Remedies provided by this chapter are cumulative and do
not affect the availability of remedies under other law, including
the recognition of a support order of a foreign country or political
subdivision on the basis of the comity.
(b) This chapter does not provide the exclusive method of
establishing or enforcing a support order under the law of this
state, or grant a tribunal of this state jurisdiction to render
judgment or issue an order relating to child custody or visitation in
a proceeding under this chapter.