SECTIONS 4915-4933 - California Statutes

FAMILY.CODE

SECTION 4915-4933

4915. (a) Except as otherwise provided in this chapter, this
article applies to all proceedings under this chapter.
(b) This chapter provides for the following proceedings:
(1) Establishment of an order for spousal support or child support
pursuant to Article 4 (commencing with Section 4935).
(2) Enforcement of a support order and income-withholding order of
another state without registration pursuant to Article 5 (commencing
with Section 4940).
(3) Registration of an order for spousal support or child support
of another state for enforcement pursuant to Article 6 (commencing
with Section 4950).
(4) Modification of an order for child support or spousal support
issued by a tribunal of this state pursuant to Article 2 (commencing
with Section 4905).
(5) Registration of an order for child support of another state
for modification pursuant to Article 6 (commencing with Section
4950).
(6) Determination of parentage pursuant to Article 7 (commencing
with Section 4965).
(7) Assertion of jurisdiction over nonresidents pursuant to
Article 2 (commencing with Section 4905).
(c) An individual or a support enforcement agency may commence a
proceeding authorized under this chapter by filing a petition in an
initiating tribunal for forwarding to a responding tribunal or by
filing a petition or a comparable pleading directly in a tribunal of
another state which has or can obtain personal jurisdiction over the
respondent.

4915. (a) Except as otherwise provided in this chapter, this
article applies to all proceedings under this chapter.
(b) An individual or a support enforcement agency may initiate a
proceeding authorized under this chapter by filing a petition in an
initiating tribunal for forwarding to a responding tribunal or by
filing a petition or a comparable pleading directly in a tribunal of
another state which has or can obtain personal jurisdiction over the
respondent.

4916. A minor parent, or a guardian or other legal representative
of a minor parent, may maintain a proceeding on behalf of or for the
benefit of the minor's child.

4917. Except as otherwise provided by this chapter, a responding
tribunal of this state:
(a) Shall apply the procedural and substantive law, including the
rules on choice of law, generally applicable to similar proceedings
originating in this state and may exercise all powers and provide all
remedies available in those proceedings; and
(b) Shall determine the duty of support and the amount payable in
accordance with the law and support guidelines of this state.

4917. Except as otherwise provided by this chapter, a responding
tribunal of this state shall do both of the following:
(a) Apply the procedural and substantive law generally applicable
to similar proceedings originating in this state and may exercise all
powers and provide all remedies available in those proceedings.
(b) Determine the duty of support and the amount payable in
accordance with the law and support guidelines of this state.

4918. (a) Upon the filing of a petition authorized by this chapter,
an initiating tribunal of this state shall forward three copies of
the petition and its accompanying documents:
(1) To the responding tribunal or appropriate support enforcement
agency in the responding state; or
(2) If the identity of the responding tribunal is unknown, to the
state information agency of the responding state with a request that
they be forwarded to the appropriate tribunal and that receipt be
acknowledged.
(b) If a responding state has not enacted the Uniform Interstate
Family Support Act or a law or procedure substantially similar to the
Uniform Interstate Family Support Act, a tribunal of this state may
issue a certificate or other document and make findings required by
the law of the responding state. If the responding state is a foreign
jurisdiction, the tribunal may specify the amount of support sought
and provide other documents necessary to satisfy the requirements of
the responding state.

4918. (a) Upon the filing of a petition authorized by this chapter,
an initiating tribunal of this state shall forward the petition and
its accompanying documents to either of the following:
(1) The responding tribunal or appropriate support enforcement
agency in the responding state.
(2) If the identity of the responding tribunal is unknown, the
state information agency of the responding state with a request that
they be forwarded to the appropriate tribunal and that receipt be
acknowledged.
(b) If requested by a responding tribunal, a tribunal of this
state shall issue a certificate or other document and make findings
required by the law of the responding state. If the responding state
is a foreign country or political subdivision, upon request the
tribunal shall specify the amount of support sought, convert that
amount into the equivalent amount in the foreign currency under
applicable official or market exchange rate as publicly reported, and
provide any other documents necessary to satisfy the requirements of
the responding state.

4919. (a) When a responding tribunal of this state receives a
petition or comparable pleading from an initiating tribunal or
directly pursuant to subdivision (c) of Section 4915, it shall cause
the petition or pleading to be filed and notify the petitioner where
and when it was filed.
(b) A responding tribunal of this state, to the extent otherwise
authorized by law, may do one or more of the following:
(1) Issue or enforce a support order, modify a child support
order, or render a judgment to determine parentage.
(2) Order an obligor to comply with a support order, specifying
the amount and the manner of compliance.
(3) Order income withholding.
(4) Determine the amount of any arrearages, and specify a method
of payment.
(5) Enforce orders by civil or criminal contempt, or both.
(6) Set aside property for satisfaction of the support order.
(7) Place liens and order execution on the obligor's property.
(8) Order an obligor to keep the tribunal informed of the obligor'
s current residential address, telephone number, employer, address of
employment, and telephone number at the place of employment.
(9) Issue a bench warrant for an obligor who has failed after
proper notice to appear at a hearing ordered by the tribunal and
enter the bench warrant in any local and state computer systems for
criminal warrants.
(10) Order the obligor to seek appropriate employment by specified
methods.
(11) Award reasonable attorney's fees and other fees and costs.
(12) Grant any other available remedy.
(c) A responding tribunal of this state shall include in a support
order issued under this chapter, or in the documents accompanying
the order, the calculations on which the support order is based.
(d) A responding tribunal of this state may not condition the
payment of a support order issued under this chapter upon compliance
by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order under
this chapter, the tribunal shall send a copy of the order to the
petitioner and the respondent and to the initiating tribunal, if any.

4919. (a) When a responding tribunal of this state receives a
petition or comparable pleading from an initiating tribunal or
directly pursuant to subdivision (b) of Section 4915, it shall cause
the petition or pleading to be filed and notify the petitioner where
and when it was filed.
(b) A responding tribunal of this state, to the extent not
prohibited by other law, may do one or more of the following:
(1) Issue or enforce a support order, modify a child support
order, determine the controlling child support order, or determine
parentage.
(2) Order an obligor to comply with a support order, specifying
the amount and the manner of compliance.
(3) Order income withholding.
(4) Determine the amount of any arrearages, and specify a method
of payment.
(5) Enforce orders by civil or criminal contempt, or both.
(6) Set aside property for satisfaction of the support order.
(7) Place liens and order execution on the obligor's property.
(8) Order an obligor to keep the tribunal informed of the obligor'
s current residential address, telephone number, employer, address of
employment, and telephone number at the place of employment.
(9) Issue a bench warrant for an obligor who has failed after
proper notice to appear at a hearing ordered by the tribunal and
enter the bench warrant in any local and state computer systems for
criminal warrants.
(10) Order the obligor to seek appropriate employment by specified
methods.
(11) Award reasonable attorney's fees and other fees and costs.
(12) Grant any other available remedy.
(c) A responding tribunal of this state shall include in a support
order issued under this chapter, or in the documents accompanying
the order, the calculations on which the support order is based.
(d) A responding tribunal of this state may not condition the
payment of a support order issued under this chapter upon compliance
by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order under
this chapter, the tribunal shall send a copy of the order to the
petitioner and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment
or modify a support order stated in a foreign currency, a responding
tribunal of this state shall convert the amount stated in the foreign
currency to the equivalent amount in dollars under the applicable
official or market exchange rate as publicly reported.

4920. If a petition or comparable pleading is received by an
inappropriate tribunal of this state, it shall forward the pleading
and accompanying documents to an appropriate tribunal in this state
or another state and notify the petitioner where and when the
pleading was sent.

4920. If a petition or comparable pleading is received by an
inappropriate tribunal of this state, the tribunal shall forward the
pleading and accompanying documents to an appropriate tribunal in
this state or another state and notify the petitioner where and when
the pleading was sent.

4921. (a) A support enforcement agency of this state, upon request,
shall provide services to a petitioner in a proceeding under this
chapter.
(b) A support enforcement agency that is providing services to the
petitioner as appropriate shall do all of the following:
(1) Take all steps necessary to enable an appropriate tribunal in
this state or another state to obtain jurisdiction over the
respondent.
(2) Request an appropriate tribunal to set a date, time, and place
for a hearing.
(3) Make a reasonable effort to obtain all relevant information,
including information as to income and property of the parties.
(4) Within 14 days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of a written notice from an initiating,
responding, or registering tribunal, send a copy of the notice to the
petitioner.
(5) Within 14 days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of a written communication from the
respondent or the respondent's attorney, send a copy of the
communication to the petitioner.
(6) Notify the petitioner if jurisdiction over the respondent
cannot be obtained.
(7) Perform the acts required by Section 4978.
(c) This chapter does not create or negate a relationship of
attorney and client or other fiduciary relationship between a support
enforcement agency or the attorney for the agency and the individual
being assisted by the agency.

4921. (a) A support enforcement agency of this state, upon request,
shall provide services to a petitioner in a proceeding under this
chapter.
(b) A support enforcement agency of this state that is providing
services to the petitioner shall do all of the following:
(1) Take all steps necessary to enable an appropriate tribunal in
this state or another state to obtain jurisdiction over the
respondent.
(2) Request an appropriate tribunal to set a date, time, and place
for a hearing.
(3) Make a reasonable effort to obtain all relevant information,
including information as to income and property of the parties.
(4) Within 14 days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of a written notice in a record from an
initiating, responding, or registering tribunal, send a copy of the
notice to the petitioner.
(5) Within 14 days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of a written communication in a record from
the respondent or the respondent's attorney, send a copy of the
communication to the petitioner.
(6) Notify the petitioner if jurisdiction over the respondent
cannot be obtained.
(7) Perform the acts required by Section 4978.
(c) A support enforcement agency of this state that requests
registration of a child support order in this state for enforcement
or for modification shall make reasonable efforts to do either of the
following:
(1) Ensure that the order to be registered is the controlling
order.
(2) If two or more child support orders exist and the identity of
the controlling order has not been determined, ensure that a request
for such a determination is made in a tribunal having jurisdiction to
do so.
(d) A support enforcement agency of this state that requests
registration and enforcement of a support order, arrears, or judgment
stated in a foreign currency shall convert the amounts stated in the
foreign currency into the equivalent amounts in dollars under the
applicable official or market exchange rate as publicly reported.
(e) A support enforcement agency of this state shall issue, or
request a tribunal of this state to issue, a child support order and
an income-withholding order that redirect payment of current support,
arrears, and interest if requested to do so by a support enforcement
agency of another state pursuant to Section 319 of the Uniform
Interstate Family Support Act.
(f) This chapter does not create or negate a relationship of
attorney and client or other fiduciary relationship between a support
enforcement agency or the attorney for the agency and the individual
being assisted by the agency.

4922. If the Attorney General determines that the support
enforcement agency is neglecting or refusing to provide services to
an individual, the Attorney General may order the agency to perform
its duties under this chapter or may provide those services directly
to the individual.

4922. (a) If the Attorney General determines that the support
enforcement agency is neglecting or refusing to provide services to
an individual, the Attorney General may order the agency to perform
its duties under this chapter or may provide those services directly
to the individual.
(b) The Department of Child Support Services may determine that a
foreign country or political subdivision has established a reciprocal
arrangement for child support with this state and take appropriate
action for notification of the determination.

4923. An individual may employ private counsel to represent the
individual in proceedings authorized by this chapter.

4924. (a) The Attorney General's office is the state information
agency under this chapter.
(b) The state information agency shall do all of the following:
(1) Compile and maintain a current list, including addresses, of
the tribunals in this state which have jurisdiction under this
chapter and any support enforcement agencies in this state and
transmit a copy to the state information agency of every other state.
(2) Maintain a register of tribunals and support enforcement
agencies received from other states.
(3) Forward to the appropriate tribunal in the place in this state
in which the individual obligee or the obligor resides, or in which
the obligor's property is believed to be located, all documents
concerning a proceeding under this chapter received from an
initiating tribunal or the state information agency of the initiating
state.
(4) Obtain information concerning the location of the obligor and
the obligor's property within this state not exempt from execution,
by such means as postal verification and federal or state locator
services, examination of telephone directories, requests for the
obligor's address from employers, and examination of governmental
records, including, to the extent not prohibited by other law, those
relating to real property, vital statistics, law enforcement,
taxation, motor vehicles, driver's licenses, and social security.

4924. (a) The Department of Child Support Services is the state
information agency under this chapter.
(b) The state information agency shall do all of the following:
(1) Compile and maintain a current list, including addresses, of
the tribunals in this state which have jurisdiction under this
chapter and any support enforcement agencies in this state and
transmit a copy to the state information agency of every other state.
(2) Maintain a register of names and addresses of tribunals and
support enforcement agencies received from other states.
(3) Forward to the appropriate tribunal in the county in this
state in which the obligee who is an individual or the obligor
resides, or in which the obligor's property is believed to be
located, all documents concerning a proceeding under this chapter
received from an initiating tribunal or the state information agency
of the initiating state.
(4) Obtain information concerning the location of the obligor and
the obligor's property within this state not exempt from execution,
by such means as postal verification and federal or state locator
services, examination of telephone directories, requests for the
obligor's address from employers, and examination of governmental
records, including, to the extent not prohibited by other law, those
relating to real property, vital statistics, law enforcement,
taxation, motor vehicles, driver's licenses, and social security.

4925. (a) A petitioner seeking to establish or modify a support
order or to determine parentage in a proceeding under this chapter
shall verify the petition. Unless otherwise ordered under Section
4926, the petition or accompanying documents shall provide, so far as
known, the name, residential address, and social security numbers of
the obligor and the obligee, and the name, sex, residential address,
social security number, and date of birth of each child for whom
support is sought. The petition shall be accompanied by a certified
copy of any support order in effect. The petition may include any
other information that may assist in locating or identifying the
respondent.
(b) The petition shall specify the relief sought. The petition and
accompanying documents shall conform substantially with the
requirements imposed by the forms mandated by federal law for use in
cases filed by a support enforcement agency.

4925. (a) In a proceeding under this chapter, a petitioner seeking
to establish a support order, to determine parentage, or to register
and modify a support order of another state shall file a petition.
Unless otherwise ordered under Section 4926, the petition or
accompanying documents shall provide, so far as known, the name,
residential address, and social security numbers of the obligor and
the obligee or the parent and alleged parent, and the name, sex,
residential address, social security number, and date of birth of
each child for whose benefit support is sought or whose parentage is
to be determined. Unless filed at the time of registration, the
petition shall be accompanied by a copy of any support order known to
have been issued by another tribunal. The petition may include any
other information that may assist in locating or identifying the
respondent.
(b) The petition shall specify the relief sought. The petition and
accompanying documents shall conform substantially with the
requirements imposed by the forms mandated by federal law for use in
cases filed by a support enforcement agency.

4926. Upon a finding, which may be made ex parte, that the health,
safety, or liberty of a party or child would be unreasonably put at
risk by the disclosure of identifying information, or if an existing
order so provides, a tribunal shall order that the address of the
child or party or other identifying information not be disclosed in a
pleading or other document filed in a proceeding under this chapter.

4926. If a party alleges in an affidavit or a pleading under
penalty of perjury that the health, safety, or liberty of a party or
child would be jeopardized by disclosure of specific identifying
information, that information shall be sealed and may not be
disclosed to the other party or the public. After a hearing in which
a tribunal takes into consideration the health, safety, or liberty of
the party or child, the tribunal may order disclosure of information
that the tribunal determines to be in the interest of justice.

4927. (a) The petitioner may not be required to pay a filing fee or
other costs.
(b) If an obligee prevails, a responding tribunal may assess
against an obligor filing fees, reasonable attorney's fees, other
costs, and necessary travel and other reasonable expenses incurred by
the obligee and the obligee's witnesses. The tribunal may not assess
fees, costs, or expenses against the obligee or the support
enforcement agency of either the initiating or the responding state,
except as provided by other law. Attorney's fees may be taxed as
costs, and may be ordered paid directly to the attorney, who may
enforce the order in the attorney's own name. Payment of support owed
to the obligee has priority over fees, costs, and expenses.
(c) The tribunal shall order the payment of costs and reasonable
attorney's fees if it determines that a hearing was requested
primarily for delay. In a proceeding under Article 6 (commencing with
Section 4950), a hearing is presumed to have been requested
primarily for delay if a registered support order is confirmed or
enforced without change.

4928. (a) Participation by a petitioner in a proceeding before a
responding tribunal, whether in person, by private attorney, or
through services provided by the support enforcement agency, does not
confer personal jurisdiction over the petitioner in another
proceeding.
(b) A petitioner is not amenable to service of civil process while
physically present in this state to participate in a proceeding
under this chapter.
(c) The immunity granted by this section does not extend to civil
litigation based on acts unrelated to a proceeding under this chapter
committed by a party while present in this state to participate in
the proceeding.

4928. (a) Participation by a petitioner in a proceeding under this
chapter before a responding tribunal, whether in person, by private
attorney, or through services provided by the support enforcement
agency, does not confer personal jurisdiction over the petitioner in
another proceeding.
(b) A petitioner is not amenable to service of civil process while
physically present in this state to participate in a proceeding
under this chapter.
(c) The immunity granted by this section does not extend to civil
litigation based on acts unrelated to a proceeding under this chapter
committed by a party while present in this state to participate in
the proceeding.

4929. A party whose parentage of a child has been previously
determined by or pursuant to law may not plead nonparentage as a
defense to a proceeding under this chapter.

4930. (a) The physical presence of the petitioner in a responding
tribunal of this state is not required for the establishment,
enforcement, or modification of a support order or the rendition of a
judgment determining parentage.
(b) A verified petition, affidavit, document substantially
complying with federally mandated forms, and a document incorporated
by reference in any of them, not excluded under the hearsay rule if
given in person, is admissible in evidence if given under oath by a
party or witness residing in another state.
(c) A copy of the record of child support payments certified as a
true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is evidence of facts
asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage, and for prenatal
and postnatal health care of the mother and child, furnished to the
adverse party at least 10 days before trial, are admissible in
evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from another state to a
tribunal of this state by telephone, telecopier, or other means that
do not provide an original writing may not be excluded from evidence
on an objection based on the means of transmission.
(f) In a proceeding under this chapter, a tribunal of this state
may permit a party or witness residing in another state to be deposed
or to testify by telephone, audiovisual means, or other electronic
means at a designated tribunal or other location in that state. A
tribunal of this state shall cooperate with tribunals of other states
in designating an appropriate location for the deposition or
testimony.
(g) If a party called to testify at a civil hearing refuses to
answer on the ground that the testimony may be self-incriminating,
the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between
spouses does not apply in a proceeding under this chapter.
(i) The defense of immunity based on the relationship of husband
and wife or parent and child does not apply in a proceeding under
this chapter.

4930. (a) The physical presence of a nonresident party who is an
individual in a tribunal of this state is not required for the
establishment, enforcement, or modification of a support order or the
rendition of a judgment determining parentage.
(b) An affidavit, a document substantially complying with
federally mandated forms, or a document incorporated by reference in
any of them, that would not be excluded under the hearsay rule if
given in person, is admissible in evidence if given under penalty of
perjury by a party or witness residing in another state.
(c) A copy of the record of child support payments certified as a
true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is evidence of facts
asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage, and for prenatal
and postnatal health care of the mother and child, furnished to the
adverse party at least 10 days before trial, are admissible in
evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from another state to a
tribunal of this state by telephone, telecopier, or other means that
do not provide an original record may not be excluded from evidence
on an objection based on the means of transmission.
(f) In a proceeding under this chapter, a tribunal of this state
shall permit a party or witness residing in another state to be
deposed or to testify by telephone, audiovisual means, or other
electronic means at a designated tribunal or other location in that
state. A tribunal of this state shall cooperate with tribunals of
other states in designating an appropriate location for the
deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to
answer on the ground that the testimony may be self-incriminating,
the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between
spouses does not apply in a proceeding under this chapter.
(i) The defense of immunity based on the relationship of husband
and wife or parent and child does not apply in a proceeding under
this chapter.
(j) A voluntary acknowledgment of paternity, certified as a true
copy, is admissable to establish parentage of the child.

4931. A tribunal of this state may communicate with a tribunal of
another state in writing, or by telephone or other means, to obtain
information concerning the laws of that state, the legal effect of a
judgment, decree, or order of that tribunal, and the status of a
proceeding in the other state. A tribunal of this state may furnish
similar information by similar means to a tribunal of another state.

4931. A tribunal of this state may communicate with a tribunal of
another state or foreign country or political subdivision in a
record, or by telephone or other means, to obtain information
concerning the laws, the legal effect of a judgment, decree, or order
of that tribunal, and the status of a proceeding in the other state
or foreign country or political subdivision. A tribunal of this state
may furnish similar information by similar means to a tribunal of
another state or foreign country or political subdivision.

4932. A tribunal of this state may do both of the following:
(1) Request a tribunal of another state to assist in obtaining
discovery.
(2) Upon request, compel a person over whom it has jurisdiction to
respond to a discovery order issued by a tribunal of another state.

4933. A support enforcement agency or tribunal of this state shall
disburse promptly any amounts received pursuant to a support order,
as directed by the order. The agency or tribunal shall furnish to a
requesting party or tribunal of another state a certified statement
by the custodian of the record of the amounts and dates of all
payments received.

4933. (a) A support enforcement agency or tribunal of this state
shall disburse promptly any amounts received pursuant to a support
order, as directed by the order. The agency or tribunal shall furnish
to a requesting party or tribunal of another state a certified
statement by the custodian of the record of the amounts and dates of
all payments received.
(b) If neither the obligor, nor the obligee who is an individual,
nor the child resides in this state, upon request from the support
enforcement agency of this state or another state, the support
enforcement agency of this state or a tribunal of this state shall
direct that the support payment be made to the support enforcement
agency in the state in which the obligee is receiving services, and
shall issue and send to the obligor's employer a conforming
income-withholding order or an administrative notice of change of
payee, reflecting the redirected payments.
(c) The support enforcement agency of this state receiving
redirected payments from another state pursuant to a law similar to
subdivision (b) shall furnish to a requesting party or tribunal of
the other state a certified statement by the custodian of the record
of the amount and dates of all payments received.