SECTIONS 4950-4964 - California Statutes

FAMILY.CODE

SECTION 4950-4964

4950. A support order or an income-withholding order issued by a
tribunal of another state may be registered in this state for
enforcement.

4950. A support order or income-withholding order issued by a
tribunal of another state may be registered in this state for
enforcement.

4951. (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.

4951. (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.

4952. (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.

4953. (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.

4953. (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.

4954. (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).

4954. (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).

4955. (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.

4956. (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.

4956. (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.

4957. 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.

4958. 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.

4959. 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.

4959. 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.

4960. (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.

4960. (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.

4961. 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.

4961. 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.

4962. (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.

4963. 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.

4964. (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.