SECTIONS 5600-5604 - California Statutes

FAMILY.CODE

SECTION 5600-5604

5600. (a) A local child support agency or obligee may register an
order for support or earnings withholding, or both, obtained in
another county of the state.
(b) An obligee may register a support order in the court of
another county of this state in the manner, with the effect, and for
the purposes provided in this part. The orders may be registered in
any county in which the obligor, the obligee, or the child who is the
subject of the order resides, or in any county in which the obligor
has income, assets, or any other property.

5601. (a) When the local child support agency is responsible for
the enforcement of a support order pursuant to Section 17400, the
local child support agency may register a support order made in
another county by utilizing the procedures set forth in Section 5602
or by filing all of the following in the superior court of his or her
county:
(1) An endorsed file copy of the most recent support order or a
copy thereof.
(2) A statement of arrearages, including an accounting of amounts
ordered and paid each month, together with any added costs, fees, and
interest.
(3) A statement prepared by the local child support agency showing
the post office address of the local child support agency, the last
known place of residence or post office address of the obligor; the
most recent address of the obligor set forth in the licensing records
of the Department of Motor Vehicles, if known; and a list of other
states and counties in California that are known to the local child
support agency in which the original order of support and any
modifications are registered.
(b) The filing of the documents described in subdivision (a)
constitutes registration under this chapter.
(c) Promptly upon registration, the local child support agency
shall, in compliance with the requirements of Section 1013 of the
Code of Civil Procedure, or in any other manner as provided by law,
serve the obligor with copies of the documents described in
subdivision (a).
(d) If a motion to vacate registration is filed under Section
5603, any party may introduce into evidence copies of any pleadings,
documents, or orders that have been filed in the original court or
other courts where the support order has been registered or modified.
Certified copies of the documents shall not be required unless a
party objects to the authenticity or accuracy of the document in
which case it shall be the responsibility of the party who is
asserting the authenticity of the document to obtain a certified copy
of the questioned document.
(e) Upon registration, the clerk of the court shall forward a
notice of registration to the courts in other counties and states in
which the original order for support and any modifications were
issued or registered. No further proceedings regarding the obligor's
support obligations shall be filed in other counties.
(f) The procedure prescribed by this section may also be used to
register support or wage and earnings assignment orders of other
California jurisdictions that previously have been registered for
purposes of enforcement only pursuant to the Uniform Interstate
Family Support Act (Chapter 6 (commencing with Section 4900)) in
another California county. The local child support agency may
register such an order by filing an endorsed file copy of the
registered California order plus any subsequent orders, including
procedural amendments.
(g) The Judicial Council shall develop the forms necessary to
effectuate this section. These forms shall be available no later than
July 1, 1998.

5602. (a) An obligee other than the local child support agency may
register an order issued in this state using the same procedures
specified in subdivision (a) of Section 5601, except that the obligee
shall prepare and file the statement of registration. The statement
shall be verified and signed by the obligee showing the mailing
address of the obligee, the last known place of residence or mailing
address of the obligor, and a list of other states and counties in
California in which, to the obligee's knowledge, the original order
of support and any modifications are registered.
(b) Upon receipt of the documents described in subdivision (a) of
Section 5601, the clerk of the court shall file them without payment
of a filing fee or other cost to the obligee. The filing constitutes
registration under this chapter.
(c) Promptly upon registration, the clerk of the court shall send,
by any form of mail requiring a return receipt from the addressee
only, to the obligor at the address given a notice of the
registration with a copy of the registered support order and the post
office address of the obligee. Proof shall be made to the
satisfaction of the court that the obligor personally received the
notice of registration by mail or other method of service. A return
receipt signed by the obligor shall be satisfactory evidence of
personal receipt.

5603. (a) An obligor shall have 20 days after the service of notice
of the registration of a California order of support in which to
file a noticed motion requesting the court to vacate the registration
or for other relief. In an action under this section, there shall be
no joinder of actions, coordination of actions, or cross-complaints,
and the claims or defenses shall be limited strictly to the identity
of the obligor, the validity of the underlying California support
order, or the accuracy of the obligee's statement of the amount of
support remaining unpaid unless the amount has been previously
established by a judgment or order. The obligor shall serve a copy of
the motion, personally or by first-class mail, on the local child
support agency, private attorney representing the obligee, or obligee
representing himself or herself who filed the request for
registration of the order, not less than 15 days prior to the date on
which the motion is to be heard. If service is by mail, Section 1013
of the Code of Civil Procedure applies. If the obligor does not file
the motion within 20 days, the registered California support order
and all other documents filed pursuant to subdivision (a) of Section
5601 or Section 5602 are confirmed.
(b) At the hearing on the motion to vacate the registration of the
order, the obligor may present only matters that would be available
to the obligor as defenses in an action to enforce a support
judgment. If the obligor shows, and the court finds, that an appeal
from the order is pending or that a stay of execution has been
granted, the court shall stay enforcement of the order until the
appeal is concluded, the time for appeal has expired, or the order is
vacated, upon satisfactory proof that the obligor has furnished
security for payment of the support ordered. If the obligor shows,
and the court finds, any ground upon which enforcement of a
California support order may be stayed, the court shall stay
enforcement of the order for an appropriate period if the obligor
furnishes security for payment of support.

5604. A previous determination of paternity made by another state,
whether established through voluntary acknowledgment procedures in
effect in that state or through an administrative or judicial process
shall be given full faith and credit by the courts in this state,
and shall have the same effect as a paternity determination made in
this state and may be enforced and satisfied in a like manner.