Article 1. Registration For Enforcement Of Support Order of California Family Law Code >> Division 9. >> Part 6. >> Chapter 6. >> Article 1.
A support order or income-withholding order issued in
another state or a foreign support order may be registered in this
state for enforcement.
(a) Except as otherwise provided in Section 5700.706, a
support order or income-withholding order of another state or a
foreign support order may be registered in this state by sending the
following records 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; and
(5) except as otherwise provided in Section 5700.312, 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 an order of a tribunal
of another state or a foreign support order, 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
must specify the grounds for the remedy sought.
(d) If two or more orders are in effect, the person requesting
registration shall:
(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;
and
(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.
(a) A support order or income-withholding order issued in
another state or a foreign support order is registered when the
order is filed in the registering tribunal of this state.
(b) A registered support order issued in another state or a
foreign country 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 part, a tribunal of this
state shall recognize and enforce, but may not modify, a registered
support order if the issuing tribunal had jurisdiction.
(a) Except as otherwise provided in subsection (d), the
law of the issuing state or foreign country governs:
(1) the nature, extent, amount, and duration of current payments
under a registered support order;
(2) the computation and payment of arrearages and accrual of
interest on the arrearages under the support order; and
(3) 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 or
foreign country, 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 or a
foreign country registered in this state.
(d) After a tribunal of this state 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 or foreign country issuing the controlling
order, including its law on interest on arrears, on current and
future support, and on consolidated arrears.