Article 2. Contest Of Validity Or Enforcement of California Family Law Code >> Division 9. >> Part 6. >> Chapter 6. >> Article 2.
(a) When a support order or income-withholding order
issued in another state or a foreign support order is registered, the
registering tribunal of this state shall notify the nonregistering
party. The notice must be accompanied by a copy of the registered
order and the documents and relevant information accompanying the
(b) A notice must inform the nonregistering party:
(1) that a registered support 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 unless
the registered order is under Section 5700.707;
(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;
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are
in effect, a notice must also:
(1) identify the two or more orders and the order alleged by the
registering party 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 subsection (b) apply to
the determination of which is the controlling order; and
(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 support enforcement agency or the registering
tribunal shall notify the obligor's employer pursuant to Chapter 8
(commencing with Section 5200) of Part 5.
(a) A nonregistering party seeking to contest the
validity or enforcement of a registered support order in this state
shall request a hearing within the time required by Section 5700.605.
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 5700.607.
(b) If the nonregistering party fails to contest the validity or
enforcement of the registered support 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 support 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.
(a) A party contesting the validity or enforcement of a
registered support 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
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this state to the remedy
(6) full or partial payment has been made;
(7) the statute of limitation under Section 5700.604 precludes
enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial
defense under subsection (a), a tribunal may stay enforcement of a
registered support order, continue the proceeding to permit
production of additional relevant evidence, and issue other
appropriate orders. An uncontested portion of the registered support
order may be enforced by all remedies available under the law of this
(c) If the contesting party does not establish a defense under
subsection (a) to the validity or enforcement of a registered support
order, the registering tribunal shall issue an order confirming the
Confirmation of a registered support 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.