Article 3. Registration And Modification Of Child-support Order Of Another State of California Family Law Code >> Division 9. >> Part 6. >> Chapter 6. >> Article 3.
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 Sections 5700.601 through 5700.608 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 must
specify the grounds for modification.
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 support order may be modified only if the
requirements of Section 5700.611 or 5700.613 have been met.
(a) If Section 5700.613 does not apply, upon petition a
tribunal of this state may modify a child-support order issued in
another state which is registered in this state if, after notice and
hearing, the tribunal finds that:
(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
(C) the respondent is subject to the personal jurisdiction of the
tribunal of this state; or
(2) this state is the 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
(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, 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 must be so
recognized under Section 5700.207 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 the issuance of an order by a tribunal of this state
modifying a child-support order issued in another state, the tribunal
of this state becomes the tribunal having continuing, exclusive
(f) Notwithstanding subsections (a) through (e) and Section
5700.201(b), a tribunal of this state retains jurisdiction to modify
an order issued by a tribunal of this state if:
(1) one party resides in another state; and
(2) the other party resides outside the United States.
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:
(1) may enforce its order that was modified only as to arrears and
interest accruing before the modification;
(2) may provide appropriate relief for violations of its order
which occurred before the effective date of the modification; and
(3) shall recognize the modifying order of the other state, upon
registration, for the purpose of enforcement.
(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
(b) A tribunal of this state exercising jurisdiction under this
section shall apply the provisions of Chapters 1 and 2, and this
chapter, and the procedural and substantive law of this state to the
proceeding for enforcement or modification. Chapters 3, 4, 5, 7, and
8 do not apply.
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.