Section 5700.611 Of Article 3. Registration And Modification Of Child-support Order Of Another State From California Family Law Code >> Division 9. >> Part 6. >> Chapter 6. >> Article 3.
5700.611
. (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
modification; and
(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
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) 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
jurisdiction.
(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.