Chapter 2. Jurisdiction of California Family Law Code >> Division 9. >> Part 6. >> Chapter 2.
(a) In a proceeding to establish or enforce a support
order or to determine parentage of a child, a tribunal of this state
may exercise personal jurisdiction over a nonresident individual or
the individual's guardian or conservator if:
(1) the individual is personally served with notice within this
state;
(2) the individual submits to the jurisdiction of this state by
consent in a record, by entering a general appearance, or by filing a
responsive document having the effect of waiving any contest to
personal jurisdiction;
(3) the individual resided with the child in this state;
(4) the individual resided in this state and provided prenatal
expenses or support for the child;
(5) the child resides in this state as a result of the acts or
directives of the individual;
(6) the individual engaged in sexual intercourse in this state and
the child may have been conceived by that act of intercourse;
(7) the individual has filed a declaration of paternity pursuant
to Chapter 3 (commencing with Section 7570) of Part 2 of Division 12,
maintained in this state by the Department of Child Support
Services; or
(8) there is any other basis consistent with the constitutions of
this state and the United States for the exercise of personal
jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a)
or in any other law of this state may not be used to acquire
personal jurisdiction for a tribunal of this state to modify a
child-support order of another state unless the requirements of
Section 5700.611 are met, or, in the case of a foreign support order,
unless the requirements of Section 5700.615 are met.
Personal jurisdiction acquired by a tribunal of this
state in a proceeding under this part or other law of this state
relating to a support order continues as long as a tribunal of this
state has continuing, exclusive jurisdiction to modify its order or
continuing jurisdiction to enforce its order as provided by Sections
5700.205, 5700.206, and 5700.211.
Under this part, a tribunal of this state may serve as an
initiating tribunal to forward proceedings to a tribunal of another
state, and as a responding tribunal for proceedings initiated in
another state or a foreign country.
(a) A tribunal of this state may exercise jurisdiction to
establish a support order if the petition or comparable pleading is
filed after a pleading is filed in another state or a foreign country
only if:
(1) the petition or comparable pleading in this state is filed
before the expiration of the time allowed in the other state or the
foreign country for filing a responsive pleading challenging the
exercise of jurisdiction by the other state or the foreign country;
(2) the contesting party timely challenges the exercise of
jurisdiction in the other state or the foreign country; and
(3) if relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction to
establish a support order if the petition or comparable pleading is
filed before a petition or comparable pleading is filed in another
state or a foreign country if:
(1) the petition or comparable pleading in the other state or
foreign country is filed before the expiration of the time allowed in
this state for filing a responsive pleading challenging the exercise
of jurisdiction by this state;
(2) the contesting party timely challenges the exercise of
jurisdiction in this state; and
(3) if relevant, the other state or foreign country is the home
state of the child.
(a) A tribunal of this state that has issued a
child-support order consistent with the law of this state has and
shall exercise continuing, exclusive jurisdiction to modify its
child-support order if the order is the controlling order and:
(1) at the time of the filing of a request for modification this
state is the residence of the obligor, the individual obligee, or the
child for whose benefit the support order is issued; or
(2) even if this state is not the residence of the obligor, the
individual obligee, or the child for whose benefit the support order
is issued, the parties consent in a record or in open court that the
tribunal of this state may continue to exercise jurisdiction to
modify its order.
(b) A tribunal of this state that has issued a child-support order
consistent with the law of this state may not exercise continuing,
exclusive jurisdiction to modify the order if:
(1) all of the parties who are individuals file consent in a
record with the tribunal of this state that a tribunal of another
state that has jurisdiction over at least one of the parties who is
an individual or that is located in the state of residence of the
child may modify the order and assume continuing, exclusive
jurisdiction; or
(2) its order is not the controlling order.
(c) If a tribunal of another state has issued a child-support
order pursuant to the Uniform Interstate Family Support Act or a law
substantially similar to that Act which modifies a child-support
order of a tribunal of this state, tribunals of this state shall
recognize the continuing, exclusive jurisdiction of the tribunal of
the other state.
(d) A tribunal of this state that lacks continuing, exclusive
jurisdiction to modify a child-support order may serve as an
initiating tribunal to request a tribunal of another state to modify
a support order issued in that state.
(e) A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create continuing,
exclusive jurisdiction in the issuing tribunal.
(a) A tribunal of this state that has issued a
child-support order consistent with the law of this state may serve
as an initiating tribunal to request a tribunal of another state to
enforce:
(1) the order if the order is the controlling order and has not
been modified by a tribunal of another state that assumed
jurisdiction pursuant to the Uniform Interstate Family Support Act;
or
(2) a money judgment for arrears of support and interest on the
order accrued before a determination that an order of a tribunal of
another state is the controlling order.
(b) A tribunal of this state having continuing jurisdiction over a
support order may act as a responding tribunal to enforce the order.
(a) If a proceeding is brought under this part and only
one tribunal has issued a child-support order, the order of that
tribunal controls and must be recognized.
(b) If a proceeding is brought under this part, and two or more
child-support orders have been issued by tribunals of this state,
another state, or a foreign country with regard to the same obligor
and same child, a tribunal of this state having personal jurisdiction
over both the obligor and individual obligee shall apply the
following rules and by order shall determine which order controls and
must be recognized:
(1) If only one of the tribunals would have continuing, exclusive
jurisdiction under this part, the order of that tribunal controls.
(2) If more than one of the tribunals would have continuing,
exclusive jurisdiction under this part:
(A) an order issued by a tribunal in the current home state of the
child controls; or
(B) if an order has not been issued in the current home state of
the child, the order most recently issued controls.
(3) If none of the tribunals would have continuing, exclusive
jurisdiction under this part, the tribunal of this state shall issue
a child-support order, which controls.
(c) If two or more child-support orders have been issued for the
same obligor and same child, upon request of a party who is an
individual or that is a support enforcement agency, a tribunal of
this state having personal jurisdiction over both the obligor and the
obligee who is an individual shall determine which order controls
under subsection (b). The request may be filed with a registration
for enforcement or registration for modification pursuant to Chapter
6, or may be filed as a separate proceeding.
(d) A request to determine which is the controlling order must be
accompanied by a copy of every child-support order in effect and the
applicable record of payments. The requesting party shall give notice
of the request to each party whose rights may be affected by the
determination.
(e) The tribunal that issued the controlling order under
subsection (a), (b), or (c) has continuing jurisdiction to the extent
provided in Section 5700.205 or 5700.206.
(f) A tribunal of this state that determines by order which is the
controlling order under subsection (b)(1) or (2) or (c), or that
issues a new controlling order under subsection(b)(3), shall state in
that order:
(1) the basis upon which the tribunal made its determination;
(2) the amount of prospective support, if any; and
(3) the total amount of consolidated arrears and accrued interest,
if any, under all of the orders after all payments made are credited
as provided by Section 5700.209.
(g) Within 30 days after issuance of an order determining which is
the controlling order, the party obtaining the order shall file a
certified copy of it in each tribunal that issued or registered an
earlier order of child support. A party or support enforcement agency
obtaining the order that 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 controlling order.
(h) An order that has been determined to be the controlling order,
or a judgment for consolidated arrears of support and interest, if
any, made pursuant to this section must be recognized in proceedings
under this part.
In responding to registrations or petitions for
enforcement of two or more child-support orders in effect at the same
time with regard to the same obligor and different individual
obligees, at least one of which was issued by a tribunal of another
state or a foreign country, a tribunal of this state shall enforce
those orders in the same manner as if the orders had been issued by a
tribunal of this state.
A tribunal of this state shall credit amounts collected
for a particular period pursuant to any child-support order against
the amounts owed for the same period under any other child-support
order for support of the same child issued by a tribunal of this
state, another state, or a foreign country.
A tribunal of this state exercising personal jurisdiction
over a nonresident in a proceeding under this part, under other law
of this state relating to a support order, or recognizing a foreign
support order may receive evidence from outside this state pursuant
to Section 5700.316, communicate with a tribunal outside this state
pursuant to Section 5700.317, and obtain discovery through a tribunal
outside this state pursuant to Section 5700.318. In all other
respects, Chapters 3 through 6 do not apply, and the tribunal shall
apply the procedural and substantive law of this state.
(a) A tribunal of this state issuing a spousal-support
order consistent with the law of this state has continuing, exclusive
jurisdiction to modify the spousal-support order throughout the
existence of the support obligation.
(b) A tribunal of this state may not modify a spousal-support
order issued by a tribunal of another state or a foreign country
having continuing, exclusive jurisdiction over that order under the
law of that state or foreign country.
(c) A tribunal of this state that has continuing, exclusive
jurisdiction over a spousal-support order may serve as:
(1) an initiating tribunal to request a tribunal of another state
to enforce the spousal-support order issued in this state; or
(2) a responding tribunal to enforce or modify its own
spousal-support order.