BlackletterCalifornia law

PART 6. Uniform Interstate Family Support Act [5700.101. - 5700.905.]

Part 6 added by Stats. 2015, Ch. 493, Sec. 5.

§§ 5700.101–5700.905 · 79 sections

  1. CHAPTER 1. General Provisions §§ 5700.101–5700.105 · 5 sections
    • § 5700.101 (a) This part may be cited as the Uniform Interstate Family Support Act. (b) There is a federal mandate set forth in Section 666(f) of Title 42 of the United…
    • § 5700.102 In this part: (1) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s…
    • § 5700.103 (a) The superior court is the tribunal of this state. (b) The Department of Child Support Services is the support enforcement agency of this state.
    • § 5700.104 (a) Remedies provided by this part are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order…
    • § 5700.105 (a) A tribunal of this state shall apply Chapters 1 through 6 and, as applicable, Chapter 7, to a support proceeding involving: (1) a foreign support order;…
  2. CHAPTER 2. Jurisdiction §§ 5700.201–5700.211 · 11 sections
    • § 5700.201 (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…
    • § 5700.202 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…
    • § 5700.203 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…
    • § 5700.204 (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…
    • § 5700.205 (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…
    • § 5700.206 (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…
    • § 5700.207 (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…
    • § 5700.208 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…
    • § 5700.209 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…
    • § 5700.210 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…
    • § 5700.211 (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…
  3. CHAPTER 3. Civil Provisions of General Application §§ 5700.301–5700.319 · 19 sections
    • § 5700.301 (a) Except as otherwise provided in this part, this chapter applies to all proceedings under this part. (b) An individual petitioner or a support enforcement…
    • § 5700.302 A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child.
    • § 5700.303 Except as otherwise provided in this part, a responding tribunal of this state shall: (1) apply the procedural and substantive law generally applicable to…
    • § 5700.304 (a) Upon the filing of a petition authorized by this part, an initiating tribunal of this state shall forward the petition and its accompanying documents: (1)…
    • § 5700.305 (a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Section…
    • § 5700.306 If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents…
    • § 5700.307 (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this part. (b) A support enforcement…
    • § 5700.308 (a) If the Attorney General or the Department of Child Support Services determines that the support enforcement agency is neglecting or refusing to provide…
    • § 5700.309 An individual may employ private counsel to represent the individual in proceedings authorized by this part.
    • § 5700.310 (a) The Department of Child Support Services is the state information agency under this part. (b) The state information agency shall: (1) compile and maintain…
    • § 5700.311 (a) In a proceeding under this part, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support…
    • § 5700.312 If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of…
    • § 5700.313 (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of this state may assess against…
    • § 5700.314 (a) Participation by a petitioner in a proceeding under this part before a responding tribunal, whether in person, by private attorney, or through services…
    • § 5700.315 A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this part.
    • § 5700.316 (a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or…
    • § 5700.317 A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information…
    • § 5700.318 A tribunal of this state may: (1) request a tribunal outside this state to assist in obtaining discovery; and (2) upon request, compel a person over which it…
    • § 5700.319 (a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order.…
  4. CHAPTER 4. Establishment of Support Order or Determination of Parentage §§ 5700.401–5700.402 · 2 sections
    • § 5700.401 (a) If a support order entitled to recognition under this part has not been issued, a responding tribunal of this state with personal jurisdiction over the…
    • § 5700.402 A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child…
  5. CHAPTER 5. Enforcement of Support Order Without Registration §§ 5700.501–5700.507 · 7 sections
    • § 5700.501 An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as…
    • § 5700.502 (a) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor. (b) The employer shall…
    • § 5700.503 If an obligor’s employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of…
    • § 5700.504 An employer that complies with an income-withholding order issued in another state in accordance with this chapter is not subject to civil liability to an…
    • § 5700.505 An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same…
    • § 5700.506 (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this…
    • § 5700.507 (a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign…
  6. CHAPTER 6. Registration, Enforcement, and Modification of Support Order §§ 5700.601–5700.616 · 16 sections
    1. ARTICLE 1. Registration for Enforcement of Support Order §§ 5700.601–5700.604 · 4 sections
      • § 5700.601 A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
      • § 5700.602 (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…
      • § 5700.603 (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…
      • § 5700.604 (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…
    2. ARTICLE 2. Contest of Validity or Enforcement §§ 5700.605–5700.608 · 4 sections
      • § 5700.605 (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…
      • § 5700.606 (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…
      • § 5700.607 (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…
      • § 5700.608 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…
    3. ARTICLE 3. Registration and Modification of Child-Support Order of Another State §§ 5700.609–5700.614 · 6 sections
      • § 5700.609 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…
      • § 5700.610 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…
      • § 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…
      • § 5700.612 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…
      • § 5700.613 (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…
      • § 5700.614 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…
    4. ARTICLE 4. Registration and Modification of Foreign Child-Support Order §§ 5700.615–5700.616 · 2 sections
      • § 5700.615 (a) Except as otherwise provided in Section 5700.711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant…
      • § 5700.616 A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that…
  7. CHAPTER 7. Support Proceeding Under Convention §§ 5700.701–5700.713 · 13 sections
    • § 5700.701 In this chapter: (1) “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for…
    • § 5700.702 This chapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this chapter is inconsistent with Chapters 1…
    • § 5700.703 The Department of Child Support Services is recognized as the agency designated by the United States central authority to perform specific functions under the…
    • § 5700.704 (a) In a support proceeding under this chapter, the Department of Child Support Services shall: (1) transmit and receive applications; and (2) initiate or…
    • § 5700.705 (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the…
    • § 5700.706 (a) Except as otherwise provided in this chapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support…
    • § 5700.707 (a) Except as otherwise provided in this chapter, Sections 5700.605 through 5700.608 apply to a contest of a registered Convention support order. (b) A party…
    • § 5700.708 (a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order. (b) The…
    • § 5700.709 If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An…
    • § 5700.710 (a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in…
    • § 5700.711 (a) A tribunal of this state may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order…
    • § 5700.712 Personal information gathered or transmitted under this chapter may be used only for the purposes for which it was gathered or transmitted.
    • § 5700.713 A record filed with a tribunal of this state under this chapter must be in the original language and, if not in English, must be accompanied by an English…
  8. CHAPTER 8. Interstate Rendition §§ 5700.801–5700.802 · 2 sections
    • § 5700.801 (a) For purposes of this chapter, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this…
    • § 5700.802 (a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the…
  9. CHAPTER 9. Miscellaneous Provisions §§ 5700.901–5700.905 · 4 sections
    • § 5700.901 In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among…
    • § 5700.902 This part applies to proceedings begun on or after January 1, 2016, to establish a support order or determine parentage of a child or to register, recognize,…
    • § 5700.903 If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications…
    • § 5700.905 The Department of Child Support Services may adopt emergency regulations as appropriate to implement this part.