Trevino Law, Inc.

A Family Law Firm Located in South Orange County

For a family law lawyer call:  949.716.2102

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If you have a crises in your life, chances are, you need a divorce attorney . Whether it is child support , child custody , property division , or spousal support , Trevino Law can help you through. Trevino Law is dedicated to helping individuals through the legal process. If you are facing a family law issue, it is important to contact an attorney even before the petition is filed. 

Uniform Interstate Family Support Act

Also known as UIFSA
Family Code sections 5700.101 - 5700.905

Under UIFSA, a California court can only modify an out of court child support order if all the parties live in this state and the minor child does not live in the issuing state.  
To make an order or enforce an order for child support the family court must have personal jurisdiction over a nonresident. An Orange County family court has jurisidiction over an individual if one of the following occurs:
  • the person is served in this state;
  • the person agrees to personal jurisdiction;
  • the person lived with the child in California;
  • the person lived in this state and paid pretnatal expenses or support for the child;
  • the child resides in this state as a result of the acts or directives of the person;
  • the person engaged in sexual intercourse in the state of California and the child was conceived;
  • the person has filed a voluntary declaration of paternity; or
  • there is any other way consistent with the United States Constitution to establish personal jurisdiction.
Family Code secton 5700.201

When a court establishes personal jurisdiction over an individual under UIFSA, the court continues to have jurisdiction over the person as long as the court has continuing, exclusive jurisidcition to modify or enforce the order for support.  Family Code section 4700.202.

If there are two different states or countries that have concurrent jurisdiction, California may assert jurisdiction after a pleading is filed in a different state if
  • The California pleading is filed before the time expires to respond in the other state;
  • Jurisdiction is filed by the contesting party in the other state; and
  • California is the home state of the child.

California may not assert jurisdiction if
  • The petition in another state 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;
  • The contesting party is challenging California's jurisdiction; and
  • The other state is the child's home state.

Once a child support order is entered, California has continuing, exclusive jurisdiciton to modify child-support order if the order is the controlling order and
  • California is the residence of the person paying child support, person receiving child support or the child; or
  • If no one lives in California, the parties consent to California jurisdiction.
California may not exercise continuing, exclusive jurisdiction if
  • All the paries consent that another state that has jurisdiction over at least one of the party's has jurisdiciton; or
  • California's order its not the controlling order; or
  • Another state court has issued an order that is consistent with UIFSA. 

A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction. 

A judge that has issued a child support order may request a judge of another state to enforce the child support order of this state
  • If it is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction under UIFSA; or
  • An judgment for arrears for support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order. Family Code section 5700.206
CONFLICTING CHILD SUPPORT ORDERS

If only one judge has issued an order under UIFSA, that order must be recognized and enforced in another state.

If two or more child-support orders have been issued, a court of this state having personal jurisdiction over both the obligor and obligee shall apply the following rules
  • If only one of the tribunals would have continuing, exclusive jurisdiction under UIFSA, that order controls.
  • If more than one of the tribunals would have continuing, exclusive jurisdiction, then
    • An order issued by a tribunal in the child's home state controls; or
    • If an order has not been isued in the current home state of the child, the order most recently issued controls.
  • If none of the judges would have continung, exclusive jurisdiction under this part, the tribunal of this state shall issue a child support order that can be enforced.

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. The request may be filed with a registration for enforement or registration for modication. It may also be filed as a separate proceeding. 

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. 

A judge of this state that determines by order which is the controlling order, or that issues a new controlling order shall state in that order:
  • the basis upon which the tribunal made it determination;
  • the amount of prospoective support, if any; and
  • the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited.

Within 30 days after issuance of an order determininig which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issues 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 enforceaility of the controlling order.

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. 

Family Code section 5700.207

Family Code section 5700.608.