Bill Text: CA SB646 | 2015-2016 | Regular Session | Chaptered
Bill Title: Uniform Interstate Family Support Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-04 - Chaptered by Secretary of State. Chapter 493, Statutes of 2015. [SB646 Detail]
Download: California-2015-SB646-Chaptered.html
BILL NUMBER: SB 646 CHAPTERED
BILL TEXT
CHAPTER 493
FILED WITH SECRETARY OF STATE OCTOBER 4, 2015
APPROVED BY GOVERNOR OCTOBER 4, 2015
PASSED THE SENATE SEPTEMBER 3, 2015
PASSED THE ASSEMBLY SEPTEMBER 2, 2015
AMENDED IN ASSEMBLY AUGUST 31, 2015
AMENDED IN ASSEMBLY JUNE 24, 2015
INTRODUCED BY Senator Jackson
FEBRUARY 27, 2015
An act to amend Section 1731 of the Code of Civil Procedure, to
amend Sections 5260, 5601, 17212, 17406, and 17505 of, to add Part 6
(commencing with Section 5700.101) to Division 9 of, to add Sections
17404.1, 17404.2, 17404.3, 17404.4, and 17407.5 to, to repeal Chapter
6 (commencing with Section 4900) of Part 5 of Division 9 of, and to
repeal Section 6322.5 of, the Family Code, to amend Section 11478.1
of the Welfare and Institutions Code, and to repeal Chapter 349 of
the Statutes of 2002, relating to family support.
LEGISLATIVE COUNSEL'S DIGEST
SB 646, Jackson. Uniform Interstate Family Support Act.
The Uniform Interstate Family Support Act (UIFSA) governs the
establishment, enforcement, and modification of interstate child and
spousal support orders by providing jurisdictional standards and
rules for determining which state's order is a controlling order and
whether a tribunal of this state may exercise continuing, exclusive
jurisdiction over a support proceeding.
Existing law requires the Department of Child Support Services to
administer services relating to the collection and distribution of
child support throughout the state. Existing law also requires each
county to maintain a local child support agency that is responsible
for establishing, modifying, and enforcing child support obligations.
This bill would revise and recast UIFSA to provide guidelines for
the registration, recognition, enforcement, and modification of
foreign support orders from countries that are parties to the Hague
Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance. The bill would identify the Department
of Child Support Services as the agency designated by the United
States central authority, as defined, to perform specific functions
under the convention. Because the bill would impose new duties on
local child support agencies, the bill would impose a state-mandated
local program. Among other things, the bill would clarify how a
tribunal retains continuing, exclusive jurisdiction and would revise
the procedures for determining which order is the controlling order
in an interstate or international support proceeding.
Existing law sets forth provisions to implement amendments to
UIFSA that were promulgated by the National Conference of
Commissioners on Uniform State Laws in 2001, but makes those
provisions inoperative until Congress amends federal law to authorize
or require the adoption of the 2001 version of UIFSA or the federal
Office of Child Support Enforcement or the United States Secretary of
Health and Human Services approves a waiver, exemption, finding, or
other indicia of regulatory approval of the 2001 version of UIFSA,
whichever occurs first.
This bill would delete those provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1731 of the Code of Civil Procedure is amended
to read:
1731. (a) This title governs the procedures by which the superior
courts of the State of California recognize and enter tribal court
money judgments of any federally recognized Indian tribe.
Determinations regarding recognition and entry of a tribal court
money judgment pursuant to state law shall have no effect upon the
independent authority of that judgment. To the extent not
inconsistent with this title, the Code of Civil Procedure shall
apply.
(b) This title does not apply to any of the following tribal court
money judgments:
(1) For taxes, fines, or other penalties.
(2) For which federal law requires that states grant full faith
and credit recognition, including child support orders under the Full
Faith and Credit for Child Support Orders Act (28 U.S.C. Sec.
1738B).
(3) For which state law provides for recognition, including child
support orders recognized under the Uniform Child Custody
Jurisdiction and Enforcement Act (Part 3 (commencing with Section
3400) of Division 8 of the Family Code), other forms of family
support orders under the Uniform Interstate Family Support Act (Part
6 (commencing with Section 5700.101) of Division 9 of the Family
Code).
(4) For decedents' estates, guardianships, conservatorships,
internal affairs of trusts, powers of attorney, or other tribal court
money judgments that arise in proceedings that are or would be
governed by the Probate Code.
(c) Nothing in this title shall be deemed or construed to expand
or limit the jurisdiction of either the state or any Indian tribe.
SEC. 2. Chapter 6 (commencing with Section 4900) of Part 5 of
Division 9 of the Family Code is repealed.
SEC. 3. Section 5260 of the Family Code is amended to read:
5260. (a) The court may order that service of the assignment
order be stayed only if the court makes a finding of good cause or if
an alternative arrangement exists for payment in accordance with
paragraph (2) of subdivision (b). Notwithstanding any other provision
of law, service of wage assignments issued for foreign orders for
support, and service of foreign orders for the assignment of wages
registered pursuant to Chapter 6 (commencing with Section 5700.601)
of Part 6 shall not be stayed pursuant to this subdivision.
(b) For purposes of this section, good cause or an alternative
arrangement for staying an assignment order is as follows:
(1) Good cause for staying a wage assignment exists only when all
of the following conditions exist:
(A) The court provides a written explanation of why the stay of
the wage assignment would be in the best interests of the child.
(B) The obligor has a history of uninterrupted, full, and timely
payment, other than through a wage assignment or other mandatory
process of previously ordered support, during the previous 12 months.
(C) The obligor does not owe an arrearage for prior support.
(D) The obligor proves, and the court finds, by clear and
convincing evidence that service of the wage assignment would cause
extraordinary hardship upon the obligor. Whenever possible, the court
shall specify a date that any stay ordered under this section will
automatically terminate.
(2) An alternative arrangement for staying a wage assignment order
shall require a written agreement between the parties that provides
for payment of the support obligation as ordered other than through
the immediate service of a wage assignment. Any agreement between the
parties which includes the staying of a service of a wage assignment
shall include the concurrence of the local child support agency in
any case in which support is ordered to be paid through a county
officer designated for that purpose. The execution of an agreement
pursuant to this paragraph shall not preclude a party from thereafter
seeking a wage assignment in accordance with the procedures
specified in Section 5261 upon violation of the agreement.
SEC. 4. Section 5601 of the Family Code is amended to read:
5601. (a) When the local child support agency is responsible for
the enforcement of a support order pursuant to Section 17400, the
local child support agency may register a support order made in
another county by utilizing the procedures set forth in Section 5602
or by filing all of the following in the superior court of his or her
county:
(1) An endorsed file copy of the most recent support order or a
copy thereof.
(2) A statement of arrearages, including an accounting of amounts
ordered and paid each month, together with any added costs, fees, and
interest.
(3) A statement prepared by the local child support agency showing
the post office address of the local child support agency, the last
known place of residence or post office address of the obligor; the
most recent address of the obligor set forth in the licensing records
of the Department of Motor Vehicles, if known; and a list of other
states and counties in California that are known to the local child
support agency in which the original order of support and any
modifications are registered.
(b) The filing of the documents described in subdivision (a)
constitutes registration under this chapter.
(c) Promptly upon registration, the local child support agency
shall, in compliance with the requirements of Section 1013 of the
Code of Civil Procedure, or in any other manner as provided by law,
serve the obligor with copies of the documents described in
subdivision (a).
(d) If a motion to vacate registration is filed under Section
5603, any party may introduce into evidence copies of any pleadings,
documents, or orders that have been filed in the original court or
other courts where the support order has been registered or modified.
Certified copies of the documents shall not be required unless a
party objects to the authenticity or accuracy of the document in
which case it shall be the responsibility of the party who is
asserting the authenticity of the document to obtain a certified copy
of the questioned document.
(e) Upon registration, the clerk of the court shall forward a
notice of registration to the courts in other counties and states in
which the original order for support and any modifications were
issued or registered. No further proceedings regarding the obligor's
support obligations shall be filed in other counties.
(f) The procedure prescribed by this section may also be used to
register support or wage and earnings assignment orders of other
California jurisdictions that previously have been registered for
purposes of enforcement only pursuant to the Uniform Interstate
Family Support Act (Part 6 (commencing with Section 5700.101)) in
another California county. The local child support agency may
register such an order by filing an endorsed file copy of the
registered California order plus any subsequent orders, including
procedural amendments.
(g) The Judicial Council shall develop the forms necessary to
effectuate this section. These forms shall be available no later than
July 1, 1998.
SEC. 5. Part 6 (commencing with Section 5700.101) is added to
Division 9 of the Family Code, to read:
PART 6. Uniform Interstate Family Support Act
CHAPTER 1. GENERAL PROVISIONS
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 States Code requiring California to adopt and
have in effect the Uniform Interstate Family Support Act, including
any amendments officially adopted by the National Council of
Commissioners on Uniform State Laws as of September 30, 2008.
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 parent or who is or is alleged to be the beneficiary of
a support order directed to the parent.
(2) "Child-support order" means a support order for a child,
including a child who has attained the age of majority under the law
of the issuing state or foreign country.
(3) "Convention" means the Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance,
concluded at The Hague on November 23, 2007.
(4) "Duty of support" means an obligation imposed or imposable by
law to provide support for a child, spouse, or former spouse,
including an unsatisfied obligation to provide support.
(5) "Foreign country" means a country, including a political
subdivision thereof, other than the United States, that authorizes
the issuance of support orders and:
(A) Which has been declared under the law of the United States to
be a foreign reciprocating country;
(B) Which has established a reciprocal arrangement for child
support with this state as provided in Section 5700.308;
(C) Which has enacted a law or established procedures for the
issuance and enforcement of support orders which are substantially
similar to the procedures under this part; or
(D) In which the Convention is in force with respect to the United
States.
(6) "Foreign support order" means a support order of a foreign
tribunal.
(7) "Foreign tribunal" means a court, administrative agency, or
quasi-judicial entity of a foreign country which is authorized to
establish, enforce, or modify support orders or to determine
parentage of a child. The term includes a competent authority under
the Convention.
(8) "Home state" means the state or foreign country in which a
child lived with a parent or a person acting as parent for at least
six consecutive months immediately preceding the time of filing of a
petition or comparable pleading for support and, if a child is less
than six months old, the state or foreign country in which the child
lived from birth with any of them. A period of temporary absence of
any of them is counted as part of the six-month or other period.
(9) "Income" includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding
for support under the law of this state.
(10) "Income-withholding order" means an order or other legal
process directed to an obligor's employer, or other debtor, as
defined by Section 5208, to withhold support from the income of the
obligor.
(11) "Initiating tribunal" means the tribunal of a state or
foreign country from which a petition or comparable pleading is
forwarded or in which a petition or comparable pleading is filed for
forwarding to another state or foreign country.
(12) "Issuing foreign country" means the foreign country in which
a tribunal issues a support order or a judgment determining parentage
of a child.
(13) "Issuing state" means the state in which a tribunal issues a
support order or a judgment determining parentage of a child.
(14) "Issuing tribunal" means the tribunal of a state or foreign
country that issues a support order or a judgment determining
parentage of a child.
(15) "Law" includes decisional and statutory law and rules and
regulations having the force of law.
(16) "Obligee" means:
(A) an individual to whom a duty of support is or is alleged to be
owed or in whose favor a support order or a judgment determining
parentage of a child has been issued;
(B) a foreign country, state, or political subdivision of a state
to which the rights under a duty of support or support order have
been assigned or which has independent claims based on financial
assistance provided to an individual obligee in place of child
support;
(C) an individual seeking a judgment determining parentage of the
individual's child; or
(D) a person that is a creditor in a proceeding under Chapter 7.
(17) "Obligor" means an individual, or the estate of a decedent
that:
(A) owes or is alleged to owe a duty of support;
(B) is alleged but has not been adjudicated to be a parent of a
child;
(C) is liable under a support order; or
(D) is a debtor in a proceeding under Chapter 7.
(18) "Outside this state" means a location in another state or a
country other than the United States, whether or not the country is a
foreign country.
(19) "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government or governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity.
(20) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(21) "Register" means to file in a tribunal of this state a
support order or judgment determining parentage of a child issued in
another state or a foreign country.
(22) "Registering tribunal" means a tribunal in which a support
order or judgment determining parentage of a child is registered.
(23) "Responding state" means a state in which a petition or
comparable pleading for support or to determine parentage of a child
is filed or to which a petition or comparable pleading is forwarded
for filing from another state or a foreign country.
(24) "Responding tribunal" means the authorized tribunal in a
responding state or foreign country.
(25) "Spousal-support order" means a support order for a spouse or
former spouse of the obligor.
(26) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession under the jurisdiction of the United
States. The term includes an Indian nation or tribe.
(27) "Support enforcement agency" means a public official,
governmental entity, or private agency authorized to:
(A) seek enforcement of support orders or laws relating to the
duty of support;
(B) seek establishment or modification of child support;
(C) request determination of parentage of a child;
(D) attempt to locate obligors or their assets; or
(E) request determination of the controlling child-support order.
(28) "Support order" means a judgment, decree, order, decision, or
directive, whether temporary, final, or subject to modification,
issued in a state or foreign country for the benefit of a child, a
spouse, or a former spouse, which provides for monetary support,
health care, arrearages, retroactive support, or reimbursement for
financial assistance provided to an individual obligee in place of
child support. The term may include related costs and fees, interest,
income withholding, automatic adjustment, reasonable attorney's
fees, and other relief.
(29) "Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify
support orders or to determine parentage of a child.
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 on the basis of comity.
(b) This part does not:
(1) provide the exclusive method of establishing or enforcing a
support order under the law of this state; or
(2) grant a tribunal of this state jurisdiction to render judgment
or issue an order relating to child custody or visitation in a
proceeding under this part.
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) a foreign tribunal; or
(3) an obligee, obligor, or child residing in a foreign country.
(b) A tribunal of this state that is requested to recognize and
enforce a support order on the basis of comity may apply the
procedural and substantive provisions of Chapters 1 through 6.
(c) Chapter 7 applies only to a support proceeding under the
Convention. In such a proceeding, if a provision of Chapter 7 is
inconsistent with Chapters 1 through 6, Chapter 7 controls.
CHAPTER 2. JURISDICTION
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 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.
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 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.
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 tribunal for proceedings initiated
in another state or a foreign country.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
CHAPTER 3. CIVIL PROVISIONS OF GENERAL APPLICATION
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 agency may
initiate a proceeding authorized under this part by filing a petition
in an initiating tribunal for forwarding to a responding tribunal or
by filing a petition or a comparable pleading directly in a tribunal
of another state or a foreign country which has or can obtain
personal jurisdiction over the respondent.
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 similar proceedings originating in this state and may exercise all
powers and provide all remedies available in those proceedings; and
(2) determine the duty of support and the amount payable in
accordance with the law and support guidelines of this state.
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) to the responding tribunal or appropriate support enforcement
agency in the responding state; or
(2) if the identity of the responding tribunal is unknown, to the
state information agency of the responding state with a request that
they be forwarded to the appropriate tribunal and that receipt be
acknowledged.
(b) If requested by the responding tribunal, a tribunal of this
state shall issue a certificate or other document and make findings
required by the law of the responding state. If the responding
tribunal is in a foreign country, upon request the tribunal of this
state shall specify the amount of support sought, convert that amount
into the equivalent amount in the foreign currency under applicable
official or market exchange rate as publicly reported, and provide
any other documents necessary to satisfy the requirements of the
responding foreign tribunal.
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 5700.301(b), it shall cause the petition
or pleading to be filed and notify the petitioner where and when it
was filed.
(b) A responding tribunal of this state, to the extent not
prohibited by other law, may do one or more of the following:
(1) establish or enforce a support order, modify a child-support
order, determine the controlling child-support order, or determine
parentage of a child;
(2) order an obligor to comply with a support order, specifying
the amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages, and specify a method
of payment;
(5) enforce orders by civil or criminal contempt, or both;
(6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;
(8) order an obligor to keep the tribunal informed of the obligor'
s current residential address, electronic-mail address, telephone
number, employer, address of employment, and telephone number at the
place of employment;
(9) issue a bench warrant for an obligor who has failed after
proper notice to appear at a hearing ordered by the tribunal and
enter the bench warrant in any local and state computer systems for
criminal warrants;
(10) order the obligor to seek appropriate employment by specified
methods;
(11) award reasonable attorney's fees and other fees and costs;
and
(12) grant any other available remedy.
(c) A responding tribunal of this state shall include in a support
order issued under this part, or in the documents accompanying the
order, the calculations on which the support order is based.
(d) A responding tribunal of this state may not condition the
payment of a support order issued under this part upon compliance by
a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order under
this part, the tribunal shall send a copy of the order to the
petitioner and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment
or modify a support order stated in a foreign currency, a responding
tribunal of this state shall convert the amount stated in the foreign
currency to the equivalent amount in dollars under the applicable
official or market exchange rate as publicly reported.
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 to an appropriate tribunal of
this state or another state and notify the petitioner where and when
the pleading was sent.
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 agency of this state that is providing
services to the petitioner shall:
(1) take all steps necessary to enable an appropriate tribunal of
this state, another state, or a foreign country to obtain
jurisdiction over the respondent;
(2) request an appropriate tribunal to set a date, time, and place
for a hearing;
(3) make a reasonable effort to obtain all relevant information,
including information as to income and property of the parties;
(4) within 14 days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of notice in a record from an initiating,
responding, or registering tribunal, send a copy of the notice to the
petitioner;
(5) within 14 days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of communication in a record from the
respondent or the respondent's attorney, send a copy of the
communication to the petitioner; and
(6) notify the petitioner if jurisdiction over the respondent
cannot be obtained.
(c) A support enforcement agency of this state that requests
registration of a child-support order in this state for enforcement
or for modification shall make reasonable efforts:
(1) to ensure that the order to be registered is the controlling
order; or
(2) if two or more child-support orders exist and the identity of
the controlling order has not been determined, to ensure that a
request for such a determination is made in a tribunal having
jurisdiction to do so.
(d) A support enforcement agency of this state that requests
registration and enforcement of a support order, arrears, or judgment
stated in a foreign currency shall convert the amounts stated in the
foreign currency into the equivalent amounts in dollars under the
applicable official or market exchange rate as publicly reported.
(e) A support enforcement agency of this state shall issue or
request a tribunal of this state to issue a child-support order and
an income-withholding order that redirect payment of current support,
arrears, and interest if requested to do so by a support enforcement
agency of another state pursuant to Section 5700.319.
(f) This part does not create or negate a relationship of attorney
and client or other fiduciary relationship between a support
enforcement agency or the attorney for the agency and the individual
being assisted by the agency.
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 services to an individual, the
Attorney General or the department may order the agency to perform
its duties under this part or may provide those services directly to
the individual.
(b) The Department of Child Support Services, in consultation with
the Attorney General, may determine that a foreign country has
established a reciprocal arrangement for child support with this
state and take appropriate action for notification of the
determination.
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 a current list, including addresses, of
the tribunals in this state which have jurisdiction under this part
and any support enforcement agencies in this state and transmit a
copy to the state information agency of every other state;
(2) maintain a register of names and addresses of tribunals and
support enforcement agencies received from other states;
(3) forward to the appropriate tribunal in the county in this
state in which the obligee who is an individual or the obligor
resides, or in which the obligor's property is believed to be
located, all documents concerning a proceeding under this part
received from another state or a foreign country; and
(4) obtain information concerning the location of the obligor and
the obligor's property within this state not exempt from execution,
by such means as postal verification and federal or state locator
services, examination of telephone directories, requests for the
obligor's address from employers, and examination of governmental
records, including, to the extent not prohibited by other law, those
relating to real property, vital statistics, law enforcement,
taxation, motor vehicles, driver's licenses, and social security.
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 order of a tribunal of
another state or a foreign country must file a petition. Unless
otherwise ordered under Section 5700.312, the petition or
accompanying documents must provide, so far as known, the name,
residential address, and social security numbers of the obligor and
the obligee or the parent and alleged parent, and the name, sex,
residential address, social security number, and date of birth of
each child for whose benefit support is sought or whose parentage is
to be determined. Unless filed at the time of registration, the
petition must be accompanied by a copy of any support order known to
have been issued by another tribunal. The petition may include any
other information that may assist in locating or identifying the
respondent.
(b) The petition must specify the relief sought. The petition and
accompanying documents must conform substantially with the
requirements imposed by the forms mandated by federal law for use in
cases filed by a support enforcement agency.
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 specific identifying information, that
information must be sealed and may not be disclosed to the other
party or the public. After a hearing in which a tribunal takes into
consideration the health, safety, or liberty of the party or child,
the tribunal may order disclosure of information that the tribunal
determines to be in the interest of justice.
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 an obligor filing fees, reasonable attorney's
fees, other costs, and necessary travel and other reasonable expenses
incurred by the obligee and the obligee's witnesses. The tribunal
may not assess fees, costs, or expenses against the obligee or the
support enforcement agency of either the initiating or responding
state or foreign country, except as provided by other law. Attorney's
fees may be taxed as costs, and may be ordered paid directly to the
attorney, who may enforce the order in the attorney's own name.
Payment of support owed to the obligee has priority over fees, costs,
and expenses.
(c) The tribunal shall order the payment of costs and reasonable
attorney's fees if it determines that a hearing was requested
primarily for delay. In a proceeding under Chapter 6, a hearing is
presumed to have been requested primarily for delay if a registered
support order is confirmed or enforced without change.
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 provided by the support
enforcement agency, does not confer personal jurisdiction over the
petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process while
physically present in this state to participate in a proceeding
under this part.
(c) The immunity granted by this section does not extend to civil
litigation based on acts unrelated to a proceeding under this part
committed by a party while physically present in this state to
participate in the proceeding.
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 modification of a support order or the
rendition of a judgment determining parentage of a child.
(b) An affidavit, a document substantially complying with
federally mandated forms, or a document incorporated by reference in
any of them, which would not be excluded under the hearsay rule if
given in person, is admissible in evidence if given under penalty of
perjury by a party or witness residing outside this state.
(c) A copy of the record of child-support payments certified as a
true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is evidence of facts
asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage of a child, and for
prenatal and postnatal health care of the mother and child, furnished
to the adverse party at least 10 days before trial, are admissible
in evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from outside this state to a
tribunal of this state by telephone, telecopier, or other electronic
means that do not provide an original record may not be excluded from
evidence on an objection based on the means of transmission.
(f) In a proceeding under this part, a tribunal of this state
shall permit a party or witness residing outside this state to be
deposed or to testify under penalty of perjury by telephone,
audiovisual means, or other electronic means at a designated tribunal
or other location. A tribunal of this state shall cooperate with
other tribunals in designating an appropriate location for the
deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to
answer on the ground that the testimony may be self-incriminating,
the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between
spouses does not apply in a proceeding under this part.
(i) The defense of immunity based on the relationship of husband
and wife or parent and child does not apply in a proceeding under
this part.
(j) A voluntary acknowledgment of paternity, certified as a true
copy, is admissible to establish parentage of the child.
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 concerning the laws, the
legal effect of a judgment, decree, or order of that tribunal, and
the status of a proceeding. A tribunal of this state may furnish
similar information by similar means to a tribunal outside this
state.
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 has jurisdiction
to respond to a discovery order issued by a tribunal outside this
state.
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. The agency or tribunal shall
furnish to a requesting party or tribunal of another state or a
foreign country a certified statement by the custodian of the record
of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is an individual,
nor the child resides in this state, upon request from the support
enforcement agency of this state or another state, the Department of
Child Support Services or a tribunal of this state shall:
(1) direct that the support payment be made to the support
enforcement agency in the state in which the obligee is receiving
services; and
(2) issue and send to the obligor's employer a conforming
income-withholding order or an administrative notice of change of
payee, reflecting the redirected payments.
(c) The support enforcement agency of this state receiving
redirected payments from another state pursuant to a law similar to
subsection (b) shall furnish to a requesting party or tribunal of the
other state a certified statement by the custodian of the record of
the amount and dates of all payments received.
CHAPTER 4. ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF
PARENTAGE
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 parties may issue a support order
if:
(1) the individual seeking the order resides outside this state;
or
(2) the support enforcement agency seeking the order is located
outside this state.
(b) The tribunal may issue a temporary child-support order if the
tribunal determines that such an order is appropriate and the
individual ordered to pay is:
(1) a presumed father of the child;
(2) petitioning to have his paternity adjudicated;
(3) identified as the father of the child through genetic testing;
(4) an alleged father who has declined to submit to genetic
testing;
(5) shown by clear and convincing evidence to be the father of the
child;
(6) an acknowledged father as provided by applicable state law;
(7) the mother of the child; or
(8) an individual who has been ordered to pay child support in a
previous proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard, that
an obligor owes a duty of support, the tribunal shall issue a support
order directed to the obligor and may issue other orders pursuant to
Section 5700.305.
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 brought under this part
or a law or procedure substantially similar to this part.
CHAPTER 5. ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION
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 the obligor's employer
under Section 5210 without first filing a petition or comparable
pleading or registering the order with a tribunal of this state.
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 treat an income-withholding order issued in
another state which appears regular on its face as if it had been
issued by a tribunal of this state.
(c) Except as otherwise provided in subsection (d) and Section
5700.503, the employer shall withhold and distribute the funds as
directed in the withholding order by complying with terms of the
order which specify:
(1) the duration and amount of periodic payments of current child
support, stated as a sum certain;
(2) the person designated to receive payments and the address to
which the payments are to be forwarded;
(3) medical support, whether in the form of periodic cash payment,
stated as a sum certain, or ordering the obligor to provide health
insurance coverage for the child under a policy available through the
obligor's employment;
(4) the amount of periodic payments of fees and costs for a
support enforcement agency, the issuing tribunal, and the obligee's
attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and interest on
arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the
obligor's principal place of employment for withholding from income
with respect to:
(1) the employer's fee for processing an income-withholding order;
(2) the maximum amount permitted to be withheld from the obligor's
income; and
(3) the times within which the employer must implement the
withholding order and forward the child-support payment.
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 the orders if the
employer complies with the law of the state of the obligor's
principal place of employment to establish the priorities for
withholding and allocating income withheld for two or more
child-support obligees.
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 individual or agency with regard to
the employer's withholding of child support from the obligor's
income.
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 penalties that may be imposed for
noncompliance with an order issued by a tribunal of this state.
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 state by registering the order in a
tribunal of this state and filing a contest to that order as provided
in Chapter 6, or otherwise contesting the order in the same manner
as if the order had been issued by a tribunal of this state.
(b) The obligor shall give notice of the contest to:
(1) a support enforcement agency providing services to the
obligee;
(2) each employer that has directly received an income-withholding
order relating to the obligor; and
(3) the person designated to receive payments in the
income-withholding order or, if no person is designated, to the
obligee.
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 support order may send the
documents required for registering the order to a support enforcement
agency of this state.
(b) Upon receipt of the documents, the support enforcement agency,
without initially seeking to register the order, shall consider and,
if appropriate, use any administrative procedure authorized by the
law of this state to enforce a support order or an income-withholding
order, or both. If the obligor does not contest administrative
enforcement, the order need not be registered. If the obligor
contests the validity or administrative enforcement of the order, the
support enforcement agency shall register the order pursuant to this
part.
CHAPTER 6. REGISTRATION, ENFORCEMENT, AND MODIFICATION OF
SUPPORT ORDER
Article 1. Registration for Enforcement of Support Order
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 in this state by sending the
following records to the appropriate tribunal in this state:
(1) a letter of transmittal to the tribunal requesting
registration and enforcement;
(2) two copies, including one certified copy, of the order to be
registered, including any modification of the order;
(3) a sworn statement by the person requesting registration or a
certified statement by the custodian of the records showing the
amount of any arrearage;
(4) the name of the obligor and, if known:
(A) the obligor's address and social security number;
(B) the name and address of the obligor's employer and any other
source of income of the obligor; and
(C) a description and the location of property of the obligor in
this state not exempt from execution; and
(5) except as otherwise provided in Section 5700.312, the name and
address of the obligee and, if applicable, the person to whom
support payments are to be remitted.
(b) On receipt of a
request for registration, the registering tribunal shall cause the
order to be filed as an order of a tribunal of another state or a
foreign support order, together with one copy of the documents and
information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must
be affirmatively sought under other law of this state may be filed at
the same time as the request for registration or later. The pleading
must specify the grounds for the remedy sought.
(d) If two or more orders are in effect, the person requesting
registration shall:
(1) furnish to the tribunal a copy of every support order asserted
to be in effect in addition to the documents specified in this
section;
(2) specify the order alleged to be the controlling order, if any;
and
(3) specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling
order may be filed separately or with a request for registration and
enforcement or for registration and modification. The person
requesting registration shall give notice of the request to each
party whose rights may be affected by the determination.
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 tribunal of this state.
(b) A registered support order issued in another state or a
foreign country is enforceable in the same manner and is subject to
the same procedures as an order issued by a tribunal of this state.
(c) Except as otherwise provided in this part, a tribunal of this
state shall recognize and enforce, but may not modify, a registered
support order if the issuing tribunal had jurisdiction.
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 current payments
under a registered support order;
(2) the computation and payment of arrearages and accrual of
interest on the arrearages under the support order; and
(3) the existence and satisfaction of other obligations under the
support order.
(b) In a proceeding for arrears under a registered support order,
the statute of limitation of this state, or of the issuing state or
foreign country, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures
and remedies of this state to enforce current support and collect
arrears and interest due on a support order of another state or a
foreign country registered in this state.
(d) After a tribunal of this state or another state determines
which is the controlling order and issues an order consolidating
arrears, if any, a tribunal of this state shall prospectively apply
the law of the state or foreign country issuing the controlling
order, including its law on interest on arrears, on current and
future support, and on consolidated arrears.
Article 2. Contest of Validity or Enforcement
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 shall notify the nonregistering
party. The notice must be accompanied by a copy of the registered
order and the documents and relevant information accompanying the
order.
(b) A notice must inform the nonregistering party:
(1) that a registered support order is enforceable as of the date
of registration in the same manner as an order issued by a tribunal
of this state;
(2) that a hearing to contest the validity or enforcement of the
registered order must be requested within 20 days after notice unless
the registered order is under Section 5700.707;
(3) that failure to contest the validity or enforcement of the
registered order in a timely manner will result in confirmation of
the order and enforcement of the order and the alleged arrearages;
and
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are
in effect, a notice must also:
(1) identify the two or more orders and the order alleged by the
registering party to be the controlling order and the consolidated
arrears, if any;
(2) notify the nonregistering party of the right to a
determination of which is the controlling order;
(3) state that the procedures provided in subsection (b) apply to
the determination of which is the controlling order; and
(4) state that failure to contest the validity or enforcement of
the order alleged to be the controlling order in a timely manner may
result in confirmation that the order is the controlling order.
(d) Upon registration of an income-withholding order for
enforcement, the support enforcement agency or the registering
tribunal shall notify the obligor's employer pursuant to Chapter 8
(commencing with Section 5200) of Part 5.
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 required by Section 5700.605.
The nonregistering party may seek to vacate the registration, to
assert any defense to an allegation of noncompliance with the
registered order, or to contest the remedies being sought or the
amount of any alleged arrearages pursuant to Section 5700.607.
(b) If the nonregistering party fails to contest the validity or
enforcement of the registered support order in a timely manner, the
order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the
validity or enforcement of the registered support order, the
registering tribunal shall schedule the matter for hearing and give
notice to the parties of the date, time, and place of the hearing.
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 the following defenses:
(1) the issuing tribunal lacked personal jurisdiction over the
contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later
order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this state to the remedy
sought;
(6) full or partial payment has been made;
(7) the statute of limitation under Section 5700.604 precludes
enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial
defense under subsection (a), a tribunal may stay enforcement of a
registered support order, continue the proceeding to permit
production of additional relevant evidence, and issue other
appropriate orders. An uncontested portion of the registered support
order may be enforced by all remedies available under the law of this
state.
(c) If the contesting party does not establish a defense under
subsection (a) to the validity or enforcement of a registered support
order, the registering tribunal shall issue an order confirming the
order.
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 matter that could have been
asserted at the time of registration.
Article 3. Registration and Modification of Child-Support
Order of Another State
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 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.
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 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.
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.
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 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.
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 jurisdiction to enforce and to modify the
issuing state's child-support order in a proceeding to register that
order.
(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.
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 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.
Article 4. Registration and Modification of Foreign
Child-Support Order
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 to its laws, a tribunal of
this state may assume jurisdiction to modify the child-support order
and bind all individuals subject to the personal jurisdiction of the
tribunal whether the consent to modification of a child-support order
otherwise required of the individual pursuant to Section 5700.611
has been given or whether the individual seeking modification is a
resident of this state or of the foreign country.
(b) An order issued by a tribunal of this state modifying a
foreign child-support order pursuant to this section is the
controlling order.
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 order in this state under
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 at another time. The petition must
specify the grounds for modification.
CHAPTER 7. SUPPORT PROCEEDING UNDER CONVENTION
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 assistance from another central authority.
(2) "Central authority" means the entity designated by the United
States or a foreign country described in Section 5700.102(5)(D) to
perform the functions specified in the Convention.
(3) "Convention support order" means a support order of a tribunal
of a foreign country described in Section 5700.102(5)(D).
(4) "Direct request" means a petition filed by an individual in a
tribunal of this state in a proceeding involving an obligee, obligor,
or child residing outside the United States.
(5) "Foreign central authority" means the entity designated by a
foreign country described in Section 5700.102(5)(D) to perform the
functions specified in the Convention.
(6) "Foreign support agreement":
(A) means an agreement for support in a record that:
(i) is enforceable as a support order in the country of origin;
(ii) has been:
(I) formally drawn up or registered as an authentic instrument by
a foreign tribunal; or
(II) authenticated by, or concluded, registered, or filed with a
foreign tribunal; and
(iii) may be reviewed and modified by a foreign tribunal; and
(B) includes a maintenance arrangement or authentic instrument
under the Convention.
(7) "United States central authority" means the Secretary of the
United States Department of Health and Human Services.
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 through 6, this chapter controls.
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 Convention.
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 facilitate the institution of a proceeding
regarding an application in a tribunal of this state.
(b) The following support proceedings are available to an obligee
under the Convention:
(1) recognition or recognition and enforcement of a foreign
support order;
(2) enforcement of a support order issued or recognized in this
state;
(3) establishment of a support order if there is no existing
order, including, if necessary, determination of parentage of a
child;
(4) establishment of a support order if recognition of a foreign
support order is refused under Section 5700.708(b)(2), (4), or (9);
(5) modification of a support order of a tribunal of this state;
and
(6) modification of a support order of a tribunal of another state
or a foreign country.
(c) The following support proceedings are available under the
Convention to an obligor against which there is an existing support
order:
(1) recognition of an order suspending or limiting enforcement of
an existing support order of a tribunal of this state;
(2) modification of a support order of a tribunal of this state;
and
(3) modification of a support order of a tribunal of another state
or a foreign country.
(d) A tribunal of this state may not require security, bond, or
deposit, however described, to guarantee the payment of costs and
expenses in proceedings under the Convention.
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 proceeding, the law of this state
applies.
(b) A petitioner may file a direct request seeking recognition and
enforcement of a support order or support agreement. In the
proceeding, Sections 5700.706 through 5700.713 apply.
(c) In a direct request for recognition and enforcement of a
Convention support order or foreign support agreement:
(1) a security, bond, or deposit is not required to guarantee the
payment of costs and expenses; and
(2) an obligee or obligor that in the issuing country has
benefited from free legal assistance is entitled to benefit, at least
to the same extent, from any free legal assistance provided for by
the law of this state under the same circumstances.
(d) A petitioner filing a direct request is not entitled to
assistance from the Department of Child Support Services.
(e) This chapter does not prevent the application of laws of this
state that provide simplified, more expeditious rules regarding a
direct request for recognition and enforcement of a foreign support
order or foreign support agreement.
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 order shall register the order in
this state as provided in Chapter 6.
(b) Notwithstanding Sections 5700.311 and 5700.602(a), a request
for registration of a Convention support order must be accompanied
by:
(1) a complete text of the support order or an abstract or extract
of the support order drawn up by the issuing foreign tribunal, which
may be in the form recommended by the Hague Conference on Private
International Law;
(2) a record stating that the support order is enforceable in the
issuing country;
(3) if the respondent did not appear and was not represented in
the proceedings in the issuing country, a record attesting, as
appropriate, either that the respondent had proper notice of the
proceedings and an opportunity to be heard or that the respondent had
proper notice of the support order and an opportunity to be heard in
a challenge or appeal on fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date
the amount was calculated;
(5) a record showing a requirement for automatic adjustment of the
amount of support, if any, and the information necessary to make the
appropriate calculations; and
(6) if necessary, a record showing the extent to which the
applicant received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may
seek recognition and partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a
Convention support order without the filing of a contest under
Section 5700.707 only if, acting on its own motion, the tribunal
finds that recognition and enforcement of the order would be
manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the
registration or the order vacating the registration of a Convention
support order.
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 contesting a registered Convention support order shall
file a contest not later than 30 days after notice of the
registration, but if the contesting party does not reside in the
United States, the contest must be filed not later than 60 days after
notice of the registration.
(c) If the nonregistering party fails to contest the registered
Convention support order by the time specified in subsection (b), the
order is enforceable.
(d) A contest of a registered Convention support order may be
based only on grounds set forth in Section 5700.708. The contesting
party bears the burden of proof.
(e) In a contest of a registered Convention support order, a
tribunal of this state:
(1) is bound by the findings of fact on which the foreign tribunal
based its jurisdiction; and
(2) may not review the merits of the order.
(f) A tribunal of this state deciding a contest of a registered
Convention support order shall promptly notify the parties of its
decision.
(g) A challenge or appeal, if any, does not stay the enforcement
of a Convention support order unless there are exceptional
circumstances.
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 following grounds are the only grounds on which a tribunal
of this state may refuse recognition and enforcement of a registered
Convention support order:
(1) recognition and enforcement of the order is manifestly
incompatible with public policy, including the failure of the issuing
tribunal to observe minimum standards of due process, which include
notice and an opportunity to be heard;
(2) the issuing tribunal lacked personal jurisdiction consistent
with Section 5700.201;
(3) the order is not enforceable in the issuing country;
(4) the order was obtained by fraud in connection with a matter of
procedure;
(5) a record transmitted in accordance with Section 5700.706 lacks
authenticity or integrity;
(6) a proceeding between the same parties and having the same
purpose is pending before a tribunal of this state and that
proceeding was the first to be filed;
(7) the order is incompatible with a more recent support order
involving the same parties and having the same purpose if the more
recent support order is entitled to recognition and enforcement under
this part in this state;
(8) payment, to the extent alleged arrears have been paid in whole
or in part;
(9) in a case in which the respondent neither appeared nor was
represented in the proceeding in the issuing foreign country:
(A) if the law of that country provides for prior notice of
proceedings, the respondent did not have proper notice of the
proceedings and an opportunity to be heard; or
(B) if the law of that country does not provide for prior notice
of the proceedings, the respondent did not have proper notice of the
order and an opportunity to be heard in a challenge or appeal on fact
or law before a tribunal; or
(10) the order was made in violation of Section 5700.711.
(c) If a tribunal of this state does not recognize a Convention
support order under subsection (b)(2), (4), or (9):
(1) the tribunal may not dismiss the proceeding without allowing a
reasonable time for a party to request the establishment of a new
Convention support order; and
(2) the Department of Child Support Services shall take all
appropriate measures to request a child-support order for the obligee
if the application for recognition and enforcement was received
under Section 5700.704.
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 application or direct request may
seek recognition and partial enforcement of a Convention support
order.
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 this state.
(b) An application or direct request for recognition and
enforcement of a foreign support agreement must be accompanied by:
(1) a complete text of the foreign support agreement; and
(2) a record stating that the foreign support agreement is
enforceable as an order of support in the issuing country.
(c) A tribunal of this state may vacate the registration of a
foreign support agreement only if, acting on its own motion, the
tribunal finds that recognition and enforcement would be manifestly
incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of
this state may refuse recognition and enforcement of the agreement if
it finds:
(1) recognition and enforcement of the agreement is manifestly
incompatible with public policy;
(2) the agreement was obtained by fraud or falsification;
(3) the agreement is incompatible with a support order involving
the same parties and having the same purpose in this state, another
state, or a foreign country if the support order is entitled to
recognition and enforcement under this act in this state; or
(4) the record submitted under subsection (b) lacks authenticity
or integrity.
(e) A proceeding for recognition and enforcement of a foreign
support agreement must be suspended during the pendency of a
challenge to or appeal of the agreement before a tribunal of another
state or a foreign country.
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 was issued unless:
(1) the obligee submits to the jurisdiction of a tribunal of this
state, either expressly or by defending on the merits of the case
without objecting to the jurisdiction at the first available
opportunity; or
(2) the foreign tribunal lacks or refuses to exercise jurisdiction
to modify its support order or issue a new support order.
(b) If a
tribunal of this state does not modify a Convention child-support
order because the order is not recognized in this state, Section
5700.708(c) applies.
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 translation.
CHAPTER 8. INTERSTATE RENDITION
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 part.
(b) The Governor may:
(1) demand that the governor of another state surrender an
individual found in the other state who is charged criminally in this
state with having failed to provide for the support of an obligee;
or
(2) on the demand of the governor of another state, surrender an
individual found in this state who is charged criminally in the other
state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent
with this act applies to the demand even if the individual whose
surrender is demanded was not in the demanding state when the crime
was allegedly committed and has not fled therefrom.
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 support of an obligee, the Governor
may require a prosecutor of this state to demonstrate that at least
60 days previously the obligee had initiated proceedings for support
pursuant to this act or that the proceeding would be of no avail.
(b) If, under this act or a law substantially similar to this act,
the Governor of another state makes a demand that the Governor of
this state surrender an individual charged criminally in that state
with having failed to provide for the support of a child or other
individual to whom a duty of support is owed, the Governor may
require a prosecutor to investigate the demand and report whether a
proceeding for support has been initiated or would be effective. If
it appears that a proceeding would be effective but has not been
initiated, the Governor may delay honoring the demand for a
reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the Governor may
decline to honor the demand. If the petitioner prevails and the
individual whose rendition is demanded is subject to a support order,
the Governor may decline to honor the demand if the individual is
complying with the support order.
CHAPTER 9. MISCELLANEOUS PROVISIONS
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 states that enact it.
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, enforce, or modify a prior
support order, determination, or agreement, whenever issued or
entered.
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 of this part which can be
given effect without the invalid provision or application, and to
this end the provisions of this part are severable.
5700.905. The Department of Child Support Services may adopt
emergency regulations as appropriate to implement this part.
SEC. 6. Section 6322.5 of the Family Code is repealed.
SEC. 7. Section 17212 of the Family Code is amended to read:
17212. (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child and spousal support enforcement program,
by ensuring the confidentiality of support enforcement and child
abduction records, and to thereby encourage the full and frank
disclosure of information relevant to all of the following:
(1) The establishment or maintenance of parent and child
relationships and support obligations.
(2) The enforcement of the child support liability of absent
parents.
(3) The enforcement of spousal support liability of the spouse or
former spouse to the extent required by the state plan under Section
17604 and Part 6 (commencing with Section 5700.101) of Division 9.
(4) The location of absent parents.
(5) The location of parents and children abducted, concealed, or
detained by them.
(b) (1) Except as provided in subdivision (c), all files,
applications, papers, documents, and records established or
maintained by any public entity pursuant to the administration and
implementation of the child and spousal support enforcement program
established pursuant to Part D (commencing with Section 651) of
Subchapter IV of Chapter 7 of Title 42 of the United States Code and
this division, shall be confidential, and shall not be open to
examination or released for disclosure for any purpose not directly
connected with the administration of the child and spousal support
enforcement program. No public entity shall disclose any file,
application, paper, document, or record, or the information contained
therein, except as expressly authorized by this section.
(2) In no case shall information be released or the whereabouts of
one party or the child disclosed to another party, or to the
attorney of any other party, if a protective order has been issued by
a court or administrative agency with respect to the party, a good
cause claim under Section 11477.04 of the Welfare and Institutions
Code has been approved or is pending, or the public agency
responsible for establishing paternity or enforcing support has
reason to believe that the release of the information may result in
physical or emotional harm to the party or the child. When a local
child support agency is prohibited from releasing information
pursuant to this subdivision, the information shall be omitted from
any pleading or document to be submitted to the court and this
subdivision shall be cited in the pleading or other document as the
authority for the omission. The information shall be released only
upon an order of the court pursuant to paragraph (6) of subdivision
(c).
(3) Notwithstanding any other provision of law, a proof of service
filed by the local child support agency shall not disclose the
address where service of process was accomplished. Instead, the local
child support agency shall keep the address in its own records. The
proof of service shall specify that the address is on record at the
local child support agency and that the address may be released only
upon an order from the court pursuant to paragraph (6) of subdivision
(c). The local child support agency shall, upon request by a party
served, release to that person the address where service was
effected.
(c) Disclosure of the information described in subdivision (b) is
authorized as follows:
(1) All files, applications, papers, documents, and records as
described in subdivision (b) shall be available and may be used by a
public entity for all administrative, civil, or criminal
investigations, actions, proceedings, or prosecutions conducted in
connection with the administration of the child and spousal support
enforcement program approved under Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code and to the county welfare department responsible for
administering a program operated under a state plan pursuant to Part
A, Subpart 1 or 2 of Part B, or Part E of Subchapter IV of Chapter 7
of Title 42 of the United States Code.
(2) A document requested by a person who wrote, prepared, or
furnished the document may be examined by or disclosed to that person
or his or her designee.
(3) The payment history of an obligor pursuant to a support order
may be examined by or released to the court, the obligor, or the
person on whose behalf enforcement actions are being taken or that
person's designee.
(4) Income and expense information of either parent may be
released to the other parent for the purpose of establishing or
modifying a support order.
(5) Public records subject to disclosure under the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) may be released.
(6) After a noticed motion and a finding by the court, in a case
in which establishment or enforcement actions are being taken, that
release or disclosure to the obligor or obligee is required by due
process of law, the court may order a public entity that possesses an
application, paper, document, or record as described in subdivision
(b) to make that item available to the obligor or obligee for
examination or copying, or to disclose to the obligor or obligee the
contents of that item. Article 9 (commencing with Section 1040) of
Chapter 4 of Division 8 of the Evidence Code shall not be applicable
to proceedings under this part. At any hearing of a motion filed
pursuant to this section, the court shall inquire of the local child
support agency and the parties appearing at the hearing if there is
reason to believe that release of the requested information may
result in physical or emotional harm to a party. If the court
determines that harm may occur, the court shall issue any protective
orders or injunctive orders restricting the use and disclosure of the
information as are necessary to protect the individuals.
(7) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a child, or location of a concealed, detained, or abducted
child or the location of the concealing, detaining, or abducting
person, may be disclosed to any district attorney, any appropriate
law enforcement agency, or to any state or county child protective
agency, or may be used in any judicial proceedings to prosecute that
crime or to protect the child.
(8) The social security number, most recent address, and the place
of employment of the absent parent may be released to an authorized
person as defined in Section 653(c) of Title 42 of the United States
Code, only if the authorized person has filed a request for the
information, and only if the information has been provided to the
California Parent Locator Service by the federal Parent Locator
Service pursuant to Section 653 of Title 42 of the United States
Code.
(9) A parent's or relative's name, social security number, most
recent address, telephone number, place of employment, or other
contact information may be released to a county child welfare agency
or county probation department pursuant to subdivision (c) of Section
17506.
(d) (1) "Administration and implementation of the child and
spousal support enforcement program," as used in this division, means
the carrying out of the state and local plans for establishing,
modifying, and enforcing child support obligations, enforcing spousal
support orders, and determining paternity pursuant to Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title
42 of the United States Code and this article.
(2) For purposes of this division, "obligor" means any person
owing a duty of support.
(3) As used in this division, "putative parent" shall refer to any
person reasonably believed to be the parent of a child for whom the
local child support agency is attempting to establish paternity or
establish, modify, or enforce support pursuant to Section 17400.
(e) Any person who willfully, knowingly, and intentionally
violates this section is guilty of a misdemeanor.
(f) Nothing in this section shall be construed to compel the
disclosure of information relating to a deserting parent who is a
recipient of aid under a public assistance program for which federal
aid is paid to this state, if that information is required to be kept
confidential by the federal law or regulations relating to the
program.
SEC. 8. Section 17404.1 is added to the Family Code, to read:
17404.1. (a) Upon receipt of a petition or comparable pleading
pursuant to Part 6 (commencing with Section 5700.101) of Division 9,
the local child support agency or petitioner may either (1) request
the issuance of a summons or (2) request the court to issue an order
requiring the respondent to appear personally at a specified time and
place to show cause why an order should not be issued as prayed in
the petition or comparable pleading on file.
(b) The respondent may also be served with a proposed judgment
consistent with the relief sought in the petition or other comparable
pleading. If the respondent's income or income history is unknown to
the local child support agency, the local child support agency may
serve a form of proposed judgment with the petition and other
documents on the respondent that shall inform the respondent that
income shall be presumed to be the amount of the state minimum wage,
at 40 hours per week, unless information concerning the respondent's
income is provided to the court. The respondent shall also receive
notice that the proposed judgment will become effective if he or she
fails to file a response with the court within 30 days after service.
(c) If a summons is issued for a petition or comparable pleading
pursuant to Part 6 (commencing with Section 5700.101) of Division 9,
the local child support agency or petitioner shall cause a copy of
the summons, petition, and other documents to be served upon the
respondent according to law.
(d) If an order to show cause is issued on a petition or
comparable pleading pursuant to Part 6 (commencing with Section
5700.101) of Division 9 requiring the respondent to appear at a
specified time and place to respond to the petition, a copy of the
order to show cause, the petition, and other documents shall be
served upon the respondent at least 15 days prior to the hearing.
(e) A petition or comparable pleading served upon a respondent in
accordance with this section shall be accompanied by a blank
responsive form that shall permit the respondent to answer the
petition and raise any defenses by checking applicable boxes and by a
blank income and expense declaration or simplified financial
statement together with instructions for completion of the forms.
(f) In any action pursuant to Part 6 (commencing with Section
5700.101) of Division 9 in which the judgment was obtained pursuant
to presumed income, as set forth in this section, the court may set
aside that part of the judgment or order concerning the amount of
child support to be paid on the grounds specified and in the manner
set forth in Section 17432.
SEC. 9. Section 17404.2 is added to the Family Code, to read:
17404.2. (a) If, prior to filing, a petition or comparable
pleading pursuant to Part 6 (commencing with Section 5700.101) of
Division 9 is received by the local child support agency or the
superior court and the county in which the pleadings are received is
not the appropriate jurisdiction for trial of the action, the court
or the local child support agency shall forward the pleadings and any
accompanying documents to the appropriate court of this state or to
the jurisdiction of another state without filing the pleadings or
order of the court, and shall notify the petitioner, the California
Central Registry, and the local child support agency of the receiving
county where and when the pleading was sent.
(b) If, after a petition or comparable pleading has been filed
with the superior court of a county pursuant to Part 6 (commencing
with Section 5700.101) of Division 9, it appears that the respondent
is not or is no longer a resident of the county in which the action
has been filed, upon ex parte application by the local child support
agency or petitioner, the court shall transfer the action to the
appropriate court of this state or to the appropriate jurisdiction of
another state and shall notify the petitioner, the respondent, the
California Central Registry, and the local child support agency of
the receiving county where and when the pleading was sent.
(c) If, after entry of an order by a court of this state or an
order of another state registered in a court of this state for
enforcement or modification pursuant to Part 6 (commencing with
Section 5700.101) of Division 9, it appears that the respondent is
not or is no longer a resident of the county in which the foreign
order has been registered, upon ex parte application by the local
child support agency of the transferring or receiving county or the
petitioner, the court shall transfer the registered order and all
documents subsequently filed in that action to the appropriate court
of this state and shall notify the petitioner, the respondent, the
California Central Registry, and the local child support agency of
the transferring and receiving county where and when the registered
order and all other appropriate documents were sent. Transfer of
certified copies of documents shall meet the requirements of this
section.
(d) If, in an action initiated in a court of this state pursuant
to Part 6 (commencing with Section 5700.101) of Division 9 or a
predecessor law for interstate enforcement of support, the petitioner
is no longer a resident of the county in which the action has been
filed, upon ex parte application by the petitioner or the local child
support agency, the court shall transfer the action to the
appropriate court of this state and shall notify the responding
jurisdiction where and when the action was transferred.
(e) Notwithstanding subdivisions (b) and (c), if the respondent
becomes a resident of another county or jurisdiction after an action
or registered order has been filed pursuant to Part 6 (commencing
with Section 5700.101) of Division 9, the action may remain in the
county where the action was filed until the action is completed.
SEC. 10. Section 17404.3 is added to the Family Code, to read:
17404.3. Hearings by telephone, audiovisual means, or other
electronic means shall be permitted in child support cases in which
the local child support agency is providing child support services.
The Judicial Council shall adopt court rules implementing this
provision and subdivision (f) of Section 5700.316 on or before July
1, 2016.
SEC. 11. Section 17404.4 is added to the Family Code, to read:
17404.4. In exercising the jurisdiction under Section 5700.319,
either the department or the local child support agency may issue a
notice to change payee on a support order issued in this state, upon
request from the support enforcement agency of another state where a
custodial party has either assigned the right to receive support or
has requested support enforcement services. Notice of the
administrative change of payee shall be filed with the court in which
the order was issued or last registered.
SEC. 12. Section 17406 of the Family Code is amended to read:
17406. (a) In all actions involving paternity or support,
including, but not limited to, other proceedings under this code, and
under Division 9 (commencing with Section 10000) of the Welfare and
Institutions Code, the local child support agency and the Attorney
General represent the public interest in establishing, modifying, and
enforcing support obligations. No attorney-client relationship shall
be deemed to have been created between the local child support
agency or Attorney General and any person by virtue of the action of
the local child support agency or the Attorney General in carrying
out these statutory duties.
(b) Subdivision (a) is declaratory of existing law.
(c) In all requests for services of the local child support agency
or Attorney General pursuant to Section 17400 relating to actions
involving paternity or support, not later than the same day an
individual makes a request for these services in person, and not
later than five working days after either (1) a case is referred for
services from the county welfare department, (2) receipt of a request
by mail for an application for services, or (3) an individual makes
a request for services by telephone, the local child support agency
or Attorney General shall give notice to the individual requesting
services or on whose behalf services have been requested that the
local child support agency or Attorney General does not represent the
individual or the children who are the subject of the case, that no
attorney-client relationship exists between the local child support
agency or Attorney General and those persons, and that no such
representation or relationship shall arise if the local child support
agency or Attorney General provides the services requested. Notice
shall be in bold print and in plain English and shall be translated
into the language understandable by the recipient when reasonable.
The notice shall include the advice that the absence of an
attorney-client relationship means that communications from the
recipient are not privileged and that the local child support agency
or Attorney General may provide support enforcement services to the
other parent in the future.
(d) The local child support agency or Attorney General shall give
the notice required pursuant to subdivision (c) to all recipients of
services under Section 17400 who have not otherwise been provided
that notice, not later than the date of the next annual notice
required under Section 11476.2 of the Welfare and Institutions Code.
This notice shall include notification to the recipient of services
under Section 17400 that the recipient may inspect the clerk's file
at the office of the clerk of the court, and that, upon request, the
local child support agency, or, if appropriate, the Attorney General,
will furnish a copy of the most recent order entered in the case.
(e) The local child support agency or, if appropriate, the
Attorney General shall serve a copy of the complaint for paternity or
support, or both, on recipients of support services under Section
17400, as specified in paragraph (2) of subdivision (e) of Section
17404. A notice shall accompany the complaint that informs the
recipient that the local child support agency or Attorney General may
enter into a stipulated order resolving the complaint, and that the
recipient shall assist the prosecuting attorney, by sending all
information on the noncustodial parent's earnings and assets to the
prosecuting attorney.
(f) (1) (A) The local child support agency or Attorney General
shall provide written notice to recipients of services under Section
17400 of the initial date and time, and purpose of every hearing in a
civil action for paternity or support.
(B) Once the parent who has requested or is receiving support
enforcement services becomes a party to the action pursuant to
subdivision (e) of Section 17404, in lieu of the above, the local
child support agency or Attorney General shall serve on a parent all
pleadings relating to paternity or support that have been served on
the local child support agency by the other parent. The pleading
shall be accompanied by a notice.
(C) The notice provided subject to subparagraphs (A) and (B) shall
include the following language:
IMPORTANT NOTICE
It may be important that you attend the hearing. The local child
support agency does not represent you or your children. You may have
information about the other parent, such as information about his or
her income or assets that will not be presented to the court unless
you attend the hearing. You have the right to attend the hearing and
to be heard in court and tell the court what you think the court
should do with the child support order. This hearing could change
your rights or your children's rights to support.
(2) The notice shall state the purpose of the hearing or be
attached to the motion or other pleading which caused the hearing to
be scheduled.
(3) The notice shall be provided separate from all other material
and shall be in at least 14-point type. The failure of the local
child support agency or Attorney General to provide the notice
required pursuant to subparagraph (A) of paragraph (1) does not
affect the validity of any order.
(4) (A) The notice required pursuant to subparagraph (A) of
paragraph (1) shall be provided not later than seven calendar days
prior to the hearing, or, if the local child support agency or
Attorney General receives notice of the hearing less than seven days
prior to the hearing, within two days of the receipt by the local
child support agency or Attorney General of the notice of the
hearing.
(B) Service of the notice and the pleadings required pursuant to
subparagraph (B) of paragraph (1) shall be completed not later than
five days after receipt of the pleadings served on the local child
support agency by the parent.
(5) The local child support agency or Attorney General shall, in
order to implement this subdivision, make reasonable efforts to
ensure that the local child support agency or Attorney General has
current addresses for all parties to the child support action.
(g) The local child support agency or Attorney General shall give
notice to recipients of services under Section 17400 of every order
obtained by the local child support agency or Attorney General that
establishes or modifies the support obligation for the recipient or
the children who are the subject of the order, by sending a copy of
the order to the recipient. The notice shall be made within the time
specified by federal law after the order has been filed. The local
child support agency or Attorney General shall also give notice to
these recipients of every order obtained in any other jurisdiction
that establishes or modifies the support obligation for the recipient
or the children who are the subject of the order, and which is
received by the local child support agency or Attorney General, by
sending a copy of the order to the recipient within the timeframe
specified by federal law after the local child support agency or
Attorney General has received a copy of the order. In any action
enforced under Part 6 (commencing with Section 5700.101) of Division
9, the notice shall be made in compliance with the requirements of
that chapter. The failure of the local child support agency or
Attorney General to comply with this subdivision does not affect the
validity of any order.
(h) The local child support agency or Attorney General shall give
notice to the noncustodial parent against whom a civil action is
filed that the local child support
agency or Attorney General is not the attorney representing
any individual, including, but not limited to, the custodial parent,
the child, or the noncustodial parent.
(i) Nothing in this section shall be construed to preclude any
person who is receiving services under Section 17400 from filing and
prosecuting an independent action to establish, modify, and enforce
an order for current support on behalf of himself or herself or a
child if that person is not receiving public assistance.
(j) A person who is receiving services under Section 17400 but who
is not currently receiving public assistance on his or her own
behalf or on behalf of a child shall be asked to execute, or consent
to, any stipulation establishing or modifying a support order in any
action in which that person is named as a party, before the
stipulation is filed. The local child support agency or Attorney
General may not submit to the court for approval a stipulation to
establish or modify a support order in the action without first
obtaining the signatures of all parties to the action, their
attorneys of record, or persons authorized to act on their behalf.
Any stipulation approved by the court in violation of this
subdivision shall be void.
(k) The local child support agency or Attorney General may not
enter into a stipulation that reduces the amount of past due support,
including interest and penalties accrued pursuant to an order of
current support, on behalf of a person who is receiving support
enforcement services under Section 17400 and who is owed support
arrearages that exceed unreimbursed public assistance paid to the
recipient of the support enforcement services, without first
obtaining the consent of the person who is receiving services under
Section 17400 on his or her own behalf or on behalf of the child.
( l ) The notices required in this section shall be
provided in the following manner:
(1) In all cases in which the person receiving services under
Section 17400 resides in California, notice shall be provided by
mailing the item by first-class mail to the last known address of, or
personally delivering the item to, that person.
(2) In all actions enforced under Part 6 (commencing with Section
5700.101) of Division 9, unless otherwise specified, notice shall be
provided by mailing the item by first-class mail to the initiating
court.
(m) Notwithstanding any other provision of this section, the
notices provided for pursuant to subdivisions (c) to (g), inclusive,
are not required in foster care cases.
SEC. 13. Section 17407.5 is added to the Family Code, to read:
17407.5. A declaration of state reciprocity issued by the
Attorney General on or before December 31, 2015, and a declaration
issued pursuant to subdivision (b) of Section 5700.308, shall remain
in full force and effect unless one of the following occurs:
(a) The declaration is revoked or declared invalid by the Attorney
General, in consultation with the department, or by the other party
to the reciprocity agreement.
(b) The declaration is superseded by a subsequent federal
bilateral agreement with the other party.
(c) The declaration is superseded by the other party's
ratification of or accession to the Hague Convention on the
International Recovery of Child Support and Other Forms of Family
Maintenance.
SEC. 14. Section 17505 of the Family Code is amended to read:
17505. (a) All state, county, and local agencies shall cooperate
with the local child support agency (1) in the enforcement of any
child support obligation or to the extent required under the state
plan under Part 6 (commencing with Section 5700.101) of Division 9,
Section 270 of the Penal Code, and Section 17604, and (2) the
enforcement of spousal support orders and in the location of parents
or putative parents. The local child support agency may enter into an
agreement with and shall secure from a municipal, county, or state
law enforcement agency, pursuant to that agreement, state summary
criminal record information through the California Law Enforcement
Telecommunications System. This subdivision applies irrespective of
whether the children are or are not receiving aid to families with
dependent children. All state, county, and local agencies shall
cooperate with the district attorney in implementing Chapter 8
(commencing with Section 3130) of Part 2 of Division 8 concerning the
location, seizure, and recovery of abducted, concealed, or detained
minor children.
(b) On request, all state, county, and local agencies shall supply
the local child support agency of any county in this state or the
California Parent Locator Service with all information on hand
relative to the location, income, or property of any parents,
putative parents, spouses, or former spouses, notwithstanding any
other provision of law making the information confidential, and with
all information on hand relative to the location and prosecution of
any person who has, by means of false statement or representation or
by impersonation or other fraudulent device, obtained aid for a child
under this chapter.
(c) The California Child Support Automation System, or its
replacement, shall be entitled to the same cooperation and
information provided to the California Parent Locator Service, to the
extent allowed by law. The California Child Support Automation
System, or its replacement, shall be allowed access to criminal
offender record information only to the extent that access is allowed
by law.
(d) Information exchanged between the California Parent Locator
Service or the California Child Support Automation System, or its
replacement, and state, county, or local agencies as specified in
Sections 653(c)(4) and 666(c)(1)(D) of Title 42 of the United State
Code shall be through automated processes to the maximum extent
feasible.
SEC. 15. Section 11478.1 of the Welfare and Institutions Code is
amended to read:
11478.1. (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child and spousal support enforcement program,
by ensuring the confidentiality of support enforcement and child
abduction records, and to thereby encourage the full and frank
disclosure of information relevant to all of the following:
(1) The establishment or maintenance of parent and child
relationships and support obligations.
(2) The enforcement of the child support liability of absent
parents.
(3) The enforcement of spousal support liability of the spouse or
former spouse to the extent required by the state plan under Section
11475.2 of this code and Part 6 (commencing with Section 5700.101) of
Division 9 of the Family Code.
(4) The location of absent parents.
(5) The location of parents and children abducted, concealed, or
detained by them.
(b) (1) Except as provided in subdivision (c), all files,
applications, papers, documents, and records established or
maintained by any public entity pursuant to the administration and
implementation of the child and spousal support enforcement program
established pursuant to Part D (commencing with Section 651) of
Subchapter IV of Chapter 7 of Title 42 of the United States Code and
this article, shall be confidential, and shall not be open to
examination or released for disclosure for any purpose not directly
connected with the administration of the child and spousal support
enforcement program. No public entity shall disclose any file,
application, paper, document, or record, or the information contained
therein, except as expressly authorized by this section.
(2) In no case shall information be released or the whereabouts of
one party or the child disclosed to another party, or to the
attorney of any other party, if a protective order has been issued by
a court or administrative agency with respect to the former party, a
good cause claim under Section 11477.04 has been approved or is
pending, or the public agency responsible for establishing paternity
or enforcing support has reason to believe that the release of the
information may result in physical or emotional harm to the former
party or the child.
(3) Notwithstanding any other provision of law, a proof of service
filed by the district attorney shall not disclose the address where
service of process was accomplished. Instead, the district attorney
shall keep the address in his or her own records. The proof of
service shall specify that the address is on record at the district
attorney's office and that the address may be released only upon an
order from the court pursuant to paragraph (6) of subdivision (c).
The district attorney shall, upon request by a party served, release
to that person the address where service was effected.
(c) Disclosure of the information described in subdivision (b) is
authorized as follows:
(1) All files, applications, papers, documents, and records as
described in subdivision (b) shall be available and may be used by a
public entity for all administrative, civil, or criminal
investigations, actions, proceedings, or prosecutions conducted in
connection with the administration of the child and spousal support
enforcement program approved under Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code, and any other plan or program described in Section 303.21 of
Title 45 of the Code of Federal Regulations and to the county welfare
department responsible for administering a program operated under a
state plan pursuant to Subpart 1 or 2 of Part B or Part E of
Subchapter IV of Chapter 7 of Title 42 of the United States Code.
(2) A document requested by a person who wrote, prepared, or
furnished the document may be examined by or disclosed to that person
or his or her designee.
(3) The payment history of an obligor pursuant to a support order
may be examined by or released to the court, the obligor, or the
person on whose behalf enforcement actions are being taken or that
person's designee.
(4) Income and expense information of either parent may be
released to the other parent for the purpose of establishing or
modifying a support order.
(5) Public records subject to disclosure under the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) may be released.
(6) After a noticed motion and a finding by the court, in a case
in which establishment or enforcement actions are being taken, that
release or disclosure to the obligor or obligee is required by due
process of law, the court may order a public entity that possesses an
application, paper, document, or record as described in subdivision
(b) to make that item available to the obligor or obligee for
examination or copying, or to disclose to the obligor or obligee the
contents of that item. Article 9 (commencing with Section 1040) of
Chapter 4 of Division 8 of the Evidence Code shall not be applicable
to proceedings under this part. At any hearing of a motion filed
pursuant to this section, the court shall inquire of the district
attorney and the parties appearing at the hearing if there is reason
to believe that release of the requested information may result in
physical or emotional harm to a party. If the court determines that
harm may occur, the court shall issue any protective orders or
injunctive orders restricting the use and disclosure of the
information as are necessary to protect the individuals.
(7) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a child; location of a concealed, detained, or abducted
child; or the location of the concealing, detaining, or abducting
person, may be disclosed to any district attorney, any appropriate
law enforcement agency, or to any state or county child protective
agency, or may be used in any judicial proceedings to prosecute that
crime or to protect the child.
(8) (A) The social security number, most recent address, and the
place of employment of the absent parent may be released to an
authorized person as defined in Section 653(c) of Title 42 of the
United States Code, only if the authorized person has filed a request
for the information, and only if the information has been provided
to the California Parent Locator Service by the federal Parent
Locator Service pursuant to Section 653 of Title 42 of the United
States Code.
(B) The information described in subparagraph (A) may be disclosed
to the county child welfare agency and the county probation
department responsible for administering a program operated under a
state plan pursuant to Subpart 1 (commencing with Section 621) or 2
(commencing with Section 629) of Part B of, or pursuant to Part E
(commencing with Section 670) of, Subchapter IV of Chapter 7 of Title
42 of the United States Code. Information exchanged between the
California Parent Locator Service or the California Child Support
Automation System, or its replacement, and the county welfare agency
shall be through automated processes to the maximum extent feasible.
(C) On or before July 1, 2013, the State Department of Social
Services and the Department of Child Support Services shall issue an
all-county letter or similar instruction explaining that county child
welfare and probation agencies are entitled to the information
described in paragraph (9) of subdivision (c) of Section 17212 and
subdivision (c) of Section 17506 of the Family Code.
(d) (1) "Administration and implementation of the child and
spousal support enforcement program," as used in this section, means
the carrying out of the state and local plans for establishing,
modifying, and enforcing child support obligations, enforcing spousal
support orders, and determining paternity pursuant to Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title
42 of the United States Code and this article.
(2) For purposes of this section, "obligor" means any person owing
a duty of support.
(3) As used in this chapter, "putative parent" shall refer to any
person reasonably believed to be the parent of a child for whom the
local child support agency is attempting to establish paternity or
establish, modify, or enforce support pursuant to Section 17400 of
the Family Code.
(e) Any person who willfully, knowingly, and intentionally
violates this section is guilty of a misdemeanor.
(f) Nothing in this section shall be construed to compel the
disclosure of information relating to a deserting parent who is a
recipient of aid under a public assistance program for which federal
aid is paid to this state, if that information is required to be kept
confidential by the federal law or regulations relating to the
program.
SEC. 16. Chapter 349 of the Statutes of 2002 is repealed.
SEC. 17. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
