The Uniform Interstate Family Support Act
In 1992, the Uniform Interstate Family Support Act (UIFSA) sets up uniform procedures for each state to follow to collect and enforce child support orders. Specifically, the UIFSA allows one child support order to be enforced at one time. In other words, Under UIFSA, the “Controlling order” of the other state becomes enforceable in California. For example, if an order for child support is made by a court in Massachusetts, it is the controlling order under UIFSA. However, if you register a foreign child support order in California, California is required to enforce that order once it is registered.
Forms Required to Register a Foreign Child Support Order
To begin with, ask for a certified copy of the child support order from the out-of-state court clerk. The forms required to register a foreign child support order in California are the FL-580 form Registration of Out-of-State Custody Order and FL-105 Declaration Under Uniform Child Custody Jurisdiction and Enforcement ACT (UCCJEA). The UCCJEA form asks for the addresses of the children for the last five years. The form also requires you to give information about other cases related to your child custody matter.
After these forms have been properly completed, you will need to file them with the local court clerk in California where you reside. Keep in mind, you will also need to give the court a certified copy and two copies of the out-of-state child support order. Remember, the other party requires notice of the registration. In this regard, the court will send the notice of registration to the other party. The court will also send them information about that parent’s right to contest the Registration. To make things easier, contact A People’s Choice for help. Our office prepares and files all required documents to register a foreign child support order in California.
Disputing an Out-of-State Child Support Order
In the event the other party (the payee) objects to the request to register a foreign child support order, they can request a hearing within 20 days from when they received the notice. Furthermore, the person who disputes the registration request must submit an objection to the court in writing. The filing of a request triggers the court to set a hearing. During the hearing, the payee must be to prove one of the following in order for the court to deny the filed request to register a foreign child support order:
- The court which made the original order did not have authority to do so under Article 2 of the Family Code.
- The out-of state court dismisses, blocks or changes the child custody order in some other way under powers give them in Article 2 of the Family Code.
- The payee did not receive notice of the original order as required by California Family Code Section 3408.
First and foremost, if the other party does not request the hearing, the California court will register and confirm the foreign order. In other words, the payee will not be able to challenge the validity of the foreign order in the future.
Contact A People’s Choice for more information about how to register a foreign child support order in California. Our experience staff can complete and file the necessary forms you need to register an out-of-state custody order in California.
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