Article 2 - Contest of Validity or Enforcement

California Family Code — §§ 5700.605-5700.608

Sections (4)

Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.

(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

§ 5700.606

Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.

(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

Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.

(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

Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.

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.