CALIFORNIA FAMILY LAW
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Enforcement
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Interstate Enforcement (UIFSA)
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Registration of Out-of-State Orders
............Challenging Registration
11 Cards On This Topic:
Obligor may contest registration of out of state order
Law of issuing state or foreign country controls effect of order, except for statute of limitations.
Defenses to registration or validity of support order.
Confirmation of registered order precludes any further challenges to order.
Party challenging registration of foreign support order has the burden of proving one or more of the enumerated defenses, including whether the issuing state is a "state" under the Uniform Interstate Family Support Act.
The determination of whether a foreign country is a "state" under the Uniform Interstate Family Support Act is determined by whether it allows for enforcement of CA support orders, not by its methods of calculating support.
If service proper under law of forum, not a defense under CA law.
Party may not defend against registration of an out-of-state support order by claiming he is not the child's father; CA court had no authority to order genetic testing.
Order confirming registration of foreign support judgment was proper as Germany is a foreign reciprocating country and H did not meet his burden of demonstrating German court lacked jurisdiction over him on any basis.
Although registration stmt accompanying NM c/s order registered in San Diego listed zero arrears, ex-W not precluded from later objecting to amount as inaccurate, nor court from adjudicating it.
As Cal. cannot validate Ariz.'s invalid judgment, trial court's order denying registration and enforcement of Ariz. c/s order affirmed.