California Family Code 5601 – (a) When the local child support agency is responsible for the …
(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 the agency’s county:
(1) An endorsed file copy of the most recent support order or a copy thereof.
Terms Used In California Family Code 5601
- County: includes city and county. See California Family Code 67
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Family support: means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support. See California Family Code 92
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
- Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Family Code 155
(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, in compliance with the requirements of Section 1013 of the Code of Civil Procedure, or in any other manner as provided by law, shall serve the obligor with copies of the documents described in subdivision (a).
(d) If a motion to vacate registration is filed under Section 5603, a party may introduce into evidence copies of 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. Further proceedings regarding the obligor’s support obligations shall not 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.
(Amended by Stats. 2019, Ch. 115, Sec. 56. (AB 1817) Effective January 1, 2020.)