CALIFORNIA FAMILY LAW
...Enforcement
......Interstate Enforcement (UIFSA)
.........Conflicting Jurisdictions and Orders
12 Cards On This Topic:
  • Cal. court's jurisdiction to establish support order after pleading filed in another state.
  • Cal. courts' continuing jurisdiction over its child support orders.
  • Tribunal of this state as initiating tribunal.
  • Deciding which child support order prevails.
  • CA court had SMJ under UIFSA to modify Mex. c/s order where H could not prove he continually resided in Mex.; W presented enough evidence H resided in CA and H could point to nothing in the record showing he had a residence in Mex.
  • Trial court did not have continuing, exclusive jurisdiction to modify CA c/s order after parties and their child moved to other states and did not consent in writing to CA's continuing jurisdiction or authority.
  • Under UIFSA, CA court could not transfer continuing, exclusive jurisdiction to AL as parties did not file writing consenting to AL jurisdiction and F continued to reside in CA.
  • RURESA/UIFSA do not provide for exclusive jurisdiction over spousal support orders, hence conflicting orders possible.
  • When Cal. assumed continuing, exclusive jurisdiction over Idaho c/s order in order to modify it, it had to apply Cal. law to determine amount of c/s owed.
  • (Former) Family Code §4908 doesn't divest Cal. court from making support order, even where divorce pending or granted in Ga., so long as Ga. proceeding doesn't raise issue of support.
  • Modification of out-of-state orders
  • Enforcement of multiple child support orders from different obligees.