ONCALL
...Family Law
......Enforcement
12 Cards On This Topic:

FC §4504(b) permits retroactive child support credit from a SSDI lump-sum payment where there is no child support arrearage.

Military disability/CRSC is exempt only up to the amount of waiver of retired pay; most other forms of income are not exempt.

Under UIFSA, where CA court made c/s order, that court had jurisdiction to enforce a later UT judgment as to amount of c/s arrearages.

Full faith and credit clause of the U.S. Constitution and res judicata barred CA court from adding interest to UT s/s and c/s arrearages judgment.

For purposes of accruing interest, the "date of entry of the judgment" is the critical date, not the date when any postjudgment challenges might be resolved; trial ct. does not have discretion to adopt a different accrual date.

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.

In child custody deprivation case, court erred in not giving specific intent jury instruction where crime requires malice; error harmless given overwhelming evidence of malice.

In custody deprivation case, error to instruct jury on elements of affirmative defense over defendant's counsel's objection where instruction contradicted defense theory; error harmless.

Laches is a defense that may only be used by the defending party, not the petitioner.

Accrual of interest does not amount to prejudice for the purposes of laches; elements of laches.