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.