2009 California Family Code - Section 4905-4914 :: Article 2. Jurisdiction

4905.  In a proceeding to establish, enforce, or modify a support
order or to determine parentage, a tribunal of this state may
exercise personal jurisdiction over a nonresident individual or the
individual's guardian or conservator if any of the following apply:
   (1) The individual is personally served with notice within this
state.
   (2) The individual submits to the jurisdiction of this state by
consent, by entering a general appearance, or by filing a responsive
document having the effect of waiving any contest to personal
jurisdiction.
   (3) The individual resided with the child in this state.
   (4) The individual resided in this state and provided prenatal
expenses or support for the child.
   (5) The child resides in this state as a result of the acts or
directives of the individual.
   (6) The individual engaged in sexual intercourse in this state and
the child may have been conceived by that act of intercourse.
   (7) The individual has filed a declaration of paternity pursuant
to Chapter 3 (commencing with Section 7570) of Part 2 of Division 12.
   (8) There is any other basis consistent with the constitutions of
this state and the United States for the exercise of personal
jurisdiction.

4905.  (a) In a proceeding to establish or enforce a support order
or to determine parentage, a tribunal of this state may exercise
personal jurisdiction over a nonresident individual or the individual'
s guardian or conservator if any of the following apply:
   (1) The individual is personally served with notice within this
state.
   (2) The individual submits to the jurisdiction of this state by
consent, by entering a general appearance, or by filing a responsive
document having the effect of waiving any contest to personal
jurisdiction.
   (3) The individual resided with the child in this state.
   (4) The individual resided in this state and provided prenatal
expenses or support for the child.
   (5) The child resides in this state as a result of the acts or
directives of the individual.
   (6) The individual engaged in sexual intercourse in this state and
the child may have been conceived by that act of intercourse.
   (7) The individual has filed a declaration of paternity pursuant
to Chapter 3 (commencing with Section 7570) of Part 2 of Division 12.
   (8) There is any other basis consistent with the constitutions of
this state and the United States for the exercise of personal
jurisdiction.
   (b) The bases of personal jurisdiction set forth in subdivision
(a) or in any other law of this state may not be used to acquire
personal jurisdiction for a tribunal of the state to modify a child
support order of another state unless the requirements of Section
4960 or 4964 are met.

4906.  A tribunal of this state exercising personal jurisdiction
over a nonresident under Section 4905 may apply Section 4930 to
receive evidence from another state, and Section 4932 to obtain
discovery through a tribunal of another state. In all other respects,
Articles 3 (commencing with Section 4915) through 7 (commencing with
Section 4965), inclusive, do not apply and the tribunal shall apply
the procedural and substantive law of this state, including the rules
on choice of law other than those established by this chapter.

4906.  Personal jurisdiction acquired by a tribunal of this state in
a proceeding under this chapter or other law of this state relating
to a support order continues as long as a tribunal of this state has
continuing, exclusive jurisdiction to modify its order or continuing
jurisdiction to enforce its order as provided by Section 4909, 4910,
or 4914.

4907.  Under this chapter, a tribunal of this state may serve as an
initiating tribunal to forward proceedings to another state and as a
responding tribunal for proceedings initiated in another state.

4908.  (a) A tribunal of this state may exercise jurisdiction to
establish a support order if the petition or comparable pleading is
filed after a pleading is filed in another state only if all of the
following circumstances exist:
   (1) The petition or comparable pleading in this state is filed
before the expiration of the time allowed in the other state for
filing a responsive pleading challenging the exercise of jurisdiction
by the other state.
   (2) The contesting party timely challenges the exercise of
jurisdiction in the other state.
   (3) If relevant, this state is the home state of the child.
   (b) A tribunal of this state may not exercise jurisdiction to
establish a support order if the petition or comparable pleading is
filed before a petition or comparable pleading is filed in another
state if all of the following circumstances exist:
   (1) The petition or comparable pleading in the other state is
filed before the expiration of the time allowed in this state for
filing a responsive pleading challenging the exercise of jurisdiction
by this state.
   (2) The contesting party timely challenges the exercise of
jurisdiction in this state.
   (3) If relevant, the other state is the home state of the child.

4909.  (a) A tribunal of this state issuing a support order
consistent with the law of this state has continuing, exclusive
jurisdiction over a child support order:
   (1) As long as this state remains the residence of the obligor,
the individual obligee, or the child for whose benefit the support
order is issued; or
   (2) Until all of the parties who are individuals have filed
written consents with the tribunal of this state for a tribunal of
another state to modify the order and assume continuing, exclusive
jurisdiction.
   (b) A tribunal of this state issuing a child support order
consistent with the law of this state may not exercise its continuing
jurisdiction to modify the order if the order has been modified by a
tribunal of another state pursuant to this chapter or a law
substantially similar to this chapter.
   (c) If a child support order of this state is modified by a
tribunal of another state pursuant to this chapter or a law
substantially similar to this chapter, a tribunal of this state loses
its continuing, exclusive jurisdiction with regard to prospective
enforcement of the order issued in this state, and may only:
   (1) Enforce the order that was modified as to amounts accruing
before the modification;
   (2) Enforce nonmodifiable aspects of that order; and
   (3) Provide other appropriate relief for violations of that order
which occurred before the effective date of the modification.
   (d) A tribunal of this state shall recognize the continuing,
exclusive jurisdiction of a tribunal of another state which has
issued a child support order pursuant to this chapter or a law
substantially similar to this chapter.
   (e) A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create continuing,
exclusive jurisdiction in the issuing tribunal.
   (f) A tribunal of this state issuing a support order consistent
with the law of this state has continuing, exclusive jurisdiction
over a spousal support order throughout the existence of the support
obligation. A tribunal of this state may not modify a spousal support
order issued by a tribunal of another state having continuing,
exclusive jurisdiction over that order under the law of that state.

4909.  (a) A tribunal of this state that has issued a support order
consistent with the law of this state has and shall exercise
continuing, exclusive jurisdiction to modify its child support order,
if the order is the controlling order and either of the following
applies:
   (1) At the time of filing the request for modification, this state
is the residence of the obligor, the individual obligee, or the
child for whose benefit the support order is issued.
   (2) Even if this state is not the residence of the obligor, the
individual obligee, or the child for whose benefit the support order
is issued, the parties consent in a record or in open court that the
tribunal of this state may continue to exercise jurisdiction to
modify its order.
   (b) A tribunal of this state that has issued a child support order
consistent with the law of this state may not exercise continuing,
exclusive jurisdiction to modify the order if either of the following
applies:
   (1) All of the parties who are individuals file consent in a
record with the tribunal of this state that a tribunal of another
state that has jurisdiction over at least one of the parties who is
an individual or that is located in the state of residence of the
child may modify the order and assume continuing, exclusive
jurisdiction.
   (2) Its order is not the controlling order.
   (c) If a tribunal of another state has issued a child support
order pursuant to the Uniform Interstate Family Support Act or a law
substantially similar to that act which modifies a child support
order of a tribunal of this state, tribunals of this state shall
recognize the continuing, exclusive jurisdiction of the tribunal of
the other state.
   (d) A tribunal of this state that lacks continuing, exclusive
jurisdiction to modify a child support order may serve as an
initiating tribunal to request a tribunal of another state to modify
a support order issued in that state.
   (e) A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create continuing,
exclusive jurisdiction in the issuing tribunal.

4910.  (a) A tribunal of this state may serve as an initiating
tribunal to request a tribunal of another state to enforce or modify
a support order issued in that state.
   (b) A tribunal of this state having continuing, exclusive
jurisdiction over a support order may act as a responding tribunal to
enforce or modify the order. If a party subject to the continuing,
exclusive jurisdiction of the tribunal no longer resides in the
issuing state, in subsequent proceedings the tribunal may apply
Section 4930 to receive evidence from another state and Section 4932
to obtain discovery through a tribunal of another state.
   (c) A tribunal of this state which lacks continuing, exclusive
jurisdiction over a spousal support order may not serve as a
responding tribunal to modify a spousal support order of another
state.

4910.  (a) A tribunal of this state that has issued a child support
order consistent with the law of this state may serve as an
initiating tribunal to request a tribunal of another state to enforce
the order, if the order is the controlling order and has not been
modified by a tribunal of another state that assumed jurisdiction
pursuant to the Uniform Interstate Family Support Act, or a money
judgment for arrears of support and interest on the order accrued
before a determination that an order of another state is the
controlling order.
   (b) A tribunal of this state having continuing jurisdiction over a
support order may act as a responding tribunal to enforce the order.

4911.  (a) If a proceeding is brought under this chapter and only
one tribunal has issued a child support order, the order of that
tribunal controls and shall be so recognized.
   (b) If a proceeding is brought under this chapter, and two or more
child support orders have been issued by tribunals of this state or
another state with regard to the same obligor and child, a tribunal
of this state shall apply the following rules in determining which
order to recognize for purposes of continuing, exclusive
jurisdiction:
   (1) If only one of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the order of that tribunal controls
and shall be so recognized.
   (2) If more than one of the tribunals would have continuing,
exclusive jurisdiction under this chapter, an order issued by a
tribunal in the current home state of the child controls and shall be
so recognized, but if an order has not been issued in the current
home state of the child, the order most recently issued controls and
shall be so recognized.
   (3) If none of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the tribunal of this state having
jurisdiction over the parties shall issue a child support order,
which controls and shall be so recognized.
   (c) If two or more child support orders have been issued for the
same obligor and child and if the obligor or the individual obligee
resides in this state, a party may request a tribunal of this state
to determine which order controls and shall be so recognized under
subdivision (b). The request shall be accompanied by a certified copy
of every support order in effect. The requesting party shall give
notice of the request to each party whose rights may be affected by
the determination.
   (d) The tribunal that issued the controlling order under
subdivision (a), (b), or (c) is the tribunal that has continuing,
exclusive jurisdiction under Section 4909.
   (e) A tribunal of this state which determines by order the
identity of the controlling order under paragraphs (1) or (2) of
subdivision (b) or which issues a new controlling order under
paragraph (3) of subdivision (b) shall state in that order the basis
upon which the tribunal made its determination.
   (f) Within 30 days after issuance of an order determining the
identity of the controlling order, the party obtaining the order
shall file a certified copy of it with each tribunal that issued or
registered an earlier order of child support. A party who obtains the
order and fails to file a certified copy is subject to appropriate
sanctions by a tribunal in which the issue of failure to file arises.
The failure to file does not affect the validity or enforceability
of the controlling order.

4911.  (a) If a proceeding is brought under this chapter and only
one tribunal has issued a child support order, the order of that
tribunal controls and shall be so recognized.
   (b) If a proceeding is brought under this chapter, and two or more
child support orders have been issued by tribunals of this state or
another state with regard to the same obligor and same child, a
tribunal of this state having personal jurisdiction over both the
obligor and individual obligee shall apply the following rules and by
order shall determine which order controls:
   (1) If only one of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the order of that tribunal controls
and shall be so recognized.
   (2) If more than one of the tribunals would have continuing,
exclusive jurisdiction under this chapter, an order issued by a
tribunal in the current home state of the child controls, but if an
order has not been issued in the current home state of the child, the
order most recently issued controls.
   (3) If none of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the tribunal of this state shall
issue a child support order, which controls.
   (c) If two or more child support orders have been issued for the
same obligor and same child, upon request of a party who is an
individual or a support agency, a tribunal of this state having
personal jurisdiction over both the obligor and the obligee who is an
individual shall determine which order controls under subdivision
(b). The request may be filed with a registration for enforcement or
registration for modification pursuant to Article 6 (commencing with
Section 4950), or may be filed as a separate proceeding.
   (d) A request to determine which is the controlling order shall be
accompanied by a copy of every child support order in effect and the
applicable record of payments. The requesting party shall give
notice of the request to each party whose rights may be affected by
the determination.
   (e) The tribunal that issued the controlling order under
subdivision (a), (b), or (c) has continuing jurisdiction to the
extent provided in Section 4909 or 4910.
   (f) A tribunal of this state that determines by order which is the
controlling order under paragraph (1) or (2) of subdivision (b) or
subdivision (c), or that issues a new controlling order under
paragraph (3) of subdivision (b), shall state in that order the basis
upon which the tribunal made its determination, the amount of
prospective support, if any, and the total amount of consolidated
arrears and accrued interest, if any, under all of the orders after
all payments made are credited as provided by Section 4913.
   (g) Within 30 days after issuance of an order determining which is
the controlling order, the party obtaining the order shall file a
certified copy of it in each tribunal that issued or registered an
earlier order of child support. A party or support enforcement agency
obtaining the order that fails to file a certified copy is subject
to appropriate sanctions by a tribunal in which the issue of failure
to file arises. The failure to file does not affect the validity or
enforceability of the controlling order.
   (h) An order that has been determined to be the controlling order,
or a judgment for consolidated arrears of support and interest, if
any, made pursuant to this section shall be recognized in proceedings
under this chapter.

4912.  In responding to multiple registrations or petitions for
enforcement of two or more child support orders in effect at the same
time with regard to the same obligor and different individual
obligees, at least one of which was issued by a tribunal of another
state, a tribunal of this state shall enforce those orders in the
same manner as if the multiple orders had been issued by a tribunal
of this state.

4912.  In responding to registrations or petitions for enforcement
of two or more child support orders in effect at the same time with
regard to the same obligor and different individual obligees, at
least one of which was issued by a tribunal of another state, a
tribunal of this state shall enforce those orders in the same manner
as if the orders had been issued by a tribunal of this state.

4913.  Amounts collected and credited for a particular period
pursuant to a support order issued by a tribunal of another state
shall be credited against the amounts accruing or accrued for the
same period under a support order issued by the tribunal of this
state.

4913.  A tribunal of this state shall credit amounts collected for a
particular period pursuant to any child support order against the
amounts owed for the same period under any other child support order
for support of the same child issued by a tribunal of this or another
state.

4913.5.  A tribunal of this state exercising personal jurisdiction
over a nonresident in a proceeding under this chapter, under other
law of this state relating to a support order, or recognizing a
support order of a foreign country or political subdivision on the
basis of comity may receive evidence from another state pursuant to
Section 4930, communicate with a tribunal of another state pursuant
to Section 4931, and obtain discovery through a tribunal of another
state pursuant to Section 4932. In all other respects, Article 3
(commencing with Section 4905) to Article 7 (commencing with Section
4965), inclusive, do not apply and the tribunal shall apply the
procedural and substantive law of this state.

4914.  (a) A tribunal of this state issuing a spousal support order
consistent with the law of this state has continuing, exclusive
jurisdiction to modify the spousal support order throughout the
existence of the support obligation.
   (b) A tribunal of this state may not modify a spousal support
order issued by a tribunal of another state having continuing,
exclusive jurisdiction over that order under the law of that state.
   (c) A tribunal of this state that has continuing, exclusive
jurisdiction over a spousal support order may serve as either of the
following:
   (1) An initiating tribunal to request a tribunal of another state
to enforce the spousal support order issued in this state.
   (2) A responding tribunal to enforce or modify its own spousal
support order.