5700.101 – 5700.905: Uniform Interstate Family Support Act
The Uniform Interstate Family Support Act (UIFSA), adopted in California under Part 6 of the Family Code, provides a comprehensive legal framework to manage the establishment, enforcement, and modification of family support obligations across state and national borders. This uniformity is vital in our mobile society, where parents may live in different states or countries. UIFSA ensures consistency, prevents conflicting orders, and strengthens child and spousal support enforcement regardless of jurisdiction.
5700.101 – 5700.105: General Provisions
This section officially names this part as the Uniform Interstate Family Support Act and mandates its adoption per federal requirements. It defines critical terms used throughout the act, such as “child-support order,” “foreign tribunal,” “income-withholding order,” and “support enforcement agency.” These definitions provide the legal language necessary to interpret and apply the act consistently. It also designates the California Superior Court as the tribunal and the Department of Child Support Services (DCSS) as the enforcement agency.
Importantly, these provisions clarify that UIFSA is not the exclusive remedy for enforcing support obligations and does not grant authority over child custody or visitation matters.
5700.201 – 5700.211: Jurisdiction
California tribunals can establish or enforce support orders or determine parentage when specific conditions are met—such as personal service within the state, consent to jurisdiction, or prior residence with the child. These conditions ensure that California courts do not overreach while still offering recourse for support enforcement.
Once jurisdiction is acquired, it continues as long as the state retains continuing, exclusive jurisdiction over the support order. This chapter also outlines rules for determining which of multiple existing orders is controlling and how that affects jurisdiction. Special provisions apply to spousal support orders, which also receive continuing, exclusive jurisdiction if consistent with California law.
5700.301 – 5700.319: Civil Provisions of General Application
Chapter 3 sets out how UIFSA proceedings are initiated and handled. It allows minor parents and their legal representatives to seek support and lays out responsibilities for responding tribunals. The procedures are designed to be user-friendly and to mirror local support enforcement processes.
Support enforcement agencies are required to assist petitioners by locating obligors and their assets, obtaining necessary documents, and transmitting communications. They must also comply with registration rules and convert foreign currencies when needed. Additionally, individuals may hire private counsel, and certain protections are given to those participating in UIFSA proceedings, including limits on civil process and confidentiality protections.
5700.401 – 5700.402: Establishment of Support Order or Determination of Parentage
A responding tribunal in California may issue a new support order if no such order exists and it has personal jurisdiction over the parties. Even if the petitioner resides outside the state, California courts can still act. Temporary child support orders can also be issued under specific conditions, including when the obligor is a presumed or acknowledged father, among other criteria.
Tribunals may also determine parentage as part of UIFSA proceedings, giving California courts a direct role in parentage establishment when required.
5700.501 – 5700.507: Enforcement of Support Order Without Registration
UIFSA allows income-withholding orders from other states to be sent directly to employers in California without needing to register the order first. Employers must treat the out-of-state order as if it were issued locally, withholding wages accordingly. They must comply with their state’s laws regarding fees, priorities, and implementation timelines.
Obligors can contest these orders by initiating proceedings in California. Employers are protected from liability if they comply in good faith, while those who fail to comply face penalties.
5700.601 – 5700.616: Registration, Enforcement, and Modification of Support Order
5700.601 – 5700.604: Registration for Enforcement of Support Order
To enforce a support order issued by another state or country, it must be registered in California. This process involves submitting certified copies of the order, documentation of arrears, and details about the parties involved. Once registered, the order is enforceable as if issued by a California tribunal.
5700.605 – 5700.608: Contest of Validity or Enforcement
The non-registering party has a limited time (generally 20 days) to contest the order. Valid defenses include lack of jurisdiction, fraud, or prior payment. If no timely challenge is made, the order is confirmed and fully enforceable.
5700.609 – 5700.614: Registration and Modification of Child-Support Order of Another State
Modification of an out-of-state order is allowed only under certain conditions, such as when no parties reside in the issuing state. California can assume continuing, exclusive jurisdiction after modifying an order. Registered orders from other states may be enforced but not modified unless these criteria are met.
5700.615 – 5700.616: Registration and Modification of Foreign Child-Support Order
When foreign countries are unable or unwilling to modify their own orders, California tribunals may step in. This ensures that obligors and obligees have recourse even when foreign jurisdictions are not responsive.
5700.701 – 5700.713: Support Proceeding Under Convention
This chapter covers proceedings under the Hague Convention on the International Recovery of Child Support. It defines terms such as “Convention support order” and explains the responsibilities of the U.S. and foreign central authorities.
California’s Department of Child Support Services is designated to receive and transmit Convention-based applications. Proceedings may be initiated for recognition, enforcement, establishment, or modification of support. This chapter also sets strict rules for contesting registered Convention orders and recognizes foreign support agreements that meet specific criteria.
In cases where a Convention order cannot be enforced in full, tribunals must enforce the severable parts. Importantly, modification of these foreign orders is limited, respecting the sovereignty of the issuing country unless they refuse jurisdiction.
5700.901 – 5700.905: Miscellaneous Provisions
UIFSA is designed for national uniformity. These closing provisions clarify that the law applies to proceedings initiated after January 1, 2016, and include a severability clause to preserve the remainder of the act if any section is invalidated. The Department of Child Support Services is empowered to enact emergency regulations to support UIFSA’s implementation.
The Uniform Interstate Family Support Act serves as California’s legal bridge to other states and countries in the complex world of child and spousal support enforcement. It ensures that families are not left behind simply because a parent crosses borders. By standardizing procedures for establishing, modifying, and enforcing support orders, UIFSA protects children and dependent spouses while providing due process for obligors. California’s adoption and implementation of UIFSA demonstrate its commitment to consistent and fair family support enforcement nationwide and globally.