Out-of-state ("foreign") support orders are enforceable in California and generally, in any state under the Uniform Interstate Family Support Act ("UIFSFA"), Family Code §4900, et. seq. and the federal Full Faith and Credit for Child Support Orders Act ("FFCCSOA"), (28 U.S.C.A. §1738B) By law, a state, is obligated to give full faith and credit to foreign state support orders. In California, an exception has recently been carved out by a state appellate court, allowing a trial court to offset obligations between parents. One parent who owes support to the other cannot come to California and seek to enforce his or her own foreign support order for the full amount of the order when he or she is already indebted to the other parent for unpaid arrearages (In re: Marriage of Keith G. and Suzanne H.; 98 D.A.R. 2421 (2nd Dist.), cert. denied, 1998 Cal. LEXIS 4225). Except in this limited situation, out of state court orders will be granted full faith and credit in California.

To enforce the order, obtain a certified copy of the order from the foreign state, and register it in California. The District Attorney can assist in collecting the amount due if the obligor refuses to make payments.

BACK TO FAMILY LAW TOPICS

Copyright © 1999 Roy A. Barry, all rights reserved.