FAMILY CODE SECTION 5700.101-5700.105
5700.101. (a) This part may be cited as the Uniform Interstate
Family Support Act.
(b) There is a federal mandate set forth in Section 666(f) of
Title 42 of the United States Code requiring California to adopt and
have in effect the Uniform Interstate Family Support Act, including
any amendments officially adopted by the National Council of
Commissioners on Uniform State Laws as of September 30, 2008.
5700.102. In this part:
(1) “Child” means an individual, whether over or under the age of
majority, who is or is alleged to be owed a duty of support by the
individual’s parent or who is or is alleged to be the beneficiary of
a support order directed to the parent.
(2) “Child-support order” means a support order for a child,
including a child who has attained the age of majority under the law
of the issuing state or foreign country.
(3) “Convention” means the Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance,
concluded at The Hague on November 23, 2007.
(4) “Duty of support” means an obligation imposed or imposable by
law to provide support for a child, spouse, or former spouse,
including an unsatisfied obligation to provide support.
(5) “Foreign country” means a country, including a political
subdivision thereof, other than the United States, that authorizes
the issuance of support orders and:
(A) Which has been declared under the law of the United States to
be a foreign reciprocating country;
(B) Which has established a reciprocal arrangement for child
support with this state as provided in Section 5700.308;
(C) Which has enacted a law or established procedures for the
issuance and enforcement of support orders which are substantially
similar to the procedures under this part; or
(D) In which the Convention is in force with respect to the United
(6) “Foreign support order” means a support order of a foreign
(7) “Foreign tribunal” means a court, administrative agency, or
quasi-judicial entity of a foreign country which is authorized to
establish, enforce, or modify support orders or to determine
parentage of a child. The term includes a competent authority under
(8) “Home state” means the state or foreign country in which a
child lived with a parent or a person acting as parent for at least
six consecutive months immediately preceding the time of filing of a
petition or comparable pleading for support and, if a child is less
than six months old, the state or foreign country in which the child
lived from birth with any of them. A period of temporary absence of
any of them is counted as part of the six-month or other period.
(9) “Income” includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding
for support under the law of this state.
(10) “Income-withholding order” means an order or other legal
process directed to an obligor’s employer, or other debtor, as
defined by Section 5208, to withhold support from the income of the
(11) “Initiating tribunal” means the tribunal of a state or
foreign country from which a petition or comparable pleading is
forwarded or in which a petition or comparable pleading is filed for
forwarding to another state or foreign country.
(12) “Issuing foreign country” means the foreign country in which
a tribunal issues a support order or a judgment determining parentage
of a child.
(13) “Issuing state” means the state in which a tribunal issues a
support order or a judgment determining parentage of a child.
(14) “Issuing tribunal” means the tribunal of a state or foreign
country that issues a support order or a judgment determining
parentage of a child.
(15) “Law” includes decisional and statutory law and rules and
regulations having the force of law.
(16) “Obligee” means:
(A) an individual to whom a duty of support is or is alleged to be
owed or in whose favor a support order or a judgment determining
parentage of a child has been issued;
(B) a foreign country, state, or political subdivision of a state
to which the rights under a duty of support or support order have
been assigned or which has independent claims based on financial
assistance provided to an individual obligee in place of child
(C) an individual seeking a judgment determining parentage of the
individual’s child; or
(D) a person that is a creditor in a proceeding under Chapter 7.
(17) “Obligor” means an individual, or the estate of a decedent
(A) owes or is alleged to owe a duty of support;
(B) is alleged but has not been adjudicated to be a parent of a
(C) is liable under a support order; or
(D) is a debtor in a proceeding under Chapter 7.
(18) “Outside this state” means a location in another state or a
country other than the United States, whether or not the country is a
(19) “Person” means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government or governmental
subdivision, agency, or instrumentality, or any other legal or
(20) “Record” means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(21) “Register” means to file in a tribunal of this state a
support order or judgment determining parentage of a child issued in
another state or a foreign country.
(22) “Registering tribunal” means a tribunal in which a support
order or judgment determining parentage of a child is registered.
(23) “Responding state” means a state in which a petition or
comparable pleading for support or to determine parentage of a child
is filed or to which a petition or comparable pleading is forwarded
for filing from another state or a foreign country.
(24) “Responding tribunal” means the authorized tribunal in a
responding state or foreign country.
(25) “Spousal-support order” means a support order for a spouse or
former spouse of the obligor.
(26) “State” means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession under the jurisdiction of the United
States. The term includes an Indian nation or tribe.
(27) “Support enforcement agency” means a public official,
governmental entity, or private agency authorized to:
(A) seek enforcement of support orders or laws relating to the
duty of support;
(B) seek establishment or modification of child support;
(C) request determination of parentage of a child;
(D) attempt to locate obligors or their assets; or
(E) request determination of the controlling child-support order.
(28) “Support order” means a judgment, decree, order, decision, or
directive, whether temporary, final, or subject to modification,
issued in a state or foreign country for the benefit of a child, a
spouse, or a former spouse, which provides for monetary support,
health care, arrearages, retroactive support, or reimbursement for
financial assistance provided to an individual obligee in place of
child support. The term may include related costs and fees, interest,
income withholding, automatic adjustment, reasonable attorney’s
fees, and other relief.
(29) “Tribunal” means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify
support orders or to determine parentage of a child.
5700.103. (a) The superior court is the tribunal of this state.
(b) The Department of Child Support Services is the support
enforcement agency of this state.
5700.104. (a) Remedies provided by this part are cumulative and do
not affect the availability of remedies under other law or the
recognition of a foreign support order on the basis of comity.
(b) This part does not:
(1) provide the exclusive method of establishing or enforcing a
support order under the law of this state; or
(2) grant a tribunal of this state jurisdiction to render judgment
or issue an order relating to child custody or visitation in a
proceeding under this part.
5700.105. (a) A tribunal of this state shall apply Chapters 1
through 6 and, as applicable, Chapter 7, to a support proceeding
(1) a foreign support order;
(2) a foreign tribunal; or
(3) an obligee, obligor, or child residing in a foreign country.
(b) A tribunal of this state that is requested to recognize and
enforce a support order on the basis of comity may apply the
procedural and substantive provisions of Chapters 1 through 6.
(c) Chapter 7 applies only to a support proceeding under the
Convention. In such a proceeding, if a provision of Chapter 7 is
inconsistent with Chapters 1 through 6, Chapter 7 controls.