1. CALIFORNIA FAMILY LAW FOR PARALEGALS, 5 th Ed. Chapter Ten Enforcement

2. 2 A. INTRODUCTION In every piece of contested litigation there is one side who is satisfied with the outcome and another side who is not so satisfied. In every piece of contested litigation there is one side who is satisfied with the outcome and another side who is not so satisfied. In a perfect world, both sides would adhere to the judge’s decision and ruling and govern their actions accordingly. In a perfect world, both sides would adhere to the judge’s decision and ruling and govern their actions accordingly. Unfortunately, very often it becomes necessary to compel the enforcement of court orders. Unfortunately, very often it becomes necessary to compel the enforcement of court orders.

3. 3 A. INTRODUCTION There are generally two types of proceedings maintained to enforce orders of court: an action for contempt, which has as its basic purpose punishing the transgressor for failing to adhere to the court’s order; or, orders designed to secure the transfer of property (usually money) from one side (usually the “losing side”) to the other side (the person in whose favor the order has been entered). There are generally two types of proceedings maintained to enforce orders of court: an action for contempt, which has as its basic purpose punishing the transgressor for failing to adhere to the court’s order; or, orders designed to secure the transfer of property (usually money) from one side (usually the “losing side”) to the other side (the person in whose favor the order has been entered).

4. 4 A. INTRODUCTION In the family law context many Family Code sections provide the trial court wide discretion in the availability of methods of enforcing its judgments, orders, and decrees. In the family law context many Family Code sections provide the trial court wide discretion in the availability of methods of enforcing its judgments, orders, and decrees. Section 290, the first enforcement section in the Code, provides (in pertinent part) that: “A judgment or order made or entered pursuant to this code may be enforced by the court by execution, the appointment of a receiver, or contempt, or by such other order as the court in its discretion determines from time to time to be necessary.” Section 290, the first enforcement section in the Code, provides (in pertinent part) that: “A judgment or order made or entered pursuant to this code may be enforced by the court by execution, the appointment of a receiver, or contempt, or by such other order as the court in its discretion determines from time to time to be necessary.”

5. 5 B. CONTEMPT Family Code section 290 makes it clear that any judgment or order made or entered in a family law proceeding is enforceable through the use of a contempt proceeding. Family Code section 290 makes it clear that any judgment or order made or entered in a family law proceeding is enforceable through the use of a contempt proceeding. Additionally, orders for child and spousal support, the payment of attorney’s fees, orders relating to custody and visitation, and even orders requiring the division of community property are enforceable by contempt. Additionally, orders for child and spousal support, the payment of attorney’s fees, orders relating to custody and visitation, and even orders requiring the division of community property are enforceable by contempt.

6. 6 B. CONTEMPT A contempt proceeding is what is called “quasi- criminal” in nature. A contempt proceeding is what is called “quasi- criminal” in nature. The penalty for contempt includes the potential for a jail sentence. The penalty for contempt includes the potential for a jail sentence. As such, an action for contempt is subject to much stricter guidelines and protections than many other civil remedies and is subject to strict scrutiny with regard to establishing the existence of the contempt. As such, an action for contempt is subject to much stricter guidelines and protections than many other civil remedies and is subject to strict scrutiny with regard to establishing the existence of the contempt.

7. 7 B. CONTEMPT Contempt of court deals with the fact that the party has chosen blatantly to disobey a court order, in essence, setting himself up in a position (at least in his mind) superior to that of the court. Contempt of court deals with the fact that the party has chosen blatantly to disobey a court order, in essence, setting himself up in a position (at least in his mind) superior to that of the court. In the context of contempt litigation, there is both a civil component and a criminal component, which are concurrent and cumulative remedies. In the context of contempt litigation, there is both a civil component and a criminal component, which are concurrent and cumulative remedies.

8. 8 B. CONTEMPT The civil contempt aspect of a general contempt proceeding is that the person charged with the contempt is being sentenced with imprisonment (or assessed a fine) only until he or she does that which is called for in the court order. The civil contempt aspect of a general contempt proceeding is that the person charged with the contempt is being sentenced with imprisonment (or assessed a fine) only until he or she does that which is called for in the court order. Conversely, a contempt is criminal in nature if the fundamental purpose of its use is to punish. Conversely, a contempt is criminal in nature if the fundamental purpose of its use is to punish.

9. 9 B. CONTEMPT A contempt proceeding is primarily “civil” in nature when it is used to compel compliance with the court’s order. A contempt proceeding is primarily “civil” in nature when it is used to compel compliance with the court’s order. The citee (the word used to describe the individual charged with the contempt) can “purge” himself of the contempt simply by doing that which is expected of him. The citee (the word used to describe the individual charged with the contempt) can “purge” himself of the contempt simply by doing that which is expected of him. On the other hand, if the contempt proceeding is not primarily designed to extract some sort of performance by the citee, this ability to purge himself of the contempt is not present. On the other hand, if the contempt proceeding is not primarily designed to extract some sort of performance by the citee, this ability to purge himself of the contempt is not present.

10. 10 B. CONTEMPT The intention is simply to punish, and in that regard it starts to lean more toward the criminal side of an action. The intention is simply to punish, and in that regard it starts to lean more toward the criminal side of an action. Even though a contempt action involves issues “between the judge and the citee,” the court leaves it up to the other parties to the litigation to file, on judicial council forms, citations for contempt against the offending party. Even though a contempt action involves issues “between the judge and the citee,” the court leaves it up to the other parties to the litigation to file, on judicial council forms, citations for contempt against the offending party.

11. 11 B. CONTEMPT When filing an action for contempt the other party to the litigation must plead and prove the existence of four elements to establish a prima facie case against the citee. When filing an action for contempt the other party to the litigation must plead and prove the existence of four elements to establish a prima facie case against the citee. These four elements, which must be proven by the party initiating the proceeding, are: These four elements, which must be proven by the party initiating the proceeding, are: 1. the existence of a lawful order 1. the existence of a lawful order 2. the citee had knowledge of the order 2. the citee had knowledge of the order

12. 12 B. CONTEMPT 3. the citee had the ability to comply with the order; and, 3. the citee had the ability to comply with the order; and, 4. the willful disobedience of the order by the citee. 4. the willful disobedience of the order by the citee. Because of the quasi-criminal nature of the contempt charge, the citee is entitled to several of the due process rights accorded to other criminal defendants, including the opportunity to have a formal hearing on the existence of the contempt, the right to have a lawyer appointed free of charge to represent him in the contempt action if he cannot afford one, formal notice of the charge, and the right to remain silent. Because of the quasi-criminal nature of the contempt charge, the citee is entitled to several of the due process rights accorded to other criminal defendants, including the opportunity to have a formal hearing on the existence of the contempt, the right to have a lawyer appointed free of charge to represent him in the contempt action if he cannot afford one, formal notice of the charge, and the right to remain silent.

13. 13 B. CONTEMPT Additionally, the citee in the contempt proceeding has the same right as a “regular” criminal defendant that the evidence of the contempt must be proven beyond a reasonable doubt rather than simply by a preponderance of the evidence. Additionally, the citee in the contempt proceeding has the same right as a “regular” criminal defendant that the evidence of the contempt must be proven beyond a reasonable doubt rather than simply by a preponderance of the evidence. As a general rule, there is no right to a trial by jury in California on a civil contempt. As a general rule, there is no right to a trial by jury in California on a civil contempt. A strong argument can be made that in a “criminal” civil contempt proceeding the right to a jury trial should be enforced. A strong argument can be made that in a “criminal” civil contempt proceeding the right to a jury trial should be enforced.

14. 14 B. CONTEMPT The Order to Show Cause for Contempt (the “citation”), which establishes the charge of contempt, must be personally served on the citee for the court to acquire jurisdiction. The Order to Show Cause for Contempt (the “citation”), which establishes the charge of contempt, must be personally served on the citee for the court to acquire jurisdiction. Service must be effected in manner authorized for the service of summons. Service must be effected in manner authorized for the service of summons. This means that the charging papers must be personally served on the citee. This means that the charging papers must be personally served on the citee.

15. 15 B. CONTEMPT The first element to be established is that the order alleged to have been disobeyed was in fact valid at the time of its issuance. The first element to be established is that the order alleged to have been disobeyed was in fact valid at the time of its issuance. The order must have been clear, unambiguous, and capable of being understood by the citee. The order must have been clear, unambiguous, and capable of being understood by the citee. Any ambiguities in the order will be resolved in favor of a finding that the party is not in contempt. Any ambiguities in the order will be resolved in favor of a finding that the party is not in contempt. As a general rule, establishment of this element requires little more than requesting the court to take judicial notice of the order that it previously entered in the action. As a general rule, establishment of this element requires little more than requesting the court to take judicial notice of the order that it previously entered in the action.

16. 16 B. CONTEMPT The second element to be established is that the citee had knowledge of the contents of the order. The second element to be established is that the citee had knowledge of the contents of the order. This does not mean to say that the citee must have been personally served with a copy of the order, however such knowledge or notice is achieved. This does not mean to say that the citee must have been personally served with a copy of the order, however such knowledge or notice is achieved. This is typically established by requesting the court to take judicial notice of the notation in the court’s minutes of the hearing at which the original order was announced from the bench of the fact that the citee was present when the order was made. This is typically established by requesting the court to take judicial notice of the notation in the court’s minutes of the hearing at which the original order was announced from the bench of the fact that the citee was present when the order was made.

17. 17 B. CONTEMPT The third element that must be established in order to prove a case for contempt is that the citee had the ability to comply with the court’s orders. The third element that must be established in order to prove a case for contempt is that the citee had the ability to comply with the court’s orders. This is perhaps the most difficult element to establish because it must be done without the benefit of any input from the citee. This is perhaps the most difficult element to establish because it must be done without the benefit of any input from the citee. The citee has the right to remain silent. The citee has the right to remain silent. He cannot be called to stand to testify against himself nor can any statements previously made by the citee be used to establish the prima facie case of contempt. He cannot be called to stand to testify against himself nor can any statements previously made by the citee be used to establish the prima facie case of contempt.

18. 18 B. CONTEMPT The fourth element to be established in this context is that the citee’s disobedience of the court order was willful or, for all practical purposes, inexcusable. The fourth element to be established in this context is that the citee’s disobedience of the court order was willful or, for all practical purposes, inexcusable. In this regard, this element is almost always established in the prima facie case, thus shifting the burden of establishing a defense (or an excuse for noncompliance) that the refusal to obey was not “willful.” In this regard, this element is almost always established in the prima facie case, thus shifting the burden of establishing a defense (or an excuse for noncompliance) that the refusal to obey was not “willful.” Once the prima facie case for contempt has been made, the burden shifts to the citee to establish any defense he may have for his disobedience. Once the prima facie case for contempt has been made, the burden shifts to the citee to establish any defense he may have for his disobedience.

19. 19 B. CONTEMPT This defense includes attempting to demonstrate that the order, as made, is either invalid or ambiguous, that the citee did not have the ability to comply with the order, that the moving party by virtue of her conduct has waived substantial compliance with the court’s orders or is estopped from raising contempt as a defense to noncompliance, or that the contempt action violates the statute of limitations. This defense includes attempting to demonstrate that the order, as made, is either invalid or ambiguous, that the citee did not have the ability to comply with the order, that the moving party by virtue of her conduct has waived substantial compliance with the court’s orders or is estopped from raising contempt as a defense to noncompliance, or that the contempt action violates the statute of limitations.

20. 20 B. CONTEMPT With respect to contempt proceedings in a family law context, the court will employ that statute of limitations set out in Code of Civil Procedure section 1218.5: “If the contempt alleged is the failure to pay child, family, or spousal support, the period of limitations for commencing a contempt action is three years from the date that the payment was due. With respect to contempt proceedings in a family law context, the court will employ that statute of limitations set out in Code of Civil Procedure section 1218.5: “If the contempt alleged is the failure to pay child, family, or spousal support, the period of limitations for commencing a contempt action is three years from the date that the payment was due. If the action before the court is enforcement of another order under the Family Code, the period of limitations for commencing a contempt action is two years from the time that the alleged contempt occurred.” If the action before the court is enforcement of another order under the Family Code, the period of limitations for commencing a contempt action is two years from the time that the alleged contempt occurred.”

21. 21 B. CONTEMPT An interesting problem that arises in the context of family law contempt concerns children who are unwilling to visit with the noncustodial parent. An interesting problem that arises in the context of family law contempt concerns children who are unwilling to visit with the noncustodial parent. In this context, it has been held that a custodial parent will only be held in contempt of a visitation order if he possesses sufficient control over the child to actually have the ability to make the child available for visitation. In this context, it has been held that a custodial parent will only be held in contempt of a visitation order if he possesses sufficient control over the child to actually have the ability to make the child available for visitation. See Coursey v. Superior Court on pages 442-443. See Coursey v. Superior Court on pages 442-443.

22. 22 B. CONTEMPT Under these circumstances, however, the court might very well be inclined to shift custody from the custodial parent to the noncustodial parent, thus presenting the recalcitrant child with the option of either visiting with the noncustodial parent or living with her. Under these circumstances, however, the court might very well be inclined to shift custody from the custodial parent to the noncustodial parent, thus presenting the recalcitrant child with the option of either visiting with the noncustodial parent or living with her. The penalties for contempt in the context of a family law matter include five days in jail, a fine of $1,000, or both, for each count of contempt. The penalties for contempt in the context of a family law matter include five days in jail, a fine of $1,000, or both, for each count of contempt. See example on page 443. See example on page 443. Figure 10-1 on page 444 to 447 includes the form and its information sheet. Figure 10-1 on page 444 to 447 includes the form and its information sheet.

23. 23 C. ENFORCEMENT OF SUPPORT ORDERS Notwithstanding the fact that court orders for support are enforceable under general civil enforcement procedures, as well as specialized statutory schemes designed for that purpose, the legislature recognized that implementing those various procedures can be both costly and time-consuming for the recipient party. Notwithstanding the fact that court orders for support are enforceable under general civil enforcement procedures, as well as specialized statutory schemes designed for that purpose, the legislature recognized that implementing those various procedures can be both costly and time-consuming for the recipient party. The statutory scheme unique to enforcement of support orders under the Family Code has been established and can be found in Part 5 of Division 9 of the Family Code, commencing at section 4500, which provides that: “An order for child, family, or spousal support that is made, entered, or enforceable in this state is enforceable under this Code, whether or not the order was made and entered pursuant to this Code.” The statutory scheme unique to enforcement of support orders under the Family Code has been established and can be found in Part 5 of Division 9 of the Family Code, commencing at section 4500, which provides that: “An order for child, family, or spousal support that is made, entered, or enforceable in this state is enforceable under this Code, whether or not the order was made and entered pursuant to this Code.”

24. 24 1. EARNINGS WITHHOLDING ORDER SUPPORT A wage assignment or garnishment is a procedure by which a portion of a judgment debtor’s paycheck is withheld by the employer and paid directly to the judgment creditor in satisfaction of a money judgment. A wage assignment or garnishment is a procedure by which a portion of a judgment debtor’s paycheck is withheld by the employer and paid directly to the judgment creditor in satisfaction of a money judgment. In the family law context of spousal and child support, two such procedures fall into this general description of orders. In the family law context of spousal and child support, two such procedures fall into this general description of orders. One is the Earnings Withholding Order for Support contemplated by Code of Civil Procedure sections 706.030 et seq. One is the Earnings Withholding Order for Support contemplated by Code of Civil Procedure sections 706.030 et seq.

25. 25 1. EARNINGS WITHHOLDING SUPPORT ORDER The other is known as an Earnings Assignment Order for Support which is provided for by Family Code sections 5200 et seq. The other is known as an Earnings Assignment Order for Support which is provided for by Family Code sections 5200 et seq. The provisions of these sections were essentially enacted pursuant to a federally imposed mandate that all support orders, unless stayed by the court for good cause, be subject to an immediate wage assignment, thus shifting the mechanics for the payment of child and spousal support away from the judgment debtor and on to the judgment debtor’s employer. The provisions of these sections were essentially enacted pursuant to a federally imposed mandate that all support orders, unless stayed by the court for good cause, be subject to an immediate wage assignment, thus shifting the mechanics for the payment of child and spousal support away from the judgment debtor and on to the judgment debtor’s employer.

26. 26 1. EARNINGS WITHHOLDING ORDER SUPPORT The Withholdings Order for Support can only be used to collect amounts of support that are delinquent (that is, in arrears). The Withholdings Order for Support can only be used to collect amounts of support that are delinquent (that is, in arrears). A Family Code section 5208 Earnings Assignment can reach earnings to satisfy both arrearages and future installment obligations. A Family Code section 5208 Earnings Assignment can reach earnings to satisfy both arrearages and future installment obligations. While and Withholding Order for Support can be used to satisfy all money judgments, the wage assignment provided for in Family Code section 5208 is exclusive to the enforcement of court-ordered support. While and Withholding Order for Support can be used to satisfy all money judgments, the wage assignment provided for in Family Code section 5208 is exclusive to the enforcement of court-ordered support.

27. 27 1. EARNINGS WITHHOLDING ORDER SUPPORT Imposition of this Earnings Assignment order is automatically incorporated into every support order. Imposition of this Earnings Assignment order is automatically incorporated into every support order. The wage assignment is a directive issued by a court to the employer to withhold an amount of money from the employee’s paycheck each month (or each paycheck) as will be sufficient to satisfy the court order. The wage assignment is a directive issued by a court to the employer to withhold an amount of money from the employee’s paycheck each month (or each paycheck) as will be sufficient to satisfy the court order. With child support, it is typically set up to withhold the entire amount payable as child support on a monthly basis per paycheck. With child support, it is typically set up to withhold the entire amount payable as child support on a monthly basis per paycheck.

28. 28 1. EARNINGS WITHHOLDING ORDER SUPPORT Once obtained, the earnings assignment order is not served on the obligor; rather, it is served on the obligor’s employer. Once obtained, the earnings assignment order is not served on the obligor; rather, it is served on the obligor’s employer. Thereafter, it becomes the obligation of the employer to immediately start withholding enough money from the employee’s paycheck to cover the amounts set forth in the assignment order and forward it to the obligee within ten days of the date the obligor is normally paid. Thereafter, it becomes the obligation of the employer to immediately start withholding enough money from the employee’s paycheck to cover the amounts set forth in the assignment order and forward it to the obligee within ten days of the date the obligor is normally paid.

29. 29 1. EARNINGS WITHHOLDING ORDER SUPPORT If the employer does not withhold the amount of support required by the assignment order and pay it over to the obligee on behalf of the employee, then the employer itself will be made to pay the employee’s support payments. If the employer does not withhold the amount of support required by the assignment order and pay it over to the obligee on behalf of the employee, then the employer itself will be made to pay the employee’s support payments. The wage assignment need not be served on the employer personally. The wage assignment need not be served on the employer personally. It can be served by first-class mail pursuant to Family Code section 5232. It can be served by first-class mail pursuant to Family Code section 5232. See Figure 10-2 on pages 453-454. See Figure 10-2 on pages 453-454.

30. 30 2. ABSTRACT OF JUDGMENT An Abstract of Judgment is simply a piece of paper, usually a court form, that is issued by the clerk of the court certifying the general contents of any particular judgment entered in a court proceeding. An Abstract of Judgment is simply a piece of paper, usually a court form, that is issued by the clerk of the court certifying the general contents of any particular judgment entered in a court proceeding. This document is then recorded with the county recorder of every county in which the obligor is believed to own property. This document is then recorded with the county recorder of every county in which the obligor is believed to own property. Once it has been so recorded, it will constitute an automatic lien on any such property existing in the county at that time (as to property already owned), or at such later time as the obligor acquires property and records the document of ownership with the county recorder. Once it has been so recorded, it will constitute an automatic lien on any such property existing in the county at that time (as to property already owned), or at such later time as the obligor acquires property and records the document of ownership with the county recorder.

31. 31 3. CHILD SUPPORT SECURITY DEPOSIT Every order or judgment to pay child support may also require the payment by the supporting parent of a deposit of up to one year’s worth of child support. Every order or judgment to pay child support may also require the payment by the supporting parent of a deposit of up to one year’s worth of child support. This deposit is known as a child support security deposit. This deposit is known as a child support security deposit. The funds will be subject to withdrawal only upon court authorization and shall be used “exclusively to guarantee the monthly payment of child support” (Family Code section 4561). The funds will be subject to withdrawal only upon court authorization and shall be used “exclusively to guarantee the monthly payment of child support” (Family Code section 4561). Upon the application of the recipient parent verifying under penalty of perjury that a support payment is ten or more days late, the court will immediately order disbursement of sufficient funds from this child support security deposit to bring the child support in arrears current. Upon the application of the recipient parent verifying under penalty of perjury that a support payment is ten or more days late, the court will immediately order disbursement of sufficient funds from this child support security deposit to bring the child support in arrears current.

32. 32 4. ORDER FOR DEPOSIT OF ASSETS Family Code section 4610(a) directs the court to order any child support payor who is 60 days in arrears to deposit security for child support upon receipt of a recipient’s (or district attorney’s) petition for same after notice and opportunity for hearing on the issue. Family Code section 4610(a) directs the court to order any child support payor who is 60 days in arrears to deposit security for child support upon receipt of a recipient’s (or district attorney’s) petition for same after notice and opportunity for hearing on the issue. The amount for this security is established by Family Code section 4614 as being assets or cash equal in value to one year’s support payments or $6,000, whichever is less. The amount for this security is established by Family Code section 4614 as being assets or cash equal in value to one year’s support payments or $6,000, whichever is less.

33. 33 4. ORDER FOR DEPOSIT OF ASSETS The only way the payor can get around the imposition of this security deposit is to rebut the statutory presumption created by section 4611 that the nonpayment was “willful, without good faith” and that “the obligor had the ability to pay the support.” The only way the payor can get around the imposition of this security deposit is to rebut the statutory presumption created by section 4611 that the nonpayment was “willful, without good faith” and that “the obligor had the ability to pay the support.” The deposited assets may be returned to the obligor if one year has passed since the court issued the order and the obligor-parent has made all support payments on time during that one year period. The deposited assets may be returned to the obligor if one year has passed since the court issued the order and the obligor-parent has made all support payments on time during that one year period.

34. 34 5. NOTICE OF DELINQUENCY See Family Code section 4722 on page 460. See Family Code section 4722 on page 460. The Notice of Delinquency is prepared on a judicial council form and must state all of the following: the amount of the child support that is in arrears, the installments of support due that have been paid, and that any unpaid installment of child support will incur the penalty referenced in section 4722. The Notice of Delinquency is prepared on a judicial council form and must state all of the following: the amount of the child support that is in arrears, the installments of support due that have been paid, and that any unpaid installment of child support will incur the penalty referenced in section 4722.

35. 35 5. NOTICE OF DELINQUENCY This Notice of Delinquency is then served on the obligor parent who has 30 days within which to either pay the noticed delinquency or file a motion to determine arrearages and to show cause why the penalty referenced in section 4722 should not be imposed. This Notice of Delinquency is then served on the obligor parent who has 30 days within which to either pay the noticed delinquency or file a motion to determine arrearages and to show cause why the penalty referenced in section 4722 should not be imposed. As a general rule, especially upon an initial application, if the obligor parent makes any kind of credible showing as to a legitimate basis for the nonpayment of support, the court will most likely not impose the penalties provided for in section 4722. As a general rule, especially upon an initial application, if the obligor parent makes any kind of credible showing as to a legitimate basis for the nonpayment of support, the court will most likely not impose the penalties provided for in section 4722.

36. 36 D. UNIFORM INTERSTATE FAMILY SUPPORT ACT It is not uncommon for parties to become divorced or otherwise obtain orders for support in one state prior to relocating to California (or vice versa) and in so doing leave the obligor or obligee spouse behind in the issuing state. It is not uncommon for parties to become divorced or otherwise obtain orders for support in one state prior to relocating to California (or vice versa) and in so doing leave the obligor or obligee spouse behind in the issuing state. When this happens, there are special provisions for the enforcement of support obligations across state lines. When this happens, there are special provisions for the enforcement of support obligations across state lines.

37. 37 D. UNIFORM INTERSTATE FAMILY SUPPORT ACT The remedies provided by UIFSA are in addition to any other enforcement remedies that may be available, thus allowing a support obligee the opportunity to pursue recovery not only pursuant to the general civil methods discussed above but also pursuant to the provisions of this Uniform Act. The remedies provided by UIFSA are in addition to any other enforcement remedies that may be available, thus allowing a support obligee the opportunity to pursue recovery not only pursuant to the general civil methods discussed above but also pursuant to the provisions of this Uniform Act. This Act is applicable in all 50 states as well as the possessions of the United States. This Act is applicable in all 50 states as well as the possessions of the United States. See example on page 456. See example on page 456.

38. 38 D. UNIFORM INTERSTATE FAMILY SUPPORT ACT Once a support order has been properly registered, it is filed in the appropriate court of the state in which the obligee resides. Once a support order has been properly registered, it is filed in the appropriate court of the state in which the obligee resides. The court in that state must accept the order and must agree to act on it, assuming that it is substantially in compliance with the provisions of this Act. The court in that state must accept the order and must agree to act on it, assuming that it is substantially in compliance with the provisions of this Act. California can either act as an initiating state or as a responding state depending on the particular facts and circumstances at issue. California can either act as an initiating state or as a responding state depending on the particular facts and circumstances at issue.

39. 39 E. REG. OF INTERCOUNTY SUPPORT ORDERS The UIFSA applies only to the registration and enforcement of out-of-state support orders and does not govern the enforcement of support orders between California counties (as where either party to a California support order moves to another county after entry of the initial order). The UIFSA applies only to the registration and enforcement of out-of-state support orders and does not govern the enforcement of support orders between California counties (as where either party to a California support order moves to another county after entry of the initial order). The procedure for intercounty registration can be found at Family Code sections 5600 et seq. The procedure for intercounty registration can be found at Family Code sections 5600 et seq. See page 465. See page 465.

40. 40 E. REG. OF INTERCOUNTY SUPPORT ORDERS Once the obligor has received notice from the clerk of the court that the support order has been registered in that court, the obligor is given 20 days within which time to file a notice of motion requesting the court to vacate the registration. Once the obligor has received notice from the clerk of the court that the support order has been registered in that court, the obligor is given 20 days within which time to file a notice of motion requesting the court to vacate the registration. At the hearing, the obligor is only allowed to present the court with matters that would be available to the obligor as defenses in an action to enforce a support order. At the hearing, the obligor is only allowed to present the court with matters that would be available to the obligor as defenses in an action to enforce a support order. In other words, the obligor cannot seek to relitigate de novo the issue of amount of child support. In other words, the obligor cannot seek to relitigate de novo the issue of amount of child support.

41. 41 F. GENERAL CIVIL DEBT COLLECTION METHODS 1. Writ of Execution 1. Writ of Execution 2. Abstract of Judgment (Civil) 2. Abstract of Judgment (Civil) 3. Appointment of Receiver 3. Appointment of Receiver 4. Writ of Possession 4. Writ of Possession 5. Installation of a “Keeper” 5. Installation of a “Keeper” 6. Debtor’s Examination 6. Debtor’s Examination 7. Wage assignment (Civil) 7. Wage assignment (Civil)

42. 42 G. SISTER STATE MONEY- JUDGMENT ACT This Act is found at Code of Civil Procedure sections 1710.10 et seq. This Act is found at Code of Civil Procedure sections 1710.10 et seq. The primary distinction between the SSMJA and the UIFSA is that the SSMJA can be used to enforce orders that are not necessarily for the payment of support. The primary distinction between the SSMJA and the UIFSA is that the SSMJA can be used to enforce orders that are not necessarily for the payment of support. Procedurally, an order under the SSMJA contemplates simply applying for entry of judgment in California based upon the out-of-state order. Procedurally, an order under the SSMJA contemplates simply applying for entry of judgment in California based upon the out-of-state order. The basic procedures for utilization of the SSMJA are set out in Code of Civil Procedure section 1710.15. The basic procedures for utilization of the SSMJA are set out in Code of Civil Procedure section 1710.15. See pages 471 and 472. See pages 471 and 472.