Modification To Out Of State Child Support Order

In order modify the out-of-state child support order in a tribunal in the state of California it is necessary to prove residency in the state of California of at least the respondent and the children subject to the child support order for over six months. See Fam Code § 5700.611

If these requirements can be proven then the petitioning party may seek a court order for modification on the same grounds as would generally be available to a party seeking to modify a child support order which was originally issued in the state of California. When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the non-registering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

A notice must inform the non-registering party:

(1) that a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(2) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under Section 5700.707;

(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

(4) of the amount of any alleged arrearages. See Fam Code § 5700.605

If the court grants the request to modify the out-of-state child support order the prevailing party will be required to register a certified copy of the new child support order in the original tribunal within 30 days.