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California Family Code Section 4909

Legal Research Home > California Laws > Family Code > California Family Code Section 4909

4909.  (a) A tribunal of this state issuing a support order
consistent with the law of this state has continuing, exclusive
jurisdiction over a child support order:
   (1) As long as this state remains the residence of the obligor,
the individual obligee, or the child for whose benefit the support
order is issued; or
   (2) Until all of the parties who are individuals have filed
written consents with the tribunal of this state for a tribunal of
another state to modify the order and assume continuing, exclusive
jurisdiction.
   (b) A tribunal of this state issuing a child support order
consistent with the law of this state may not exercise its continuing
jurisdiction to modify the order if the order has been modified by a
tribunal of another state pursuant to this chapter or a law
substantially similar to this chapter.
   (c) If a child support order of this state is modified by a
tribunal of another state pursuant to this chapter or a law
substantially similar to this chapter, a tribunal of this state loses
its continuing, exclusive jurisdiction with regard to prospective
enforcement of the order issued in this state, and may only:
   (1) Enforce the order that was modified as to amounts accruing
before the modification;
   (2) Enforce nonmodifiable aspects of that order; and
   (3) Provide other appropriate relief for violations of that order
which occurred before the effective date of the modification.
   (d) A tribunal of this state shall recognize the continuing,
exclusive jurisdiction of a tribunal of another state which has
issued a child support order pursuant to this chapter or a law
substantially similar to this chapter.
   (e) A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create continuing,
exclusive jurisdiction in the issuing tribunal.
   (f) A tribunal of this state issuing a support order consistent
with the law of this state has continuing, exclusive jurisdiction
over a spousal support order throughout the existence of the support
obligation. A tribunal of this state may not modify a spousal support
order issued by a tribunal of another state having continuing,
exclusive jurisdiction over that order under the law of that state.



4909.  (a) A tribunal of this state that has issued a support order
consistent with the law of this state has and shall exercise
continuing, exclusive jurisdiction to modify its child support order,
if the order is the controlling order and either of the following
applies:
   (1) At the time of filing the request for modification, this state
is the residence of the obligor, the individual obligee, or the
child for whose benefit the support order is issued.
   (2) Even if this state is not the residence of the obligor, the
individual obligee, or the child for whose benefit the support order
is issued, the parties consent in a record or in open court that the
tribunal of this state may continue to exercise jurisdiction to
modify its order.
   (b) A tribunal of this state that has issued a child support order
consistent with the law of this state may not exercise continuing,
exclusive jurisdiction to modify the order if either of the following
applies:
   (1) All of the parties who are individuals file consent in a
record with the tribunal of this state that a tribunal of another
state that has jurisdiction over at least one of the parties who is
an individual or that is located in the state of residence of the
child may modify the order and assume continuing, exclusive
jurisdiction.
   (2) Its order is not the controlling order.
   (c) If a tribunal of another state has issued a child support
order pursuant to the Uniform Interstate Family Support Act or a law
substantially similar to that act which modifies a child support
order of a tribunal of this state, tribunals of this state shall
recognize the continuing, exclusive jurisdiction of the tribunal of
the other state.
   (d) A tribunal of this state that lacks continuing, exclusive
jurisdiction to modify a child support order may serve as an
initiating tribunal to request a tribunal of another state to modify
a support order issued in that state.
   (e) A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create continuing,
exclusive jurisdiction in the issuing tribunal.

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Last modified: February 22, 2013