Title
Title
Family Law: Child Support and Uniform Interstate Family Support Act (Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee recommends amending one rule and revising five Judicial Council forms to accurately reflect updated code references, adopting three new Judicial Council forms, and revoking two forms in their entirety. These changes are required by modifications to the Uniform Interstate Family Support Act (Sen. Bill 646 [Jackson]; Stats. 215, ch. 493, § 5), which was chaptered as Family Code sections 5700.101-5700.905.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2017:
1. Amend rule 5.324 to replace the reference to Family Code section 4930 with section 5700.316;
2. Adopt UIFSA Child Support Order Jurisdictional Attachment (form FL-590(A)) to make assumption or loss of continuing exclusive jurisdiction a standard order in California;
3. Adopt Notice of Registration of an International Hague Convention Support Order (form FL-592) which clearly delineates the time frames within which one may contest the validity or enforcement of a registered Hague Convention support order and provide the necessary next steps toward contesting the Convention support order;
4. Adopt Request for Hearing Regarding Registration of an International Hague Convention Support Order (form FL-594), which lists the appropriate defenses for the Convention support order;
5. Revise form FL-510 to replace the reference to Family Code section 4925 with section 5700.311 and change the layout of the form to conform to the layout of other existing family law summons forms;
6. Revise form FL-520 to replace the reference to Family Code section 4925 with section 5700.311 and to make a request for genetic testing mandatory for all children to which an alleged parent denies parentage;
7. Revise form FL-560 to replace the reference to Family Code section 5001 with section 17404.2;
8. Revise form FL-570 to replace the references to Family Code sections 4952 and 4954 with sections 5700.603 and 5700.605, respectively, and to correct the notice regarding the deadline for a responding party to request a hearing;
9. Revise form FL-575 to replace the references to Family Code sections 4955 and 4956 with sections 5700.606 and 5700.607, respectively; and
10. Revoke forms FL-511, Ex Parte Application for Order for Nondisclosure of Address and Order (UIFSA) and FL-515, Order to Show Cause (UIFSA).