Section 117300 - [Operative until 7/1/2024] Continuing, Exclusive Jurisdiction to Modify a Support Order(a) Except as specified in subsection (b), only the issuing state shall have continuing, exclusive jurisdiction to modify a support order.(b) In determining whether it believes California or another state has continuing, exclusive jurisdiction to modify a support order, the local child support agency shall apply the following rules: (1) Only one state shall have continuing, exclusive jurisdiction to modify a support order at any given time.(2) If the child, the obligee who is an individual, or the obligor resides in the state that issued the controlling order, that state has continuing, exclusive jurisdiction to modify.(3) Once a state has continuing, exclusive jurisdiction, it shall retain jurisdiction as long as any one of the parties or children in the case still resides in the state, unless the parties file a written consent in the issuing tribunal allowing another state, with personal jurisdiction over any of the parties, to assume continuing, exclusive jurisdiction to modify the order.(c) When an obligee or obligor requests review and modification of a child support order, the local child support agency shall determine whether California has continuing, exclusive jurisdiction to modify the order, or whether the local child support agency must forward the request to another state for modification.(d) If there is a state that has continuing, exclusive jurisdiction, a local child support agency shall forward the request for modification to the state that has continuing, exclusive jurisdiction.(e) If a local child support agency determines that no state has continuing, exclusive jurisdiction, a local child support agency shall forward the request for review and modification to the state of the non-requesting parent.(f) A California tribunal may review and modify the order when it does not have continuing, exclusive jurisdiction, if both parents file a written consent form with the tribunal in the state that issued the order and the California court has personal jurisdiction over at least one of the parents.(g) In formulating its determination of whether California or another state has continuing, exclusive jurisdiction to modify the order, the local child support agency should make diligent efforts to determine whether there is any other entity having jurisdiction.(h) If California was the issuing state, and Californias loses jurisdiction, a local child support agency may not bring a request to modify the support order once another tribunal has properly assumed continuing, exclusive jurisdiction and modified the order.(i) If a tribunal of another state has assumed continuing, exclusive jurisdiction, and has modified the order, the local child support agency loses its authority to enforce the order prospectively, but retains jurisdiction to enforce the order as to amounts that accrued prior to the modification and as to nonmodifiable aspects of the order.Cal. Code Regs. Tit. 22, § 117300
1. New article 3 (sections 117300-117303) and section filed 9-24-2001 as an emergency; operative 9-24-2001 (Register 2001, No. 39). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 3-25-2002 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (sections 117300-117303) and section refiled 3-19-2002 as an emergency; operative 3-26-2002 (Register 2002, No. 12). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 9-23-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-19-2002 order, including amendment of section, transmitted to OAL 9-13-2002 and filed 10-28-2002 (Register 2002, No. 44). Note: Authority cited: Sections 17306, 17310 and 17312, Family Code Reference: Sections 4909, 4959, 4960 and 4962, Family Code.
1. New article 3 (sections 117300-117303) and section filed 9-24-2001 as an emergency; operative 9-24-2001 (Register 2001, No. 39). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 3-25-2002 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (sections 117300-117303) and section refiled 3-19-2002 as an emergency; operative 3-26-2002 (Register 2002, No. 12). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 9-23-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-19-2002 order, including amendment of section, transmitted to OAL 9-13-2002 and filed 10-28-2002 (Register 2002, No. 44).