Section 117303 - [Operative 7/1/2024] Reconciling Multiple Orders/Determination of Controlling Order(a) Where multiple orders were issued after the enactment of the Full Faith and Credit for Child Support Orders Act (28 U.S.C. § 1738B) (FFCCSOA, October 10, 1994), the provisions for Determination of Controlling Order, found at Family Code section 5700.207 do not apply. Instead, if a local child support agency discovers the existence of more than one support order for a family, made in more than one state and issued post-FFCCSOA, the agency shall: (1) Obtain copies of all child support orders in the case, and(2) Petition or assist in the petition of the tribunal of another state to reconcile and determine the validity of the later-issued orders.(b) Where more than one support order for a family exists, each issued prior to the enactment of FFCCSOA (October 10, 1994) and subject to ongoing support, the court shall apply the provisions for Determination of Controlling Order, found at Family Code section 5700.207. After determination and consolidation of arrears, and accrued interest, if any, the law of the state that issued the controlling order shall control the prospective accrual of interest on all accrued arrears.(c) Where more than one support order for a family exists, each issued prior to the enactment of FFCCSOA (October 10, 1994), but not subject to ongoing support, the provisions for Determination of Controlling Order, found at Family Code Section 5700.207 do not apply. Instead, if a local child support agency discovers the existence of more than one support order for a family made in more than one state and issued pre FFCCSOA the agency shall:(1) Obtain copies of all child support orders in the case, and(2) Petition the local tribunal, or assist the tribunal in another state, to reconcile accounts and determine arrears.Cal. Code Regs. Tit. 22, § 117303
Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Section 5700.207, Family Code; and 28 United States Code, Section 1738B.
Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Section 4911, Family Code; and 28 United States Code, Section 1738B.
1. New 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section 17306(e), a Certificate of Compliance must be transmitted to OAL by 3-25-2002 or emergency language will be repealed by operation of law on the following day.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 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 subsections (b), (c)(4) and (d)(1), transmitted to OAL 9-13-2002 and filed 10-28-2002 (Register 2002, No. 44).
4. Amendment of section and NOTE filed 3-11-2024; operative 7/1/2024 (Register 2024, No. 11).