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JURISDICTION FOR CHILD AND SPOUSAL SUPPORT.

By Ronn Bisbee

Jurisdiction over a person (i.e., personal jurisdiction) is required before a court has authority to enter any order over that person. Personal jurisdiction is ordinarily established when a person lives within the borders of a particular state. However, even when the person resides in another state, “long-arm” jurisdiction may be utilized to secure personal jurisdiction over a person.

In California, and most other states, there is a long-arm jurisdiction statute. In California, it is found under Family Code Section 4905.

California Family Code Section 4905.
(a) In a proceeding to establish or enforce a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if any of the following apply:

(1) The individual is personally served with notice within this state.

(2) The individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.

(3) The individual resided with the child in this state.

(4) The individual resided in this state and provided prenatal expenses or support for the child.

(5) The child resides in this state as a result of the acts or directives of the individual.

(6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.

(7) The individual has filed a declaration of paternity pursuant to Chapter 3 (commencing with Section 7570) of Part 2 of Division 12.

(8) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(b) The bases of personal jurisdiction set forth in subdivision (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of the state to modify a child support order of another state unless the requirements of Section 4960 or 4964 are met. (Amended (as amended by Stats. 2002, Ch. 349) by Stats. 2006, Ch. 538, Sec. 159. Effective January 1, 2007. Amendments conditionally operative as provided in Stats. 2002, Ch. 349, Sec. 47. Note: This version succeeds the Ch. 349 version on Jan. 1, 2007, and is subject to the same operational conditions applicable to that prior version.)

 


Serving Orange County, San Diego County, Riverside County, San Bernardino County, Los Angeles County, and Ventura County. We enforce California child support orders and spousal support orders anywhere in California, and in many cases, nationwide, under the the Uniform Interstate Family Support Act (UIFSA).