Out of State Family Law Orders (California)

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Out of State Family Law Orders (California)

Postby lacompfun on Wed Dec 20, 2017 10:15 am

Scenario:

1. Applicant owes child support from a different state than CA.
2. Their is child support order out of the different state.
3. Applicant goes on TTD for his work injury California. Defendant withholds the 25% on TTD. So that is the rate under California law using the formula labor code 4903 etc.

Questions:

1. Does Defendant have to withhold the 25% against TTD for child support order from a different State?
if yes, please cite any authority with answer.

2. As far as PD, it is up to the judge equity wise.

it seems their would be a federal law that would be applicable. Otherwise an applicant who owes child support in a different state could get all the money whereas if the support order was issued from California the payment would be withheld.
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Re: Out of State Family Law Orders (California)

Postby LawAdvocate on Wed Dec 20, 2017 10:26 am

Federal law mandates reciprocity with other states. Can I find that law right now? No.

This is the link from the CA Department of Child Support Services, page 11 addresses out of state issues.

posting.php?mode=reply&f=70&t=3366

The general principle is that the TPA or IC stands in the shoes of the employer as to TTD being paid in lieu of wages. I contacted the CA Dept of Child Support Services and was advised to honor any Income Withholding Orders (IWOs) from any state. Not sure that is what you want...but best I have to offer.
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Re: Out of State Family Law Orders (California) (California)

Postby mytwocents on Wed Dec 20, 2017 11:06 am

I agree with LawAdvocate. The applicable CA statutes are Family Code §5208 and Code of Civil Procedure §704.160. The Family Code section makes reference to a section of the U.S. Code that requires states to recognize the orders of other states. A good explanation of how this works can be found in the WCAB's en banc opinion in Messinese v. Automatic Heating (2004) 69 Cal. Comp. Cases 480. Although Messinese involved a CA support order, the principle is the same.

Re your question about PD, a child/spousal support lien can be filed and the recovery is discretionary with the WCJ per Labor Code §4903(e) which says: "These expenses shall be allowed in the proportion that the appeals board deems proper." However, a wage assignment order can only be applied to payments of TD because TD is a substitute for wages. It's like a creditor garnishing a worker's paycheck.
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Re: Out of State Family Law Orders (California)

Postby 50Cal20 on Wed Dec 20, 2017 2:24 pm

Just last fall I taught a class for the state bar on child support in workers' compensation, including a segment on out of state child support orders. As others have mentioned in the blog string above, California has reciprocal agreements with other states to honor child support orders. You will find these agreements under the Uniform Interstate Family Support Act (UIFSA) . In order for an out of state child support order to be enforced in California the Order must first be registered in California Superior Court using form FL-570 which can be found at the following website:

http://www.courts.ca.gov/documents/fl570.pdf

Once the out of state order is registered it is enforceable but only to the extent allowed under California law. For example, if the out of state child support garnishment order calls for 50% garnishment of disability benefits, the order will be amended to conform with California law allowing for maximum garnishment of up to only 25% of TD.

It is the duty of the garnishor, not the claims administrator, to register the out of state order in CA Superior Court. Once registered the order is binding in California. If not registered, then the out of state order is not binding in this state.
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Re: Out of State Family Law Orders (California)

Postby jonbrissman on Wed Dec 20, 2017 4:51 pm

Article IV, Section 1 of the U.S. Constitution says: "Full Faith and Credit shall be given is each State to the public Acts, Records, and judicial Proceedings of every other State." So an out-of-state court order has the same force and effect in California as an order from a California court.
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Re: Out of State Family Law Orders (California)

Postby 50Cal20 on Wed Dec 20, 2017 6:41 pm

The previous post from Jonbrissman is correct, as are all the other posts, and a out of state order has the same force and effect in California as an order from a California court, once the out of state order has been registered in CA Superior Court. Otherwise, ask yourself, "Why does form FL-150 (Registration of Out Of State Support Order) exist if we don't need it?" Of course we need it. That's why the form exists.-
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Re: Out of State Family Law Orders (California)

Postby lacompfun on Wed Dec 20, 2017 9:00 pm

Thank you for the excellent information. Perfect.
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Re: Out of State Family Law Orders (California)

Postby jpod on Fri Dec 22, 2017 10:38 am

Nice to hear from you Jon, I always learned something from your posts!

On an unrelated matter I saw Armenta had a win on an IFPA claim this week.

Happy holidays to everyone who contributes!
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