Levy v. Levy CA4/3
Morton Levy failed to pay child support and spousal support as ordered by a court in New Jersey. In 2016, Selma Levy, Morton’s ex-wife, registered the New Jersey support order in the family law court in Orange County, California. Sidell Levy, Morton’s second wife, requested that the registration be vacated or cancelled. The trial court granted Sidell’s request on the grounds the matter belonged in probate court because Morton was deceased.
The Uniform Interstate Family Support Act, Family Code section 5700.101 et seq. (UIFSA), does not specify in which court a support order may be registered. (All further statutory references are to the Family Code.) The local rules of the Orange County Superior Court, however, require that UIFSA proceedings be filed in family court. Under UIFSA, a support order from another state that is registered in California may be challenged on specific grounds; the death of the party ordered to pay support is not one of those grounds.
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