Jenkins

De Leon v. Jenkins

Good Law
143 Cal. App. 4th 118·2006 Cal. App. LEXIS 1450·2006 Daily Journal DAR 12844·49 Cal. Rptr. 3d 145·2006 Cal. Daily Op. Serv. 9008
Court of Appeal of CaliforniaSeptember 21, 2006D046188California3,726 words

Opinion

Opinion

Irion, J.

In September 2003, the San Diego County Department of Child Support Services (DCSS) registered a New Mexico child support order in San Diego County Superior Court and in item 1, “Case Summary,” on an accompanying “Registration Statement,” listed zero dollars of arrears. In proceedings following the registration, the trial court adjudicated the amount of arrears owed under the order, including those incurred prior to registration, and determined that Gregory S. Jenkins, the obligor under the support order, owed over $3,000 in child support to his former wife, Amy D. de Leon.

In this appeal Jenkins contends that because neither he nor de Leon challenged the registration of the out-of-state support order and its statement that there were no arrears, within the 20-day period provided by statute the statement of arrears was “confirmed by operation of law” under Family Code section 4955, subdivision (b), precluding any further adjudication of the preregistration amount of arrears.

As discussed below, we disagree. The statute only binds a nonregistering party who fails to object prior to registration “with respect to any matter that could have been asserted at the time of…

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