Scheuerman

The question presented by this appeal is whether, under the Uniform Interstate Family Support Act (UIFSA) (Fam. Code, § 4900 et seq.), a California court can register an out-of-state child support order after the issuing state has judicially determined that the subject order is no longer enforceable. The UIFSA provides that in a proceeding to register another state’s support order for the purpose of collecting arrearages, the longer statute of limitations applies. In this case the foreign limitations period had expired but California’s had not. Nevertheless, the trial court denied registration of the out-of-state order. The court concluded that California could not revive a judgment that had already been determined to be void and unenforceable by the state that issued it.

Appellant, Robin Scheurman, contends the trial court erred. According to appellant, the judgment became unenforceable in the issuing state due to the gross negligence of the child support enforcement agencies that were charged with assisting her. Consequently, appellant argues, the court should exercise its equitable powers to apply the California statute and register the support order.

As discussed…