California Code of Civil Procedure 1733.1 – (a) (1) If the parties to the underlying tribal court …
(a) (1) If the parties to the underlying tribal court proceeding agree, the parties may file a joint application for the recognition of a tribal court order that establishes a right to child support, spousal support payments, or marital property rights to such spouse, former spouse, child, or other dependent of a participant in a retirement plan or other plan of deferred compensation, which order assigns all or a portion of the benefits payable with respect to the participant to an alternate payee.
(2) If one of the parties to a tribal court order described in paragraph (1) does not agree to join in the application, the other party may proceed by having the tribal court execute a certificate in lieu of the signature of the other party. The Judicial Council shall adopt a format for the certificate.
Terms Used In California Code of Civil Procedure 1733.1
- County: includes "city and county. See California Code of Civil Procedure 17
- Dependent: A person dependent for support upon another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes both personal and real property. See California Code of Civil Procedure 17
- Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
(3) The application shall be on a form adopted by the Judicial Council, executed under penalty of perjury by parties to the proceeding submitting the application.
(4) The application shall include the name, current address, telephone number, and email address of each party, the name and mailing address of the issuing tribal court, and a certified copy of the order to be recognized.
(b) The filing fee for an application filed under this section is one hundred dollars ($100).
(c) An application filed pursuant to this section may be filed in the county in which either one of the parties resides.
(d) Entry of the tribal court order under this section does not confer any jurisdiction on a court of this state to modify or enforce the tribal court order.
(Amended by Stats. 2022, Ch. 420, Sec. 14. (AB 2960) Effective January 1, 2023.)