Facts

On June 22, 2005, the petitioner, a citizen of the Netherlands and residing in the Netherlands, filed a Uniform Support Petition to register and seek enforcement of a foreign spousal support order under California Family Code Section 4900 et seq. (Uniform Interstate Family Support Act, "UIFSA"). Under the Orders of the (District and, after appeal by the respondent, Appellate) Courts of the Netherlands, the respondent, residing in San Diego County, was ordered to pay Euro $4,511.89/month in spousal support commencing April 1, 2004.

The respondent failed to make the monthly spousal support payments, causing the filing of the Uniform Support Petition. Upon registration (filing) of the foreign order, the Court notified the respondent (UIFSA Section 4954). The respondent failed to contest the validity or enforcement of the registered order and the Court confirmed the order on July 19, 2005. On Aug. 18, 2005, the respondent filed a motion to set aside the confirmation. The petitioner argued that the Court lacked authority to grant the relief requested under the mandatory provisions of CCP 473(b). Based on an unrelated procedural mistake by the petitioner, the Court granted the respondent's motion after which the respondent filed a response.

PLAINTIFF'S CONTENTION: Section 4915(3) and 4950 of the UIFSA (California Family Code, Section 4900 et seq.) allows for the registration of an order for spousal support of another state. Under the UIFSA, Section 4901(s)(2), the term "state" includes the Netherlands as a foreign country that has been declared to be a foreign reciprocating country under federal law. The foreign spousal support order is registered upon filing and enforceable in the same manner and subject to the same procedures as an order issued by a California court. The Court may thus order income withholding, determine the amount of arrearages, etc. However, a California court may not modify a foreign spousal support order: the Court in Netherlands has continuing, exclusive jurisdiction over the order under the law of the Netherlands. Further, pursuant to Section 4953(a), the petitioner argued that the law of the Netherlands governs the nature, extent, amount, and duration of current payments.

DEFENDANT'S CONTENTIONS:
Although the respondent admitted that he was not able to prove any of the defenses under UIFSA in contesting the enforcement of the registered order, the respondent argued that in exercising its equitable powers, the Court should limit the amount of spousal support that can be enforced, in effect requesting the Court to modify the foreign spousal support order.

Result

The parties stipulated to the 4 percent compound interest on arrearages, the annual indexation (both required under the law of the Netherlands) and to the amount of arrearages in the sum of $92,736. The Court awarded attorney's fees and costs in the amount of $7,778 and issued an earnings assignment order for the maximum amount allowed under California law.