Filed 4/24/14

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re the Marriage of GABRIELA and 

CHRISTOPHER HAUGH.

GABRIELA CASTRO,

Respondent,

v.

CHRISTOPHER HAUGH,

Respondent;

SAN DIEGO COUNTY DEPARTMENT OF 

CHILD SUPPORT SERVICES,

Appellant.

 D063857

 (Super. Ct. No. D490082)

APPEAL from an order of the Superior Court of San Diego County, Adam 

Wertheimer, Commissioner. Reversed and remanded with directions.

Kamala D. Harris, Attorney General, Julie Weng-Gutierrez, Assistant Attorney 

General, Linda M. Gonzalez and Marina L. Soto, Deputy Attorneys General, for 

Appellant.

No appearance for Respondents.
2

The San Diego County Department of Child Support Services (Department), as 

intervenor, appeals the trial court's order granting the request by Christopher Haugh 

(Father) for modification of a child support order. Father sought to lower child support 

for the son he had with Gabriela Haugh, now known as Gabriela Castro (Mother). On 

appeal, Department contends the trial court acted in excess of its jurisdiction because 

Father, Mother, and their son resided outside of California at the time of the modification 

request and therefore, pursuant to Family Code1 section 4909, the court did not have 

continuing, exclusive jurisdiction to modify the original child support order. Section 

4909 is California's enactment of section 205 of the Uniform Interstate Family Support 

Act (UIFSA). We conclude the trial court acted in excess of its authority and therefore 

reverse the order.

FACTUAL AND PROCEDURAL BACKGROUND

In 2008, the trial court ordered Father to pay Mother $700.00 per month in child 

support for their son. In 2007, Mother moved with their son from California to Texas. In 

or about 2011, Father moved from California to Nevada.

On January 14, 2013, Father filed a request to modify the amount of his child 

support payments based on his reduced income. Mother opposed his request for 

modification, arguing the matter should be heard in the state of their son's residence (i.e., 

Texas) because none of the parties lived in California.

 

1 All statutory references are to the Family Code unless otherwise specified.
3

At the hearing on Father's modification request, Father appeared telephonically 

and was represented by counsel, Mother appeared telephonically in propria persona, and 

Department appeared as an intervenor. Department's counsel stated the first issue for the 

court was whether the court had continuing, exclusive jurisdiction in the case. She 

argued that because Mother, Father, and their son no longer resided in California, the trial 

court did not have jurisdiction under section 4909, subdivision (a), to modify the original 

child support order. She suggested Father could have the original child support order 

registered in Texas and then seek its modification. However, the trial court, noting the 

original child support order was a California order, stated it "continues to have 

jurisdiction, until another state assumes jurisdiction. You don't leave a party without a 

forum." It further stated: "It's clear [that] California shouldn't continue to have it. But it 

does. That is -- [it] should be in someone else's jurisdiction. But someone needs to take 

that affirmative step, whether Mother, Father, or [Department]. [¶] I assume it's the 

Father, since he's the payor . . . ." The court then proceeded to hear arguments on the 

merits of Father's request for modification. Based on the evidence, the court issued an 

order (Order) modifying the original child support order, reducing Father's child support 

obligation to $508 per month, effective February 1, 2013. Department timely filed a 

notice of appeal challenging the Order.
4

DISCUSSION

I

UIFSA and Section 4909

This appeal involves the application of section 4909 (California's adoption of 

§ 205 of the UIFSA) to the undisputed facts relevant to this appeal. We begin by 

reviewing the relevant provisions of section 4909, the UIFSA, and applicable regulations. 

"The Uniform Interstate Family Support Act (9 pt. [I]B West's U. Laws Ann. (1999) U. 

Interstate Fam. Support Act, § 101 et seq. (UIFSA)), which has been adopted by all [50] 

states, governs . . . the procedures for establishing, enforcing and modifying child support 

orders in cases in which more than one state is involved. The 1996 version of the UIFSA 

took effect in California on August 4, 1997. (See Fam. Code, § 4900 et seq.) Together 

with the Federal Full Faith and Credit for Child Support Orders Act (FFCCSOA) (28 

U.S.C. § 1738B), the UIFSA ensures that in every case only one state exercises 

jurisdiction over child support at any given time." (In re Marriage of Crosby & Grooms

(2004) 116 Cal.App.4th 201, 206, fn. omitted.) 2

 

2 California has also adopted the 2001 version of the UIFSA, but that version will 

not become operative until one of two events occurs: (1) the amendment by the United 

States Congress of title 42 United States Code section 666(f), to require or authorize, in 

connection with the approval of state plans for purposes of federal funding, the adoption 

of the 2001 version of the UIFSA; or (2) the approval, either generally or specifically 

regarding California, by the federal office of Child Support Enforcement or by the 

Secretary of Health and Human Services, of a waiver, exemption, finding, or other 

indicia of regulatory approval of the 2001 version of the UIFSA, in connection with the 

approval of state plans for purposes of federal funding. (Stats. 2002, ch. 349, § 47; see 

Historical and Statutory Notes, 29F pt. 2 West's Ann. Fam. Code (2013 ed.) preceding 

div. 9, pt. 5, ch. 6, at p. 6.) Based on Department's representations, we presume neither 
5

The "cornerstone" of the UIFSA is the concept of "continuing, exclusive 

jurisdiction," codified in California as section 4909. (Stone v. Davis (2007) 148 

Cal.App.4th 596, 600.) "UIFSA was designed to ensure that only one state at a time 

would have jurisdiction to make and modify a child support order. '[T]he central 

jurisdictional feature of UIFSA is the concept of continuing, exclusive jurisdiction. 

Under UIFSA, a court that makes a valid child support order retains exclusive jurisdiction 

to modify the order as long as the requirements for continuing, exclusive jurisdiction 

remain fulfilled. The court of another state may enforce a child support order registered 

in that state, but may not modify it unless the decree state has lost its continuing, 

exclusive jurisdiction.' " (Knabe v. Brister, supra, 154 Cal.App.4th at p. 1319.)

Regarding "continuing, exclusive jurisdiction," section 4909 provides in pertinent 

part:

"(a) A tribunal of this state issuing a support order consistent with 

the law of this state has continuing, exclusive jurisdiction over a 

child support order:

"(1) As long as this state remains the residence of the obligor, the 

individual obligee, or the child for whose benefit the support order is 

issued; or

 

of those events has yet to occur, thereby making the 1996 version of the UIFSA the 

operative version for purposes of this appeal. (See also Knabe v. Brister (2007) 154 

Cal.App.4th 1316, 1319, fn. 2 ["California currently operates under the 1996 version of 

UIFSA . . . . [Citation.] California has adopted the 2001 version, but the Legislature 

conditioned its effectiveness on events that have yet to occur."].) In any event, to the 

extent the 2001 version of the UIFSA is operative, its provisions, including its drafters' 

comments, provide even greater support for our disposition of this appeal.
6

"(2) Until all of the parties who are individuals have filed written 

consents with the tribunal of this state for a tribunal of another state 

to modify the order and assume continuing, exclusive jurisdiction.

"(b) A tribunal of this state issuing a child support order consistent 

with the law of this state may not exercise its continuing jurisdiction 

to modify the order if the order has been modified by a tribunal of 

another state pursuant to this chapter or a law substantially similar to 

this chapter. . . ." (Italics added.)

Section 4909 is California's adoption of section 205 of the UIFSA. The drafter's 

comment to the 1996 version of section 205 of the UIFSA states in pertinent part:

"This section is perhaps the most crucial provision in UIFSA. . . . 

[T]he issuing tribunal retains continuing, exclusive jurisdiction over 

a child support order, except in very narrowly defined 

circumstances. As long as one of the individual parties or the child 

continues to reside in the issuing state, and as long as the parties do 

not agree to the contrary, the issuing tribunal has continuing, 

exclusive jurisdiction over its order--which in practical terms means 

that it may modify its order. . . .

"The other side of the coin follows logically. Just as Subsection 

(a)(1) defines the retention of continuing, exclusive jurisdiction, by 

clear implication the subsection also defines how jurisdiction to 

modify may be lost. That is, if all the relevant persons--the obligor, 

the individual obligee, and the child--have permanently left the 

issuing state, the issuing state no longer has an appropriate nexus 

with the parties or child to justify exercise of jurisdiction to modify. 

Further, the issuing tribunal has no current information about the 

factual circumstances of anyone involved, and the taxpayers of that 

state have no reason to expend public funds on the process. . . .

"According to the logical implication of Subsection (a)(2), the

issuing state may also lose its continuing, exclusive jurisdiction to 

modify if the parties consent in writing for another state to assume 

jurisdiction to modify (even though one of the parties or the child 

continues to reside in the issuing state). . . ." (9 pt. IB West's U. 
7

Laws. Ann., supra, U. Interstate Fam. Support Act, comment to 

§ 205, pp. 340-341, italics added.)3

II

Continuing, Exclusive Jurisdiction in This Case

Department contends the trial court acted in excess of its jurisdiction by issuing 

the Order modifying the original 2008 child support order. It argues that because Father, 

Mother, and their son no longer resided in California at the time of Father's modification 

request and the court's issuance of the Order, the court did not have continuing, exclusive 

jurisdiction under section 4909 and therefore could not modify the original child support 

order. Father has not filed a respondent's brief opposing Department's position. We 

decide this appeal based on the appellant's opening brief, the record on appeal, and our 

independent research regarding applicable law.

Based on our review of section 4909, the UIFSA and comments thereto, other 

statutes and regulations, and relevant case law, we conclude the trial court acted in excess 

of its authority under section 4909 by modifying the original child support order. The 

court did not have continuing, exclusive jurisdiction to modify the original child support 

order after the individual parties and their child moved to other states and did not consent 

in writing to California's continuing jurisdiction or authority over the case.

Section 4909, subdivision (a), provides that a California court "has continuing, 

exclusive jurisdiction over a child support order: [¶] (1) As long as this state remains the 

 

3 All further references to section 205 of the UIFSA are to its 1996 version.
8

residence of the obligor, the individual obligee, or the child for whose benefit the support 

order is issued; or [¶] (2) Until all of the parties who are individuals have filed written 

consents with the tribunal of this state for a tribunal of another state to modify the order 

and assume continuing, exclusive jurisdiction." (§ 4909, subd. (a), italics added.)

The proper interpretation of section 4909 is a question of law, which we conduct 

de novo. (Stone v. Davis, supra, 148 Cal.App.4th at p. 600; People ex rel. Lockyer v. 

Shamrock Foods Co. (2000) 24 Cal.4th 415, 432.) The basic rules for statutory 

construction are established. " 'As in any case involving statutory interpretation, our 

fundamental task here is to determine the Legislature's intent so as to effectuate the law's 

purpose.' [Citation.] 'We begin with the plain language of the statute, affording the 

words of the provision their ordinary and usual meaning and viewing them in their 

statutory context, because the language employed in the Legislature's enactment 

generally is the most reliable indicator of legislative intent.' [Citations.] The plain 

meaning controls if there is no ambiguity in the statutory language. [Citation.] If, 

however, 'the statutory language may reasonably be given more than one interpretation, 

" ' "courts may consider various extrinsic aids, including the purpose of the statute, the 

evils to be remedied, the legislative history, public policy, and the statutory scheme 

encompassing the statute." ' " ' " (People v. Cornett (2012) 53 Cal.4th 1261, 1265.)

Applying the above rules for statutory construction, we first look to the language 

of section 4909 to determine its meaning. Because section 4909 is written (as is § 205 of 

the UIFSA) using the disjunctive "or," there appear to be two alternative situations in 
9

which a California court will no longer have continuing, exclusive jurisdiction to modify 

an original child support order. First, by negative implication, a California court will not 

have jurisdiction if all of the individual parties and the child reside in other states. 

(§ 4909, subd. (a)(1).) Second, the court will not have jurisdiction if at least one 

individual party or the child resides in California, but all of the individual parties (e.g., 

mother and father) file a written consent with the California court agreeing that a court of 

another state will have continuing, exclusive jurisdiction to modify the original child 

support order. (§ 4909, subd. (a)(2).) Based on our reading of section 4909, the above 

interpretation appears to be the most logical interpretation of its language. Nevertheless, 

to the extent that statutory language is ambiguous, we conclude the legislative intent 

underlying section 4909, including the intent that its provisions be consistent with the 

UIFSA and, presumably, with other states' interpretations, supports our interpretation that 

a California court does not have continuing, exclusive jurisdiction within the meaning of 

section 4909 if all the individual parties and the child reside in other states, and all of the 

individual parties have not consented in writing to a California court assuming 

continuing, exclusive jurisdiction. Because the record in this case does not show the 

existence of any written consent, we focus on the effect of the parties' not residing in 

California on a California court's continuing, exclusive jurisdiction to modify a child 

support order.

Section 4909 represents California's adoption of the 1996 version of section 205 of 

the UIFSA. The drafters' comment to that UIFSA section provides evidence of the 
10

legislative intent underlying section 4909, stating: "[T]he issuing tribunal retains 

continuing, exclusive jurisdiction over a child support order, except in very narrowly 

defined circumstances. As long as one of the individual parties or the child continues to 

reside in the issuing state, and as long as the parties do not agree to the contrary, the 

issuing tribunal has continuing, exclusive jurisdiction over its order--which in practical 

terms means that it may modify its order." (9 pt. IB West's U. Laws. Ann., supra, U. 

Interstate Fam. Support Act, comment to § 205, p. 340, italics added.) It further states: 

"[B]y clear implication [subsection (a)(1)] also defines how jurisdiction to modify may be 

lost. That is, if all the relevant persons--the obligor, the individual obligee, and the 

child--have permanently left the issuing state, the issuing state no longer has an 

appropriate nexus with the parties or child to justify exercise of jurisdiction to modify." 

(9 pt. IB West's U. Laws. Ann., supra, U. Interstate Fam. Support Act, comment to § 205, 

p. 340, italics added.) The comment further notes: "[T]he issuing state may also lose its 

continuing, exclusive jurisdiction to modify if the parties consent in writing for another 

state to assume jurisdiction to modify (even though one of the parties or the child 

continues to reside in the issuing state). . . ." (9 pt. IB West's U. Laws. Ann., supra, U. 

Interstate Fam. Support Act, comment to § 205, p. 341.) Accordingly, the drafters of the 

UIFSA intended section 205 to provide that "continuing, exclusive jurisdiction" would 

necessarily be lost by the state issuing the original child support order when all of the 

relevant persons (i.e., obligor, obligee, and child) have moved out of the issuing state 

(e.g., California) and reside in other states.
11

Additional evidence of the UIFSA drafters' interpretation of "continuing, exclusive 

jurisdiction" is shown in their prefatory notes to the UIFSA:

"Except for narrowly defined fact circumstances, under UIFSA the 

only tribunal that can modify a support order is the one having 

continuing, exclusive jurisdiction over the order. But, if the parties 

no longer reside in the issuing state, or if they agree in writing that 

another tribunal may assume modification jurisdiction, a tribunal 

with personal jurisdiction over the parties, has jurisdiction to modify 

[citations]. Except for modification by agreement or when the 

parties have all moved to the same new state, the party petitioning 

for modification must submit himself or herself to the forum state 

where the respondent resides." (9 pt. IB West's U. Laws. Ann., 

supra, U. Interstate Fam. Support Act, prefatory note, pt. IID2, pp. 

288-289, italics added.)

We conclude the Legislature, by adopting the 1996 version of section 205 of the 

UIFSA, intended that section 4909's language would be interpreted in the same manner 

as the UIFSA drafters intended the language of section 205 of the UIFSA to be 

interpreted. Therefore, the UIFSA drafters' comments support our interpretation of 

section 4909.

The Federal Full Faith and Credit for Child Support Orders Act (FFCCSOA) (28 

U.S.C., § 1738B) also supports our interpretation of section 4909 (as well as the drafters'

interpretation of § 205 of the UIFSA). To provide for the recognition and enforcement of 

other states' child support orders, Congress enacted the FFCCSOA requiring that states 

give full faith and credit to those child support orders issued by state courts that had 

continuing, exclusive jurisdiction over child support at the time. (28 U.S.C. § 1738B(a), 

(f), & (g).) That law provides that a state court shall not modify a child support order 

made by a court of another state unless it complies with the law's requirements. (28 
12

U.S.C. § 1738B(a).) It provides that a court may modify a child support order of another 

state's court if that court has jurisdiction pursuant to 28 U.S.C. § 1738B(i) and "the court 

of the other State no longer has continuing, exclusive jurisdiction of the child support 

order because that State no longer is the child's State or the residence of any individual 

contestant; or [¶] . . . each individual contestant has filed written consent with the State of 

continuing, exclusive jurisdiction for a court of another State to modify the order and 

assume continuing, exclusive jurisdiction over the order." (28 U.S.C. § 1738B(e), italics 

added.) That law further provides: "If there is no individual contestant or child residing 

in the issuing State, the party or support enforcement agency seeking to modify, or to 

modify and enforce, a child support order issued in another State shall register that order 

in a State with jurisdiction over the nonmovant for the purpose of modification." (28 

U.S.C. § 1738B(i).) Those provisions of the FFCCSOA show Congress intended full 

faith and credit be given only to modifications of child support orders of state courts with 

continuing, exclusive jurisdiction over the case. Furthermore, Congress intended that a 

state court would not have such continuing, exclusive jurisdiction after the individual 

contestants and the child are no longer residents of that state. (28 U.S.C. § 1738B(e).) 

Therefore, the FFCCSOA supports our interpretation of "continuing, exclusive 

jurisdiction" as used in section 4909, subdivision (a).

The California Department of Social Services has adopted a regulation informing 

local child support agencies, the Department in this case, of its interpretation of 

"continuing, exclusive jurisdiction" under section 4909, stating:
13

"(a) Except as specified in subsection (b), only the issuing state 

shall have continuing, exclusive jurisdiction to modify a support 

order.

"(b) In determining whether it believes California or another state 

has continuing, exclusive jurisdiction to modify a support order, the 

local child support agency shall apply the following rules:

"(1) Only one state shall have continuing, exclusive jurisdiction to 

modify a support order at any given time.

"(2) If the child, the obligee who is an individual, or the obligor 

resides in the state that issued the controlling order, that state has 

continuing, exclusive jurisdiction to modify.

"(3) Once a state has continuing, exclusive jurisdiction, it shall 

retain jurisdiction as long as any one of the parties or children in 

the case still resides in the state, unless the parties file a written 

consent in the issuing tribunal allowing another state, with personal 

jurisdiction over any of the parties, to assume continuing, exclusive 

jurisdiction to modify the order." (Cal. Code Regs., tit. 22, 

§ 117300, italics added.)

California's administrative regulations regarding section 4909 are consistent with the 

UIFSA drafters' interpretation of "continuing, exclusive jurisdiction" under section 205 of 

the UIFSA. We give strong deference to that agency's interpretation of section 4909, as 

the agency primarily charged with overseeing child support issues.

Furthermore, as many courts have observed, almost every state court that has 

addressed the issue of "continuing, exclusive jurisdiction" under the UIFSA and/or its 

state's statutory version thereof has interpreted that phrase consistent with our 

interpretation of section 4909. For example, in Lunceford v. Lunceford (Mo.App. 2006) 

204 S.W.3d 699, the court stated:
14

"Virtually every jurisdiction that has addressed this issue has 

concluded that the issuing tribunal loses subject matter jurisdiction 

when all of the parties to the child support action have moved 

outside the state. See Knowlton v. Knowlton, 2005 OK CIV APP 22, 

110 P.3d 578, 579 (Okla.Civ.App.2005); In re Marriage of Metz, 31 

Kan.App.2d 623, 69 P.3d 1128, 1132 (Kan.Ct.App. 2003) (Kansas 

court no longer had continuing, exclusive jurisdiction to modify the 

child support order when mother, father, and children had moved 

from Kansas); Cohen v. Powers, 180 Ore.App. 409, 43 P.3d 1150, 

1152 (Or.Ct.App. 2002) (Alabama court no longer had continuing, 

exclusive jurisdiction over support order under UIFSA because 

neither party resided in Alabama); Jurado v. Brashear, 782 So.2d 

575, 580-81 (La. 2001) (Louisiana court lost continuing, exclusive 

jurisdiction to modify child support after the parties and children left 

the state); Etter v. Etter, 2001 OK CIV APP 18, 18 P.3d 1088, 1090 

(Okla.Civ.App. 2001) (trial court did not have jurisdiction under 

UIFSA to modify child support after both parties had moved out of 

state); LeTellier v. LeTellier, 40 S.W.3d 490, 493-94 (Tenn. 2001) 

(UIFSA does not confer subject matter jurisdiction upon the 

Tennessee court to hear mother's petition to modify the District of 

Columbia's support order); In re B.O.G., 48 S.W.3d 312, 318, 

(Tex.App. 2001) (Texas court no longer had jurisdiction to modify 

the support order under UIFSA because the parties no longer resided 

in Texas)." (Lunceford v. Lunceford, supra, at p. 704, italics added; 

see also State ex rel. Brantingham v. Grate (Mo.App. 2006) 205 

S.W.3d 317, 321.)

Under Missouri's statutory version of the UIFSA, Lunceford concluded: "Missouri loses 

its continuing, exclusive jurisdiction to modify a Missouri child support order when 

neither the obligor, obligee, nor child is a resident of Missouri." (Lunceford, supra, 204 

S.W.3d at p. 705, italics added.) Nevertheless, an original Missouri child support order 

remains in effect for enforcement in that and other states until modified by another state 

with continuing, exclusive jurisdiction. (Id. at pp. 705, 707.) In the circumstances of that 

case, Lunceford held "the Missouri [trial] court did not have subject matter jurisdiction to 

hear Mother's petition to modify child support" (id. at p. 705) because at the time of her 
15

petition Mother, Father, and, presumably, their child were all residents of other states 

(i.e., New Jersey and Tennessee). (Id. at p. 701.)

Other courts have reached similar conclusions, finding their state courts lost 

jurisdiction or authority to modify child support orders after the mother, father, and child 

moved from their states. (See, e.g., Zaabel v. Konetski (Ill. 2004) 807 N.E.2d 372, 376; 

In re Marriage of Myers (Kan.App. 2002) 56 P.3d 1286, 1291; McHale v. McHale

(Ariz.App. 2005) 109 P.3d 89, 92-93; Gibson v. Gibson (Ky.App. 2006) 211 S.W.3d 601, 

609 ["[F]or Kentucky to have continuing, exclusive jurisdiction over the child support 

order either [father, mother,] or the children would have had to remain as a resident of 

Kentucky."]; Nordstrom v. Nordstrom (Va.App. 2007) 649 S.E.2d 200, 204-205 [trial 

court did not have continuing, exclusive jurisdiction after obligor, obligee, and child 

moved out of state and erred by concluding it had continuing, nonexclusive jurisdiction to 

modify child support until another court assumed jurisdiction]; Lattimore v. Lattimore

(Ala.App. 2008) 991 So.2d 239, 242-243; Vaile v. Porsboll (Nev. 2012) 268 P.3d 1272, 

1275 ["if the parties and the children do not reside in the issuing state, the issuing state 

lacks authority to modify the support order"]; cf. Groseth v. Groseth (Neb. 1999) 600 

N.W.2d 159, 166 ["there is no doubt the courts of Massachusetts lost continuing, 

exclusive jurisdiction to modify the child support provisions of the [Massachusetts] 

decree under the UIFSA once [father] moved to Texas and [mother] moved to Nebraska 

with the children"].)
16

In Stone v. Davis, the Third District Court of Appeal interpreted section 4909, 

stating: "The statutory language is unambiguous and clear. A California court retains 

continuing, exclusive jurisdiction to modify a child support order it lawfully issued so 

long as one of the parties to the order continues to reside in the state, unless all of the 

parties to the order file with the California court a writing consenting to jurisdiction in 

another state, or another state court modified the order as allowed under the UIFSA." 

(Stone v. Davis, supra, 148 Cal.App.4th at p. 601, italics added.) In Stone, the court 

concluded the California trial court retained continuing, exclusive jurisdiction to modify 

its original child support order because the father still resided in California and there was 

no written consent of all the parties to jurisdiction in another state. (Id. at pp. 602-603; 

see also Spicer v. Spicer (La.Ct.App. 2011) 62 So.3d 798, 802 ["the Illinois court lacked 

subject matter jurisdiction to modify the child support order, because Louisiana retained 

the continuing, exclusive jurisdiction over the child support order under the UIFSA"

because the father continued to reside in Louisiana].) Although Stone is factually 

inapposite to this case, its reasoning is consistent with our interpretation of section 4909.

Our research located only one decision in another state that holds contrary to our 

interpretation of section 4909. In Wareham v. Wareham (Minn.App. 2010) 791 N.W.2d 

562, a Minnesota appellate court interpreted a Minnesota statute with language similar to 

our section 4909, subdivision (a), as giving its state court continuing, exclusive 

jurisdiction even though the parties and their children did not currently reside in 

Minnesota. (Id. at p. 565-566.) Wareham stated:
17

"[B]ased on a plain-language reading of [the Minnesota statute], we 

conclude that the statute sets forth two distinct circumstances under 

which a Minnesota tribunal retains continuing, exclusive jurisdiction 

over its previously issued child-support order: where at least one of 

the parties or the covered children remains a Minnesota resident 

(subsection (a)(1)), or where at least one of the parties has not filed a 

written consent for a different state's tribunal to assume continuing, 

exclusive jurisdiction (subsection (a)(2))." (Wareham, supra, 791 

N.W.2d at p. 565.)

The court found the first subsection did not apply because none of the parties or children 

resided in Minnesota. (Ibid.) However, it found the second subsection applied because 

there was no evidence the parties had filed any written consent with the Minnesota court 

transferring continuing, exclusive jurisdiction to another state. (Id. at pp. 565-566.) 

Therefore, Wareham concluded the Minnesota courts retained jurisdiction to modify its 

original child support order. (Id. at pp. 565-567.) However, we are unpersuaded by 

Wareham's reasoning and reject its "plain-language" interpretation of continuing, 

exclusive jurisdiction under the UIFSA. Based on our review of section 4909, section 

205 of the UIFSA and its drafters' comments, and overwhelming case law consistent with 

our interpretation, we believe Wareham stands alone as an exceptional viewpoint 

inconsistent with the underlying intent of the UIFSA (and FFCCSOA) that states have 

uniform laws regarding enforcement and modification of child support orders.

Although many cases from other states cited above appear to equate a court's 

continuing, exclusive jurisdiction under the UIFSA with its subject matter jurisdiction to 

modify a child support order, we believe, at least in California, a trial court may have 

subject matter jurisdiction to modify a child support order even though it does not have 
18

continuing, exclusive jurisdiction under section 4909 (or § 205 of the UIFSA). As 

Department notes, trial courts have original jurisdiction over all causes not otherwise 

conferred by the California Constitution. (Cal. Const., art. VI, § 10.) Because the 

California Constitution does not confer original jurisdiction over child support 

proceedings to any other court, trial courts have original jurisdiction over those 

proceedings. Furthermore, section 200 provides: "The superior court has jurisdiction in 

proceedings under this [Family Code]." Section 2010 also provides that in a proceeding 

for dissolution of marriage, the court has jurisdiction to make orders regarding the 

support of children. We conclude the trial court in this case had original jurisdiction, or 

subject matter jurisdiction, over the type of case involved in this matter (i.e., modification 

of a child support order). However, the existence of subject matter jurisdiction does not 

mean the court had the power to act "in excess of its jurisdiction," or, more accurately, in 

excess of its authority under section 4909, by issuing its order modifying the original 

child support order. (See, generally, Abelleira v. District Court of Appeal (1941) 17 

Cal.2d 280, 287-291; cf. In re Marriage of Schneider & Almgren (Wash. 2011) 268 P.3d 

215, 218-219 [although Washington trial court had subject matter jurisdiction to entertain 

child support controversies, court's lack of "continuing, exclusive jurisdiction" under 

Washington statute deprived it of the authority to issue an order modifying a child 

support order].)

Based on the record on appeal in this case, we conclude the trial court did not have 

continuing, exclusive jurisdiction under section 4909 to modify the original child support 
19

order. Father, Mother, and their son all resided outside of California at the time of 

Father's request to modify the child support order. Furthermore, there is no evidence 

showing Father or Mother filed a written consent in any court agreeing that the trial court 

would have continuing, exclusive jurisdiction over this matter. Therefore, the trial court 

erred by acting in excess of its authority under section 4909 by issuing the Order 

modifying the original child support order.

DISPOSITION

The Order is reversed and the matter is remanded with directions that the trial 

court vacate the Order granting Father's request to modify the original child support order 

and issue a new order denying that request.

McDONALD, J.

WE CONCUR:

HUFFMAN, Acting P. J.

McINTYRE, J.