California Code of Civil Procedure

§ 1733.1

CCP § 1733.1 Effective Jan 1, 2023Title 11 · Part 3 · Ch. 3

Statute text

(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.

(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.

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Legislative history

Amended by Stats. 2022, Ch. 420, Sec. 14. (AB 2960) Effective January 1, 2023.