Cima-Sorci v. Sorci

225 Cal. Rptr. 3d 813, 17 Cal. App. 5th 875
CourtCalifornia Court of Appeal, 5th District
DecidedOctober 30, 2017
DocketC075774
StatusPublished
Cited by2 cases

This text of 225 Cal. Rptr. 3d 813 (Cima-Sorci v. Sorci) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cima-Sorci v. Sorci, 225 Cal. Rptr. 3d 813, 17 Cal. App. 5th 875 (Cal. Ct. App. 2017).

Opinion

Blease, J.

*878Tyson S. Sorci (Father) appeals from an order confirming the registration of an Italian child and spousal support order pursuant to the Uniform Interstate Family Support Act (UIFSA) (former Fam. Code, § 4900 et seq. ).1 Under UIFSA, a support order of a foreign country may be registered for enforcement in California if the foreign country "has enacted a *879law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under [UIFSA]." (§ 4901, subd. (s)(2); § 4951, subd. (a).)

On appeal, Father contends that the trial court (1) "misallocated to Father the burden of proving that Italy is not a state under UIFSA," (2) "improperly deprived Father of an evidentiary hearing to refute the notion that Italy is such a state," (3) "erroneously refused to render a statement of decision," and (4) "erred as a matter of law in concluding that Italy is a state under UIFSA." We shall conclude that Father's contentions lack merit and will affirm the trial court's order.

FACTUAL AND PROCEDURAL BACKGROUND

Father, a United States citizen, and Daniela Cima-Sorci (Mother), an Italian citizen, met in Italy while Father was serving in the United States Air Force. They married in Italy in September 2007, and their son was born in Italy in December 2007. After Father's deployment in Italy concluded, he returned to California to attend the California Highway Patrol Academy, while Mother and the couple's son remained in Italy. In July 2009, Mother and the couple's son moved to California to live with Father. In early November 2009, Mother moved back to Italy with the couple's son and promptly filed a petition for dissolution there.

In February 2010, an Italian court issued temporary orders authorizing "the spouses to live separately," awarding custody of the couple's son to Mother, and ordering Father to pay €1,000 in monthly child support and €500 in monthly spousal support. The spousal support was later reduced to €400 per month.2

*816In May 2013, the Italian court granted the decree of separation, but denied Mother's request to assign responsibility for the breakdown in the marriage to Father. The court awarded full custody of the couple's son to Mother due to the high level of "conflict between the spouses," and granted Father summer *880and Christmas visitation and regular phone contact. Based on Father's net monthly income of €3,900, Mother's net monthly income of € 1,300, and the fact that responsibility for the couple's son fell entirely on Mother, the court confirmed its prior order directing Father to pay €1,000 in monthly child support and €400 in monthly spousal support.

Meanwhile, in June 2010, at Mother's request, the Sacramento County Department of Child Support Services (Department) began enforcing the temporary support order administratively. Sometime thereafter, Father objected to the administrative enforcement of the order, and on October 3, 2013, the Department filed a "Notice of Registration of Out-of-State Support Order" in the Sacramento County Superior Court. A copy of the Italian support order was attached to the notice in the original Italian with an English translation. The notice advised Father that an out-of-state support order had been registered with the court, and if he wanted "to contest the validity or enforcement of the registered order, [he] must request a hearing within 25 days of the date this notice was mailed ...."

Father filed a timely "Request for Hearing Regarding Registration of Support Order" and "request[ed] that service of the registration of support be vacated (canceled) because" Italy is not a "state" as defined by UIFSA, and thus, the Department lacked authority to enforce the order. In his accompanying points and authorities, Father asserted that the Italian support order was not enforceable in California unless the Department could show that Italy had enacted a law or established procedures for issuance and enforcement of foreign support orders which are substantially similar to the procedures under UIFSA. In a supplemental brief, Father outlined what he described as "the vast differences between Italian support laws and the support laws in the State of California." He argued that Italy, unlike California, "has no ... laws detailing formulas and guidelines the courts are to follow in setting child support and spousal support," there is no presumption in Italy that "permanent spousal support in a marriage lasting less than ten (10) years will only be payable for one-half (1/2) the length of the marriage," and there is no set age for child support to terminate.

In its points and authorities in opposition, the Department argued that Father, as the party contesting registration, had the burden of proving one of the seven defenses to registration set forth in section 4956, subdivision (a), and that he had failed to meet his burden. The Department also disputed Father's assertion that Italy was not a "state" under the UIFSA. The Department pointed to Italy's accession to the International Recovery of Child Support and Other Forms of Family Maintenance at the Hague Conference and enactment of the Italian Private International Law Act as evidence Italy had laws or procedures similar to UIFSA for issuance and *881enforcement of support orders. It also argued that Father's "arguments regarding substantive differences in support laws are inapposite" because "[t]he test to recognize a foreign jurisdiction as a 'State' under UIFSA does not require a finding that the particular foreign jurisdiction's family support laws are substantially similar to California's family support laws." According to the Department, the relevant test is whether the " 'foreign jurisdiction that has enacted a law or established procedures *817for the issuance and enforcement of support orders which are substantively similar to the procedures under [UIFSA].' " (Quoting § 4901, subd. (s)(2).)

Following a hearing, the trial court determined that Father had not met his burden in objecting to enforcement and confirmed the registration of the Italian support order. The court denied Father's subsequent request for a statement of decision, finding that a statement of decision is not required for a ruling on a motion.

DISCUSSION

Father contends the trial court "erred in four separate ways," each of which was prejudicial. Father asserts that the trial court (1) "misallocated to Father the burden of proving that Italy is not a state under UIFSA," (2) "improperly deprived Father of an evidentiary hearing to refute the notion that Italy is such a state," (3) "erroneously refused to render a statement of decision," and (4) "erred as a matter of law in concluding that Italy is a state under UIFSA." Before we reach the merits of Father's contentions, we pause to set forth the purpose and relevant provisions of UIFSA.

As adopted in California, UIFSA " 'governs ... the procedures for establishing, enforcing and modifying child support orders in cases in which more than one state is involved.' " ( County of Los Angeles Child Support Services Dept., supra,

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Cite This Page — Counsel Stack

Bluebook (online)
225 Cal. Rptr. 3d 813, 17 Cal. App. 5th 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cima-sorci-v-sorci-calctapp5d-2017.