Family Code — Part 1 | FAM — United States — California law | Esheria

Family Code

Part 1 of 9 · provisions 1–200

This section says the code is called the Family Code.

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This division is named the Family Law Facilitator Act and may be cited by that name. The Legislature says the family law pilot project services should be made available to unrepresented parties in superior courts throughout California. Each superior court must maintain a family law facilitator office, and the superior court appoints the family law facilitator. This division applies to actions or proceedings about child support, spousal support, health insurance, child custody, or visitation in certain family-law cases. The family law facilitator must provide listed family-law help services, including educational materials, court forms, form assistance, support schedules, and referrals.

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Provisions of Family Code

Showing 200 of 1,607

  1. 1.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says the code is called the Family Code.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1. This code shall be known as the Family Code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  2. 10.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In this provision, singular words include the plural and plural words include the singular.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 10. The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  3. 100.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says that “judgment” and “order” include a decree when appropriate.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 100. “Judgment” and “order” include a decree, as appropriate under the circumstances. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  4. 1000.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Liability for Death or Injury [1000- 1000.] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A married person is generally not liable for injury or damage caused by the other spouse, with exceptions. If liability arose from community-benefit activity, it is paid first from community estate and then separate property; otherwise, separate property is paid first and then community estate. Insurance proceeds can be used, and reimbursement rights must be exercised within seven years after actual knowledge.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Liability for Death or Injury [1000- 1000.] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1000. (a) A married person is not liable for any injury or damage caused by the other spouse except in cases where the married person would be liable therefor if the marriage did not exist. (b) The liability of a married person for death or injury to person or property shall be satisfied as follows: (1) If the liability of the married person is based upon an act or omission which occurred while the married person was performing an activity for the benefit of the community, the liability shall first be satisfied from the community estate and second from the separate property of the married person. (2) If the liability of the married person is not based upon an act or omission which occurred while the married person was performing an activity for the benefit of the community, the liability shall first be satisfied from the separate property of the married person and second from the community estate. (c) This section does not apply to the extent the liability is satisfied out of proceeds of insurance for the liability, whether the proceeds are from property in the community estate or from separate property. Notwithstanding Section 920, no right of reimbursement under this section shall be exercised more than seven years after the spouse in whose favor the right arises has actual knowledge of the application of the property to the satisfaction of the debt. (Amended by Stats. 1993, Ch. 219, Sec. 100.7. Effective January 1, 1994.)
  5. 10000.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    This division is named the Family Law Facilitator Act and may be cited by that name.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10000. This division shall be known and may be cited as the Family Law Facilitator Act. (Added by Stats. 1996, Ch. 957, Sec. 9. Effective January 1, 1997.)
  6. 10001.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    The Legislature says the family law pilot project services should be made available to unrepresented parties in superior courts throughout California.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10001. (a) The Legislature finds and declares the following: (1) Child and spousal support are serious legal obligations. The entry of a child support order is frequently delayed while parents engage in protracted litigation concerning custody and visitation. The current system for obtaining child and spousal support orders is suffering because the family courts are unduly burdened with heavy case loads and do not have sufficient personnel to meet increased demands on the courts. (2) Reports to the Legislature regarding the family law pilot projects in the Superior Courts of the Counties of Santa Clara and San Mateo indicate that the pilot projects have provided a cost-effective and efficient method for the courts to process family law cases that involve unrepresented litigants with issues concerning child support, spousal support, and health insurance. (3) The reports to the Legislature further indicate that the pilot projects in both counties have been successful in making the process of obtaining court orders concerning child support, spousal support, and health insurance more accessible to unrepresented parties. Surveys conducted by both counties indicate a high degree of satisfaction with the services provided by the pilot projects. (4) There is a compelling state interest in having a speedy, conflict-reducing system for resolving issues of child support, spousal support, and health insurance that is cost-effective and accessible to families that cannot afford legal representation. (b) Therefore, it is the intent of the Legislature to make the services provided in the family law pilot projects in the Counties of Santa Clara and San Mateo available to unrepresented parties in the superior courts of all California counties. (Added by Stats. 1996, Ch. 957, Sec. 9. Effective January 1, 1997.)
  7. 10002.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    Each superior court must maintain a family law facilitator office, and the superior court appoints the family law facilitator.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10002. Each superior court shall maintain an office of the family law facilitator. The office of the family law facilitator shall be staffed by an attorney licensed to practice law in this state who has mediation or litigation experience, or both, in the field of family law. The family law facilitator shall be appointed by the superior court. (Added by Stats. 1996, Ch. 957, Sec. 9. Effective January 1, 1997.)
  8. 10003.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    This division applies to actions or proceedings about child support, spousal support, health insurance, child custody, or visitation in certain family-law cases.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10003. This division shall apply to all actions or proceedings for temporary or permanent child support, spousal support, health insurance, child custody, or visitation in a proceeding for dissolution of marriage, nullity of marriage, legal separation, or exclusive child custody, or pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) or the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200)). (Amended by Stats. 1999, Ch. 652, Sec. 12. Effective January 1, 2000.)
  9. 10004.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    The family law facilitator must provide listed family-law help services, including educational materials, court forms, form assistance, support schedules, and referrals.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10004. Services provided by the family law facilitator shall include, but are not limited to, the following: providing educational materials to parents concerning the process of establishing parentage and establishing, modifying, and enforcing child support and spousal support in the courts; distributing necessary court forms and voluntary declarations of paternity; providing assistance in completing forms; preparing support schedules based upon statutory guidelines; and providing referrals to the local child support agency, family court services, and other community agencies and resources that provide services for parents and children. In counties where a family law information center exists, the family law facilitator shall provide assistance on child support issues. (Amended by Stats. 1999, Ch. 652, Sec. 13. Effective January 1, 2000.)
  10. 10005.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    The superior court may assign additional duties to the family law facilitator by local rule.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10005. (a) By local rule, the superior court may designate additional duties of the family law facilitator, which may include, but are not limited to, the following: (1) Meeting with litigants to mediate issues of child support, spousal support, and maintenance of health insurance, subject to Section 10012. Actions in which one or both of the parties are unrepresented by counsel shall have priority. (2) Drafting stipulations to include all issues agreed to by the parties, which may include issues other than those specified in Section 10003. (3) If the parties are unable to resolve issues with the assistance of the family law facilitator, prior to or at the hearing, and at the request of the court, the family law facilitator shall review the paperwork, examine documents, prepare support schedules, and advise the judge whether or not the matter is ready to proceed. (4) Assisting the clerk in maintaining records. (5) Preparing formal orders consistent with the court’s announced order in cases where both parties are unrepresented. (6) Serving as a special master in proceedings and making findings to the court unless the family law facilitator has served as a mediator in that case. (7) Providing the services specified in Section 10004 concerning the issues of child custody and visitation as they relate to calculating child support, if funding is provided for that purpose. (b) If staff and other resources are available and the duties listed in subdivision (a) have been accomplished, the duties of the family law facilitator may also include the following: (1) Assisting the court with research and any other responsibilities that will enable the court to be responsive to the litigants’ needs. (2) Developing programs for bar and community outreach through day and evening programs, video recordings, and other innovative means that will assist unrepresented and financially disadvantaged litigants in gaining meaningful access to family court. These programs shall specifically include information concerning underutilized legislation, such as expedited child support orders (Chapter 5 (commencing with Section 3620) of Part 1 of Division 9), and preexisting, court-sponsored programs, such as supervised visitation and appointment of attorneys for children. (Amended by Stats. 2019, Ch. 115, Sec. 138. (AB 1817) Effective January 1, 2020.)
  11. 10006.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    The court must adopt a protocol giving all litigants ultimate access to a hearing before the court.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10006. The court shall adopt a protocol wherein all litigants, both unrepresented by counsel and represented by counsel, have ultimate access to a hearing before the court. (Added by Stats. 1996, Ch. 957, Sec. 9. Effective January 1, 1997.)
  12. 10007.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    The court must provide the family law facilitator without charge to the parties.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10007. The court shall provide the family law facilitator at no cost to the parties. (Added by Stats. 1996, Ch. 957, Sec. 9. Effective January 1, 1997.)
  13. 10008.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    This section limits when the chapter applies, lets either parent use family law facilitator services in certain child support agency cases, and requires written authorization for a custodial parent to use support-related services in one situation.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10008. (a) Except as provided in subdivision (b), nothing in this chapter shall be construed to apply to a child for whom services are provided or required to be provided by a local child support agency pursuant to Section 17400. (b) In cases in which the services of the local child support agency are provided pursuant to Section 17400, either parent may utilize the services of the family law facilitator that are specified in Section 10004. In order for a custodial parent who is receiving the services of the local child support agency pursuant to Section 17400 to utilize the services specified in Section 10005 relating to support, the custodial parent must obtain written authorization from the local child support agency. It is not the intent of the Legislature in enacting this section to limit the duties of local child support agencies with respect to seeking child support payments or to in any way limit or supersede other provisions of this code respecting temporary child support. (Amended by Stats. 2000, Ch. 808, Sec. 78. Effective September 28, 2000.)
  14. 10010.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    The Judicial Council must adopt minimum standards for the family law facilitator office and any needed court forms or rules to carry out this division.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10010. The Judicial Council shall adopt minimum standards for the office of the family law facilitator and any forms or rules of court that are necessary to implement this division. (Added by Stats. 1996, Ch. 957, Sec. 9. Effective January 1, 1997.)
  15. 10011.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    The Director of the State Department of Social Services must seek approval from the federal Office of Child Support Enforcement before using Title IV-D funding for services under this division.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10011. The Director of the State Department of Social Services shall seek approval from the United States Department of Health and Human Services, Office of Child Support Enforcement, to utilize funding under Title IV-D of the Social Security Act for the services provided pursuant to this division. (Added by Stats. 1996, Ch. 957, Sec. 9. Effective January 1, 1997.)
  16. 10012.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    When mediation is required and there is domestic violence or a protective order, the family law facilitator must meet with the parties separately at different times if requested. Intake forms used before mediation must also say this notice.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10012. (a) In a proceeding in which mediation is required pursuant to paragraph (1) of subdivision (a) of Section 10005, where there has been a history of domestic violence between the parties or where a protective order as defined in Section 6218 is in effect, at the request of the party alleging domestic violence in a written declaration under penalty of perjury or protected by the order, the family law facilitator shall meet with the parties separately and at separate times. (b) Any intake form that the office of the family law facilitator requires the parties to complete before the commencement of mediation shall state that, if a party alleging domestic violence in a written declaration under penalty of perjury or a party protected by a protective order so requests, the mediator will meet with the parties separately and at separate times. (Added by Stats. 1996, Ch. 957, Sec. 9. Effective January 1, 1997.)
  17. 10013.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    The family law facilitator may not represent any party and must give conspicuous notice that no attorney-client relationship exists.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10013. The family law facilitator shall not represent any party. No attorney-client relationship is created between a party and the family law facilitator as a result of any information or services provided to the party by the family law facilitator. The family law facilitator shall give conspicuous notice that no attorney-client relationship exists between the facilitator, its staff, and the family law litigant. The notice shall include the advice that the absence of an attorney-client relationship means that communications between the party and the family law facilitator are not privileged and that the family law facilitator may provide services to the other party. (Added by Stats. 1999, Ch. 652, Sec. 14. Effective January 1, 2000.)
  18. 10014.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    People employed by or directly supervised by the family law facilitator must not publicly comment on pending or impending court proceedings.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10014. A person employed by, or directly supervised by, the family law facilitator shall not make any public comment about a pending or impending proceeding in the court as provided by paragraph (9) of subdivision (B) of Canon 3 of the Code of Judicial Ethics. All persons employed by or directly supervised by the family law facilitator shall be provided a copy of paragraph (9) of subdivision (B) of Canon 3 of the Code of Judicial Ethics, and shall be required to sign an acknowledgment that the person is aware of its provisions. (Amended by Stats. 2019, Ch. 115, Sec. 139. (AB 1817) Effective January 1, 2020.)
  19. 10015.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. )

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    The Judicial Council must create forms that explain facilitator services and several disclaimers to the parties.

    ## Family Code - FAM ## DIVISION 14. FAMILY LAW FACILITATOR ACT [10000 - 10015] ( Division 14 added by Stats. 1996, Ch. 957, Sec. 9. ) ## 10015. The Judicial Council shall create any necessary forms to advise the parties of the types of services provided, that there is no attorney-client relationship, that the family law facilitator is not responsible for the outcome of any case, that the family law facilitator does not represent any party and will not appear in court on the party’s behalf, and that the other party may also be receiving information and services from the family law facilitator. (Added by Stats. 1999, Ch. 652, Sec. 15.5. Effective January 1, 2000.)
  20. 105.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “person” to include several types of individuals and entities.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 105. “Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. (Amended by Stats. 1994, Ch. 1010, Sec. 107. Effective January 1, 1995.)
  21. 11.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says references to “husband,” “wife,” “spouses,” or “married persons” also include people who are lawfully married, and in some cases people who were previously lawfully married.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 11. A reference to “husband” and “wife,” “spouses,” or “married persons,” or a comparable term, includes persons who are lawfully married to each other and persons who were previously lawfully married to each other, as is appropriate under the circumstances of the particular case. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  22. 110.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    “Proceeding” includes an action.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 110. “Proceeding” includes an action. (Added by Stats. 1993, Ch. 219, Sec. 81. Effective January 1, 1994.)
  23. 1100.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MANAGEMENT AND CONTROL OF MARITAL PROPERTY [1100 - 1103] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Each spouse generally controls community personal property, but gifts, undervalue transfers, and certain sales or encumbrances need the other spouse’s written consent. A spouse managing a business with community property must give prior written notice before certain major dispositions, and both spouses owe each other fiduciary-style disclosure duties.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MANAGEMENT AND CONTROL OF MARITAL PROPERTY [1100 - 1103] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1100. (a) Except as provided in subdivisions (b), (c), and (d) and Sections 761 and 1103, either spouse has the management and control of the community personal property, whether acquired prior to or on or after January 1, 1975, with like absolute power of disposition, other than testamentary, as the spouse has of the separate estate of the spouse. (b) A spouse may not make a gift of community personal property, or dispose of community personal property for less than fair and reasonable value, without the written consent of the other spouse. This subdivision does not apply to gifts mutually given by both spouses to third parties and to gifts given by one spouse to the other spouse. (c) A spouse may not sell, convey, or encumber community personal property used as the family dwelling, or the furniture, furnishings, or fittings of the home, or the clothing or wearing apparel of the other spouse or minor children which is community personal property, without the written consent of the other spouse. (d) Except as provided in subdivisions (b) and (c), and in Section 1102, a spouse who is operating or managing a business or an interest in a business that is all or substantially all community personal property has the primary management and control of the business or interest. Primary management and control means that the managing spouse may act alone in all transactions but shall give prior written notice to the other spouse of any sale, lease, exchange, encumbrance, or other disposition of all or substantially all of the personal property used in the operation of the business (including personal property used for agricultural purposes), whether or not title to that property is held in the name of only one spouse. Written notice is not, however, required when prohibited by the law otherwise applicable to the transaction. Remedies for the failure by a managing spouse to give prior written notice as required by this subdivision are only as specified in Section 1101. A failure to give prior written notice shall not adversely affect the validity of a transaction nor of any interest transferred. (e) Each spouse shall act with respect to the other spouse in the management and control of the community assets and liabilities in accordance with the general rules governing fiduciary relationships which control the actions of persons having relationships of personal confidence as specified in Section 721, until such time as the assets and liabilities have been divided by the parties or by a court. This duty includes the obligation to make full disclosure to the other spouse of all material facts and information regarding the existence, characterization, and valuation of all assets in which the community has or may have an interest and debts for which the community is or may be liable, and to provide equal access to all information, records, and books that pertain to the value and character of those assets and debts, upon request. (Amended by Stats. 1993, Ch. 219, Sec. 100.8. Effective January 1, 1994.)
  24. 1101.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MANAGEMENT AND CONTROL OF MARITAL PROPERTY [1100 - 1103] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A spouse may claim against the other spouse for fiduciary-duty breaches that harm community-property interests, and a court may order accountings, title changes, and related remedies.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MANAGEMENT AND CONTROL OF MARITAL PROPERTY [1100 - 1103] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1101. (a) A spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse’s present undivided one-half interest in the community estate, including, but not limited to, a single transaction or a pattern or series of transactions, which transaction or transactions have caused or will cause a detrimental impact to the claimant spouse’s undivided one-half interest in the community estate. (b) A court may order an accounting of the property and obligations of the parties to a marriage and may determine the rights of ownership in, the beneficial enjoyment of, or access to, community property, and the classification of all property of the parties to a marriage. (c) A court may order that the name of a spouse shall be added to community property held in the name of the other spouse alone or that the title of community property held in some other title form shall be reformed to reflect its community character, except with respect to any of the following: (1) A partnership interest held by the other spouse as a general partner. (2) An interest in a professional corporation or professional association. (3) An asset of an unincorporated business if the other spouse is the only spouse involved in operating and managing the business. (4) Any other property, if the revision would adversely affect the rights of a third person. (d) (1) Except as provided in paragraph (2), any action under subdivision (a) shall be commenced within three years of the date a petitioning spouse had actual knowledge that the transaction or event for which the remedy is being sought occurred. (2) An action may be commenced under this section upon the death of a spouse or in conjunction with an action for legal separation, dissolution of marriage, or nullity without regard to the time limitations set forth in paragraph (1). (3) The defense of laches may be raised in any action brought under this section. (4) Except as to actions authorized by paragraph (2), remedies under subdivision (a) apply only to transactions or events occurring on or after July 1, 1987. (e) In any transaction affecting community property in which the consent of both spouses is required, the court may, upon the motion of a spouse, dispense with the requirement of the other spouse’s consent if both of the following requirements are met: (1) The proposed transaction is in the best interest of the community. (2) Consent has been arbitrarily refused or cannot be obtained due to the physical incapacity, mental incapacity, or prolonged absence of the nonconsenting spouse. (f) Any action may be brought under this section without filing an action for dissolution of marriage, legal separation, or nullity, or may be brought in conjunction with the action or upon the death of a spouse. (g) Remedies for breach of the fiduciary duty by one spouse, including those set out in Sections 721 and 1100, shall include, but not be limited to, an award to the other spouse of 50 percent, or an amount equal to 50 percent, of any asset undisclosed or transferred in breach of the fiduciary duty plus attorney’s fees and court costs. The value of the asset shall be determined to be its highest value at the date of the breach of the fiduciary duty, the date of the sale or disposition of the asset, or the date of the award by the court. (h) Remedies for the breach of the fiduciary duty by one spouse, as set forth in Sections 721 and 1100, when the breach falls within the ambit of Section 3294 of the Civil Code shall include, but not be limited to, an award to the other spouse of 100 percent, or an amount equal to 100 percent, of any asset undisclosed or transferred in breach of the fiduciary duty. (Amended by Stats. 2001, Ch. 703, Sec. 1. Effective January 1, 2002.)
  25. 1102.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MANAGEMENT AND CONTROL OF MARITAL PROPERTY [1100 - 1103] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Either spouse generally controls community real property, but both spouses must sign certain documents for leases longer than one year and for sales, transfers, or encumbrances.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MANAGEMENT AND CONTROL OF MARITAL PROPERTY [1100 - 1103] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1102. (a) Except as provided in Sections 761 and 1103, either spouse has the management and control of the community real property, whether acquired prior to, or on or after January 1, 1975, but both spouses, either personally or by a duly authorized agent, are required to join in executing an instrument by which that community real property or an interest therein is leased for a longer period than one year, or is sold, conveyed, or encumbered. (b) This section does not apply to a lease, mortgage, conveyance, or transfer of real property, or of an interest in real property, between spouses. (c) Notwithstanding subdivision (b), both of the following shall apply: (1) The sole lease, contract, mortgage, or deed of the husband, holding the record title to community real property, to a lessee, purchaser, or encumbrancer, in good faith without knowledge of the marriage relation, shall be presumed to be valid if executed prior to January 1, 1975. (2) The sole lease, contract, mortgage, or deed of either spouse, holding the record title to community real property to a lessee, purchaser, or encumbrancer, in good faith without knowledge of the marriage relation, shall be presumed to be valid if executed on or after January 1, 1975. (d) An action to avoid an instrument mentioned in this section, affecting any property standing of record in the name of either spouse alone, executed by the spouse alone, shall not be commenced after the expiration of one year from the filing for record of that instrument in the recorder’s office in the county in which the land is situated. (e) This section does not preclude either spouse from encumbering that spouse’s interest in community real property, as provided in Section 2033, to pay reasonable attorney’s fees in order to retain or maintain legal counsel in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties. (Amended by Stats. 2019, Ch. 115, Sec. 11. (AB 1817) Effective January 1, 2020.)
  26. 1103.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MANAGEMENT AND CONTROL OF MARITAL PROPERTY [1100 - 1103] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    When one or both spouses have a conservator of the estate or lack legal capacity, the procedure for managing and controlling certain community property transactions follows Probate Code Part 6.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MANAGEMENT AND CONTROL OF MARITAL PROPERTY [1100 - 1103] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1103. (a) Where one or both of the spouses either has a conservator of the estate or lacks legal capacity to manage and control community property, the procedure for management and control (which includes disposition) of the community property is that prescribed in Part 6 (commencing with Section 3000) of Division 4 of the Probate Code. (b) Where one or both spouses either has a conservator of the estate or lacks legal capacity to give consent to a gift of community personal property or a disposition of community personal property without a valuable consideration as required by Section 1100 or to a sale, conveyance, or encumbrance of community personal property for which a consent is required by Section 1100, the procedure for that gift, disposition, sale, conveyance, or encumbrance is that prescribed in Part 6 (commencing with Section 3000) of Division 4 of the Probate Code. (c) Where one or both spouses either has a conservator of the estate or lacks legal capacity to join in executing a lease, sale, conveyance, or encumbrance of community real property or any interest therein as required by Section 1102, the procedure for that lease, sale, conveyance, or encumbrance is that prescribed in Part 6 (commencing with Section 3000) of Division 4 of the Probate Code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  27. 113.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “property” to include real and personal property, and any interest in them.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 113. “Property” includes real and personal property and any interest therein. (Added by Stats. 2000, Ch. 808, Sec. 21. Effective September 28, 2000.)
  28. 115.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    “Property declaration” means the Judicial Council form used for property declarations in family law matters.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 115. “Property declaration” means the form for a property declaration in family law matters adopted by the Judicial Council. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  29. 12.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says “shall” means mandatory, “may” means permissive, and “shall not” and “may not” mean prohibitory.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 12. “Shall” is mandatory and “may” is permissive. “Shall not” and “may not” are prohibitory. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  30. 125.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “quasi-community property” as certain real or personal property acquired before or after the code’s operative date under specified circumstances.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 125. “Quasi-community property” means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways: (a) By either spouse while domiciled elsewhere which would have been community property if the spouse who acquired the property had been domiciled in this state at the time of its acquisition. (b) In exchange for real or personal property, wherever situated, which would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  31. 126.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In this section, “petitioner” can include a plaintiff when appropriate.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 126. “Petitioner” includes plaintiff, where appropriate. (Added by Stats. 1999, Ch. 980, Sec. 1. Effective January 1, 2000.)
  32. 127.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “respondent” to include a defendant where appropriate.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 127. “Respondent” includes defendant, where appropriate. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  33. 13.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If part of the code is invalid, the rest still applies if it can work without the invalid part; the code is severable.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 13. If a provision or clause of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  34. 130.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “separate property” as property that is separate property under Part 2 of Division 4.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 130. “Separate property” is property that is separate property under Part 2 (commencing with Section 760) of Division 4. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  35. 142.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    “Spousal support” means support of the spouse of the obligor.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 142. “Spousal support” means support of the spouse of the obligor. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  36. 143.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    For this code section, “spouse” includes “registered domestic partner,” subject to Section 297.5.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 143. “Spouse” includes “registered domestic partner,” as required by Section 297.5. (Added by Stats. 2016, Ch. 50, Sec. 35. (SB 1005) Effective January 1, 2017.)
  37. 145.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “State.”

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 145. “State” means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. (Amended by Stats. 1999, Ch. 661, Sec. 3. Effective January 1, 2000. Operative January 1, 1994.)
  38. 150.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “support” for this part of the Family Code.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 150. “Support” refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. It also includes past due support or arrearage when it exists. “Support,” when used with reference to a minor child or a child described in Section 3901, includes maintenance and education. (Amended by Stats. 2000, Ch. 808, Sec. 22. Effective September 28, 2000.)
  39. 1500.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1500 - 1503] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Spouses may change statutory property rights through a premarital agreement or other marital property agreement.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1500 - 1503] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1500. The property rights of spouses prescribed by statute may be altered by a premarital agreement or other marital property agreement. (Amended by Stats. 2014, Ch. 82, Sec. 19. (SB 1306) Effective January 1, 2015.)
  40. 1501.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1500 - 1503] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A minor may enter a valid premarital agreement or other marital property agreement if one of the listed conditions is met.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1500 - 1503] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1501. A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated, is otherwise capable of contracting marriage pursuant to Section 302 or 303, or has entered or is entering a marriage that is valid in the jurisdiction where the marriage is solemnized. (Amended by Stats. 2018, Ch. 660, Sec. 7. (SB 273) Effective January 1, 2019.)
  41. 1502.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1500 - 1503] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A premarital agreement or other marital property agreement may be recorded in the county recorder’s office if it is executed and acknowledged or proved like a real-property grant.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1500 - 1503] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1502. (a) A premarital agreement or other marital property agreement that is executed and acknowledged or proved in the manner that a grant of real property is required to be executed and acknowledged or proved may be recorded in the office of the recorder of each county in which real property affected by the agreement is situated. (b) Recording or nonrecording of a premarital agreement or other marital property agreement has the same effect as recording or nonrecording of a grant of real property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  42. 1503.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1500 - 1503] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says the chapter does not change the validity or effect of premarital agreements made before January 1, 1986.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1500 - 1503] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1503. Nothing in this chapter affects the validity or effect of premarital agreements made before January 1, 1986, and the validity and effect of those agreements shall continue to be determined by the law applicable to the agreements before January 1, 1986. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  43. 155.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “support order” and sets how certain support orders are treated under the cited civil procedure provision.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 155. “Support order” means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. For the purposes of Section 685.020 of the Code of Civil Procedure, only the initial support order, whether temporary or final, whether or not the order is contained in a judgment, shall be considered an installment judgment. No support order or other order or notice issued, which sets forth the amount of support owed for prior periods of time or establishes a periodic payment to liquidate the support owed for prior periods, shall be considered a money judgment for purposes of subdivision (b) of Section 685.020 of the Code of Civil Procedure. (Amended by Stats. 2002, Ch. 539, Sec. 2. Effective January 1, 2003.)
  44. 1600.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Preliminary Provisions [1600 - 1601] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This chapter may be cited as the Uniform Premarital Agreement Act.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Preliminary Provisions [1600 - 1601] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1600. This chapter may be cited as the Uniform Premarital Agreement Act. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  45. 1601.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Preliminary Provisions [1600 - 1601] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section states when the chapter takes effect and which premarital agreements it covers.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Preliminary Provisions [1600 - 1601] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1601. This chapter is effective on and after January 1, 1986, and applies to any premarital agreement executed on or after that date. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  46. 1610.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “premarital agreement” and “property” for the chapter.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1610. As used in this chapter: (a) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (b) “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  47. 1611.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A premarital agreement must be in writing and signed by both parties.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1611. A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  48. 1612.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Premarital agreements may cover specified property and related matters, but they cannot adversely affect a child’s support rights, and some spousal support provisions are unenforceable if counsel or unconscionability conditions are not met.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1612. (a) Parties to a premarital agreement may contract with respect to all of the following: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located. (2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property. (3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event. (4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement. (5) The ownership rights in and disposition of the death benefit from a life insurance policy. (6) The choice of law governing the construction of the agreement. (7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty. (b) The right of a child to support may not be adversely affected by a premarital agreement. (c) Any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of it, is not enforceable if the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement. An otherwise unenforceable provision in a premarital agreement regarding spousal support may not become enforceable solely because the party against whom enforcement is sought was represented by independent counsel. (Amended by Stats. 2001, Ch. 286, Sec. 1. Effective January 1, 2002.)
  49. 1613.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A premarital agreement becomes effective when the spouses marry.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1613. A premarital agreement becomes effective upon marriage. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  50. 1614.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    After marriage, a premarital agreement can be changed or revoked only by a written agreement signed by the parties.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1614. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  51. 1615.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A premarital agreement is not enforceable if it was not signed voluntarily or was unconscionable when signed, and the court must decide unconscionability as a matter of law.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1615. (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following: (1) That party did not execute the agreement voluntarily. (2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party: (A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party. (B) That party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided. (C) That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. (b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. (c) For the purposes of subdivision (a), it shall be deemed that a premarital agreement was not executed voluntarily unless the court finds in writing or on the record all of the following: (1) The party against whom enforcement is sought was represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel. The advisement to seek independent legal counsel shall be made at least seven calendar days before the final agreement is signed. (2) One of the following: (A) For an agreement executed between January 1, 2002, and January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and advised to seek independent legal counsel and the time the agreement was signed. This requirement does not apply to nonsubstantive amendments that do not change the terms of the agreement. (B) For an agreement executed on or after January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and the time the agreement was signed, regardless of whether the party is represented by legal counsel. This requirement does not apply to nonsubstantive amendments that do not change the terms of the agreement. (3) The party against whom enforcement is sought, if unrepresented by legal counsel, was fully informed of the terms and basic effect of the agreement as well as the rights and obligations the party was giving up by signing the agreement, and was proficient in the language in which the explanation of the party’s rights was conducted and in which the agreement was written. The explanation of the rights and obligations relinquished shall be memorialized in writing and delivered to the party prior to signing the agreement. The unrepresented party shall, on or before the signing of the premarital agreement, execute a document declaring that the party received the information required by this paragraph and indicating who provided that information. (4) The agreement and the writings executed pursuant to paragraphs (1) and (3) were not executed under duress, fraud, or undue influence, and the parties did not lack capacity to enter into the agreement. (5) Any other factors the court deems relevant. (Amended by Stats. 2019, Ch. 193, Sec. 1. (AB 1380) Effective January 1, 2020.)
  52. 1616.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If a marriage is void, a premarital agreement is enforceable only as needed to prevent an inequitable result.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1616. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  53. 1617.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A statute of limitations for a claim under a premarital agreement is paused while the parties are married.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Uniform Premarital Agreement Act [1600 - 1617] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Premarital Agreements [1610 - 1617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1617. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  54. 1620.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Agreements Between Spouses [1620- 1620.] ( Heading of Chapter 3 amended by Stats. 2014, Ch. 82, Sec. 20. )

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    Spouses generally may not contract to change their legal relations, except regarding property and where other law allows it.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. MARITAL AGREEMENTS [1500 - 1620] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Agreements Between Spouses [1620- 1620.] ( Heading of Chapter 3 amended by Stats. 2014, Ch. 82, Sec. 20. ) ## 1620. Except as otherwise provided by law, spouses cannot, by a contract with each other, alter their legal relations, except as to property. (Amended by Stats. 2014, Ch. 82, Sec. 21. (SB 1306) Effective January 1, 2015.)
  55. 170.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. Indian Children [170 - 185] ( Part 3 added by Stats. 2006, Ch. 838, Sec. 1. )

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    This section says several Indian child terms are defined by the Indian Child Welfare Act, and it requires a court to decide in writing which tribe counts as the child’s tribe when the child has ties to more than one tribe.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. Indian Children [170 - 185] ( Part 3 added by Stats. 2006, Ch. 838, Sec. 1. ) ## 170. (a) As used in this code, unless the context otherwise requires, the terms “Indian,” “Indian child,” “Indian child’s tribe,” “Indian custodian,” “Indian organization,” “Indian tribe,” “reservation,” and “tribal court” shall be defined as provided in Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (b) When used in connection with an Indian child custody proceeding, the terms “extended family member” and “parent” shall be defined as provided in Section 1903 of the Indian Child Welfare Act. (c) “Indian child custody proceeding” means a “child custody proceeding” within the meaning of Section 1903 of the Indian Child Welfare Act, including a voluntary or involuntary proceeding that may result in an Indian child’s temporary or long-term foster care or guardianship placement if the parent or Indian custodian cannot have the child returned upon demand, termination of parental rights, or adoptive placement. An “Indian child custody proceeding” does not include a proceeding under this code commenced by the parent of an Indian child to determine the custodial rights of the child’s parents, unless the proceeding involves a petition to declare an Indian child free from the custody or control of a parent or involves a grant of custody to a person or persons other than a parent, over the objection of a parent. (d) If an Indian child is a member of more than one tribe or is eligible for membership in more than one tribe, the court shall make a determination, in writing together with the reasons for it, as to which tribe is the Indian child’s tribe for purposes of the Indian child custody proceeding. The court shall make that determination as follows: (1) If the Indian child is or becomes a member of only one tribe, that tribe shall be designated as the Indian child’s tribe, even though the child is eligible for membership in another tribe. (2) If an Indian child is or becomes a member of more than one tribe, or is not a member of any tribe but is eligible for membership in more than one tribe, the tribe with which the child has the more significant contacts shall be designated as the Indian child’s tribe. In determining which tribe the child has the more significant contacts with, the court shall consider, among other things, the following factors: (A) The length of residence on or near the reservation of each tribe and frequency of contact with each tribe. (B) The child’s participation in activities of each tribe. (C) The child’s fluency in the language of each tribe. (D) Whether there has been a previous adjudication with respect to the child by a court of one of the tribes. (E) Residence on or near one of the tribes’ reservations by the child’s parents, Indian custodian or extended family members. (F) Tribal membership of custodial parent or Indian custodian. (G) Interest asserted by each tribe in response to the notice specified in Section 180. (H) The child’s self identification. (3) If an Indian child becomes a member of a tribe other than the one designated by the court as the Indian child’s tribe under paragraph (2), actions taken based on the court’s determination prior to the child’s becoming a tribal member shall continue to be valid. (Added by Stats. 2006, Ch. 838, Sec. 1. Effective January 1, 2007.)
  56. 17000.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. General [17000- 17000.] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    This section defines key terms used in Division 17 of the Family Code.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. General [17000- 17000.] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17000. The definitions contained in this section, and definitions applicable to Division 9 (commencing with Section 3500), shall govern the construction of this division, unless the context requires otherwise. (a) “Child support debt” means the amount of money owed as child support pursuant to a court order. (b) “Child support order” means a court order for the payment of a set or determinable amount of support by a parent or a court order requiring a parent to provide for health insurance coverage. “Child support order” includes any court order for spousal support or for medical support to the extent these obligations are to be enforced by a single state agency for child support under Title IV-D. (c) “Court” means any superior court of this state and any court or tribunal of another state that has jurisdiction to determine the liability of persons for the support of another person. (d) “Court order” means a judgment, decree, or order of any court of this state that orders the payment of a set or determinable amount of support by a parent. It does not include any order or decree of any proceeding in which a court did not order support. (e) “Department” means the Department of Child Support Services. (f) “Dependent child” means any of the following: (1) Any person under 18 years of age who is not emancipated, self-supporting, married, or a member of the Armed Forces of the United States. (2) Any unmarried person who is at least 18 years of age but who has not reached 19 years of age, is not emancipated, and is a student regularly attending high school or a program of vocational or technical training designed to train that person for gainful employment. (g) “Director” means the Director of Child Support Services or an authorized representative. (h) “Local child support agency” means the county department of child support services created pursuant to this chapter and with which the department has entered into a cooperative agreement, to secure child and spousal support, medical support, and determine paternity. Local child support agency includes county programs in multiple counties that have been consolidated into a single agency pursuant to subdivision (a) of Section 17304. (i) “Parent” means the natural or adoptive father or mother of a dependent child, and includes any person who has an enforceable obligation to support a dependent child. (j) “Public assistance” means any amount paid under the California Work Opportunity and Responsibility to Kids Act (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), or any Medi-Cal benefit, for the benefit of any dependent child or the caretaker of a child. (k) “Public assistance debt” means any amount paid under the California Work Opportunity and Responsibility to Kids Act, contained in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, for the benefit of a dependent child or the caretaker of a child for whom the department is authorized to seek recoupment under this division, subject to applicable federal law. (l) “Title IV-D” or “IV-D” means Part D of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.). (Amended by Stats. 2019, Ch. 115, Sec. 140. (AB 1817) Effective January 1, 2020.)
  57. 17200.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The Department of Child Support Services is created within the California Health and Human Services Agency and must administer services and carry out functions needed to establish, collect, and distribute child support.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17200. The Department of Child Support Services is hereby created within the California Health and Human Services Agency. The department shall administer all services and perform all functions necessary to establish, collect, and distribute child support. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  58. 17202.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must administer the Title IV-D state plan for child and spousal support, medical support, and paternity, and it must appoint a designee for certain Penal Code purposes.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17202. (a) The department is hereby designated the single organizational unit whose duty it shall be to administer the Title IV-D state plan for securing child and spousal support, medical support, and determining paternity. State plan functions shall be performed by other agencies as required by law, by delegation of the department, or by cooperative agreements. (b) The department shall appoint the local child support agency, as defined in Section 17304, or any other entity receiving federal tax information in performance of its child support duties as its designee for purposes of paragraph (26) of subdivision (b) of Section 11105 of the Penal Code. (c) For purposes of this section, “federal tax information” is as defined in Section 1044 of the Government Code. (Amended by Stats. 2017, Ch. 19, Sec. 7. (AB 111) Effective June 27, 2017.)
  59. 17204.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department is made up of the director plus any divisions or other administrative units the director considers necessary.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17204. The department consists of the director and such division or other administrative units as the director may find necessary. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  60. 17206.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must maintain adequate organization and staffing, including enough attorneys, to carry out delegated child support functions and satisfy due process in child support order establishment and enforcement.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17206. The department shall ensure that there is an adequate organizational structure and sufficient staff to perform functions delegated to any governmental unit relating to Part D (commencing with Section 651) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code, including a sufficient number of attorneys to ensure that all requirements of due process are satisfied in the establishment and enforcement of child support orders. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  61. 17208.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The department must cut child support enforcement costs, improve speed and efficiency, seek federal funding, and impose a $35 administrative service fee on certain custodial parties when the yearly collected child support reaches $550 or more.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17208. (a) The department shall reduce the cost of, and increase the speed and efficiency of, child support enforcement operations. It is the intent of the Legislature to operate the child support enforcement program through local child support agencies without a net increase in state General Fund or county general fund costs, considering all increases to the General Fund as a result of increased collections and welfare recoupment. (b) The department shall maximize the use of federal funds available for the costs of administering a child support services department, and to the maximum extent feasible, obtain funds from federal financial incentives for the efficient collection of child support, to defray the remaining costs of administration of the department consistent with effective and efficient support enforcement. (c) Effective October 1, 2019, the Department of Child Support Services shall impose an administrative service fee in the amount of thirty-five dollars ($35) on a never-assisted custodial party receiving services from the California child support program for order establishment, enforcement, and collection services provided. The annual amount of child support payments collected on behalf of the custodial party must be five hundred fifty dollars ($550) or more before an administrative service fee is imposed pursuant to this subdivision. The fee shall be deducted from the custodial party’s collection payment at the time the collection payments for that year have reached levels specified by the department. (Amended by Stats. 2019, Ch. 27, Sec. 4. (SB 80) Effective June 27, 2019.)
  62. 17210.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The department must make local child support agency offices and services reasonably accessible throughout the counties and set up ways to inform the public about its services and operations.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17210. The department shall ensure that the local child support agency offices and services are reasonably accessible throughout the counties, and shall establish systems for informing the public, including custodial and noncustodial parents of dependent children, of its services and operations. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  63. 17211.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The department must run the Child Support Assurance Demonstration Project and related county demonstration projects, may contract with Social Services to keep developing and implementing them until they are fully implemented, and must later consult with Social Services and complete the final evaluation.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17211. The department shall administer the Child Support Assurance Demonstration Project established by Article 5 (commencing with Section 18241) of Chapter 3.3 of Part 6 of the Welfare and Institutions Code, and the county demonstration projects to provide employment and training services to nonsupporting noncustodial parents authorized by Section 18205.5 of the Welfare and Institutions Code. However, the department may contract with the State Department of Social Services to continue development and implementation of these demonstration projects until they have been fully implemented. After the demonstration projects have been fully implemented, the department shall consult with the State Department of Social Services on the administration of the projects. The contracts for evaluation of the demonstration projects shall continue to be maintained by the State Department of Social Services. The department shall be responsible for the final evaluation of the projects. (Amended by Stats. 1999, Ch. 480, Sec. 6. Effective January 1, 2000.)
  64. 17212.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    This section keeps child support enforcement records confidential, limits disclosure, and allows only specified releases and court-ordered access.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Organization [17200 - 17212] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17212. (a) It is the intent of the Legislature to protect individual rights of privacy, and to facilitate and enhance the effectiveness of the child and spousal support enforcement program, by ensuring the confidentiality of support enforcement and child abduction records, and to thereby encourage the full and frank disclosure of information relevant to all of the following: (1) The establishment or maintenance of parent and child relationships and support obligations. (2) The enforcement of the child support liability of absent parents. (3) The enforcement of spousal support liability of the spouse or former spouse to the extent required by the state plan under Section 17604 and Part 6 (commencing with Section 5700.101) of Division 9. (4) The location of absent parents. (5) The location of parents and children abducted, concealed, or detained by them. (b) (1) (A) Except as provided in subdivision (c), all files, applications, papers, documents, and records established or maintained by a public entity pursuant to the administration and implementation of the child and spousal support enforcement program established pursuant to Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code and this division, shall be confidential, and shall not be open to examination or released for disclosure for any purpose not directly connected with the administration of the child and spousal support enforcement program. A public entity shall not disclose any file, application, paper, document, or record, or the information contained therein, except as expressly authorized by this section. (B) For purposes of this section, “public entity” does not include the court. This subparagraph is declaratory of existing law. (2) Information shall not be released or the whereabouts of one party or the child disclosed to another party, or to the attorney of any other party, if a protective order has been issued by a court or administrative agency with respect to the party, a good cause claim under Section 11477.04 of the Welfare and Institutions Code has been approved or is pending, or the public agency responsible for establishing paternity or enforcing support has reason to believe that the release of the information may result in physical or emotional harm to the party or the child. When a local child support agency is prohibited from releasing information pursuant to this subdivision, the information shall be omitted from any pleading or document to be submitted to the court and this subdivision shall be cited in the pleading or other document as the authority for the omission. The information shall be released only upon an order of the court pursuant to paragraph (6) of subdivision (c). (3) Notwithstanding any other law, a proof of service filed by the local child support agency shall not disclose the address where service of process was accomplished. Instead, the local child support agency shall keep the address in its own records. The proof of service shall specify that the address is on record at the local child support agency and that the address may be released only upon an order from the court pursuant to paragraph (6) of subdivision (c). The local child support agency shall, upon request by a party served, release to that person the address where service was effected. (c) Disclosure of the information described in subdivision (b) is authorized as follows: (1) All files, applications, papers, documents, and records as described in subdivision (b) shall be available and may be used by a public entity for all administrative, civil, or criminal investigations, actions, proceedings, or prosecutions conducted in connection with the administration of the child and spousal support enforcement program approved under Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code and to the county welfare department responsible for administering a program operated under a state plan pursuant to Part A, Subpart 1 or 2 of Part B, or Part E of Subchapter IV of Chapter 7 of Title 42 of the United States Code. (2) A document requested by a person who wrote, prepared, or furnished the document may be examined by or disclosed to that person or a designee. (3) The payment history of an obligor pursuant to a support order may be examined by or released to the court, the obligor, or the person on whose behalf enforcement actions are being taken or that person’s designee. (4) An income and expense declaration of either parent may be released to the other parent for the purpose of establishing or modifying a support order. (5) Public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) may be released. (6) After a noticed motion and a finding by the court, in a case in which establishment or enforcement actions are being taken, that release or disclosure to the obligor or obligee is required by due process of law, the court may order a public entity that possesses an application, paper, document, or record as described in subdivision (b) to make that item available to the obligor or obligee for examination or copying, or to disclose to the obligor or obligee the contents of that item. Article 9 (commencing with Section 1040) of Chapter 4 of Division 8 of the Evidence Code shall not be applicable to proceedings under this part. At any hearing of a motion filed pursuant to this section, the court shall inquire of the local child support agency and the parties appearing at the hearing if there is reason to believe that release of the requested information may result in physical or emotional harm to a party. If the court determines that harm may occur, the court shall issue any protective orders or injunctive orders restricting the use and disclosure of the information as are necessary to protect the individuals. (7) To the extent not prohibited by federal law or regulation, information indicating the existence or imminent threat of a crime against a child, or location of a concealed, detained, or abducted child, or the location of the concealing, detaining, or abducting person, may be disclosed to a district attorney, an appropriate law enforcement agency, or to a state or county child protective agency, or may be used in any judicial proceedings to prosecute that crime or to protect the child. (8) The social security number, most recent address, and the place of employment of the absent parent may be released to an authorized person as defined in Section 653(c) of Title 42 of the United States Code, only if the authorized person has filed a request for the information, and only if the information has been provided to the California Parent Locator Service by the federal Parent Locator Service pursuant to Section 653 of Title 42 of the United States Code. (9) A parent’s or relative’s name, social security number, most recent address, telephone number, place of employment, or other contact information may be released to a county child welfare agency or county probation department pursuant to subdivision (c) of Section 17506. (d) (1) “Administration and implementation of the child and spousal support enforcement program,” as used in this division, means the carrying out of the state and local plans for establishing, modifying, and enforcing child support obligations, enforcing spousal support orders, and determining paternity pursuant to Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code and this article. (2) For purposes of this division, “obligor” means a person owing a duty of support. (3) As used in this division, “putative parent” shall refer to any person reasonably believed to be the parent of a child for whom the local child support agency is attempting to establish paternity or establish, modify, or enforce support pursuant to Section 17400. (e) A person who willfully, knowingly, and intentionally violates this section is guilty of a misdemeanor. (f) This section does not compel the disclosure of information relating to a deserting parent who is a recipient of aid under a public assistance program for which federal aid is paid to this state, if that information is required to be kept confidential by the federal law or regulations relating to the program. (Amended by Stats. 2021, Ch. 615, Sec. 106. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  65. 17300.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The Governor must appoint the department director with Senate consent, and may appoint up to two chief deputy directors and one deputy director.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17300. (a) With the consent of the Senate, the Governor shall appoint, to serve at the Governor’s pleasure, an executive officer who shall be director of the department. In making the appointment the Governor shall consider training, demonstrated ability, experience, and leadership in organized child support enforcement administration. The director shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (b) The Governor also may appoint, to serve at the Governor’s pleasure, not to exceed two chief deputy directors of the department, and one deputy director of the department. The salaries of the chief deputy directors and the deputy director shall be fixed in accordance with law. (Amended by Stats. 2019, Ch. 115, Sec. 142. (AB 1817) Effective January 1, 2020.)
  66. 17302.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The director must manage the department, administer child support enforcement laws and regulations, perform legal duties, and report on statewide child support enforcement conditions to the Governor, Legislature, and the public.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17302. The director shall do all of the following: (a) Be responsible for the management of the department. (b) Administer all federal and state laws and regulations pertaining to the administration of child support enforcement obligations. (c) Perform all duties as may be prescribed by law, and any other administrative and executive duties imposed by law. (d) Observe, and report to the Governor, the Legislature, and the public on, the conditions of child support enforcement activities throughout the state pursuant to subdivision (e) of Section 17602. (Amended by Stats. 1999, Ch. 480, Sec. 7. Effective January 1, 2000.)
  67. 17303.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The Legislature states that California should have a single state agency for child support enforcement, with strong leadership, oversight, and direct management of local agencies.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17303. The Legislature finds and declares all of the following: (a) Title IV-D of the federal Social Security Act, contained in Part D (commencing with Section 651) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code, requires that there be a single state agency for child support enforcement. California’s child support enforcement system is extremely complex, involving numerous state and local agencies. The state’s system was divided between the State Department of Social Services, the Attorney General’s office, the Franchise Tax Board, the Employment Development Department, the Department of Motor Vehicles, and the 58 county district attorneys’ offices. (b) The lack of coordination and integration between state and local child support agencies has been a major impediment to getting support to the children of this state. An effective child support enforcement program must have strong leadership and effective state oversight and management to best serve the needs of the children of the state. (c) The state would benefit by centralizing its obligation to hold counties responsible for collecting support. Oversight would be best accomplished by direct management by the state. (d) A single state agency for child support enforcement with strong leadership and direct accountability for local child support agencies will benefit the taxpayers of the state by reducing the inefficiencies introduced by involving multiple layers of government in child support enforcement operations. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  68. 17304.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    Each county must create a county child support services department, and the director oversees, coordinates, and may consolidate local agencies under stated conditions.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17304. To address the concerns stated by the Legislature in Section 17303, each county shall establish a new county department of child support services. Each department is also referred to in this division as the local child support agency. The local child support agency shall be separate and independent from any other county department and shall be responsible for promptly and effectively establishing, modifying, and enforcing child support obligations, including medical support, enforcing spousal support orders established by a court of competent jurisdiction, and determining paternity in the case of a child born out of wedlock. The local child support agency shall refer all cases requiring criminal enforcement services to the district attorney and the district attorney shall prosecute those cases, as appropriate. If a district attorney fails to comply with this section, the director shall notify the Attorney General and the Attorney General shall take appropriate action to secure compliance. The director shall be responsible for implementing and administering all aspects of the state plan that direct the functions to be performed by the local child support agencies relating to their Title IV-D operations. In developing the new system, all of the following shall apply: (a) The director shall negotiate and enter into cooperative agreements with county and state agencies to carry out the requirements of the state plan and provide services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations as required pursuant to Section 654 of Title 42 of the United States Code. The cooperative agreements shall require that the local child support agencies are reasonably accessible to the citizens of each county and are visible and accountable to the public for their activities. The director, in consultation with the impacted counties, may consolidate the local child support agencies, or any function of the agencies, in more than one county into a single local child support agency, if the director determines that the consolidation will increase the efficiency of the state Title IV-D program and each county has at least one local child support office accessible to the public. (b) The director shall have direct oversight and supervision of the Title IV-D operations of the local child support agency, and no other local or state agency shall have any authority over the local child support agency as to any function relating to its Title IV-D operations. The local child support agency shall be responsible for the performance of child support enforcement activities required by law and regulation in a manner prescribed by the department. The administrator of the local child support agency shall be responsible for reporting to and responding to the director on all aspects of the child support program. (c) Nothing in this section prohibits the local child support agency, with the prior approval of the director, from entering into cooperative arrangements with other county departments, as necessary to carry out the responsibilities imposed by this section pursuant to plans of cooperation submitted to the department and approved by the director. The local child support agency may not enter into a cooperative agreement or contract with any county department or independently elected official, including the office of the district attorney, to run, supervise, manage, or oversee the Title IV-D functions of the local child support agency. Until September 1, 2004, the local child support agency may enter into a cooperative agreement or contract of restricted scope and duration with a district attorney to utilize individual attorneys as necessary to carry out limited attorney services. Any cooperative agreement or contract for the attorney services shall be subject to approval by the department and contingent upon a written finding by the department that either the relatively small size of the local child support agency program, or other serious programmatic needs, arising as a result of the transition make it most efficient and cost-effective to contract for limited attorney services. The department shall ensure that any cooperative agreement or contract for attorney services provides that all attorneys be supervised by, and report directly to, the local child support agency, and comply with all state and federal child support laws and regulations. The office of the Legislative Analyst shall review and assess the efficiency and effectiveness of that cooperative agreement or contract, and shall report its findings to the Legislature by January 1, 2004. Within 60 days of receipt of a plan of cooperation or contract from the local child support agency, the department shall either approve the plan of cooperation or contract or notify the agency that the plan is denied. If an agency is notified that the plan is denied, the agency shall have the opportunity to resubmit a revised plan of cooperation or contract. If the director fails to respond in writing within 60 days of receipt, the plan shall otherwise be deemed approved. Nothing in this section shall be deemed an approval of program costs relative to the cooperative arrangements entered into by the counties with other county departments. (d) In order to minimize the disruption of services provided and to capitalize on the expertise of employees, the director shall create a program that builds on existing staff and facilities to the fullest extent possible. All assets of the family support division in the district attorney’s office shall become assets of the local child support agency. (e) (1) (A) Except as provided in subparagraph (B), all employees and other personnel who serve the office of the district attorney and perform child support collection and enforcement activities shall become the employees and other personnel of the county child support agency at their existing or equivalent classifications, and at their existing salaries and benefits that include, but are not limited to, accrued and unused vacation, sick leave, personal leave, and health and pension plans. (B) The Title IV-D director is entitled to become an employee of the local child support agency or may be selected as the administrator pursuant to the provisions of subdivision (f). (2) Permanent employees of the office of the district attorney on the effective date of this chapter shall be deemed qualified, and no other qualifications shall be required for employment or retention in the county child support agency. Probationary employees on the effective date of this chapter shall retain their probationary status and rights, and shall not be deemed to have transferred, so as to require serving a new probationary period. (3) Employment seniority of an employee of the office of the district attorney on the effective date of this chapter shall be counted toward seniority in the county child support agency and all time spent in the same, equivalent, or higher classification shall be counted toward classification seniority. (4) An employee organization that has been recognized as the representative or exclusive representative of an established appropriate bargaining unit of employees who perform child support collection and enforcement activities shall continue to be recognized as the representative or exclusive representative of the same employees of the county. (5) An existing memorandum of understanding or agreement between the county or the office of the district attorney and the employee organization shall remain in effect and be fully binding on the parties involved for the term of the agreement. (6) Nothing in this section shall be construed to limit the rights of employees or employee organizations to bargain in good faith on matters of wages, hours, or other terms and conditions of employment, including the negotiation of workplace standards within the scope of bargaining as authorized by state and federal law. (7) (A) Except as provided in subparagraph (B), a public agency shall, in implementing programs affected by the act of addition or amendment of this chapter to this code, perform program functions exclusively through the use of merit civil service employees of the public agency. (B) Prior to transition from the district attorney to the local child support agency under Section 17305, the district attorney may continue existing contracts and their renewals, as appropriate. After the transition under Section 17305, any contracting out of program functions shall be approved by the director consistent with Section 31000 and following of the Government Code, except as otherwise provided in subdivision (c) with regard to attorney services. The director shall approve or disapprove a proposal to contract out within 60 days. Failure of the director to respond to a request to contract out within 60 days after receipt of the request shall be deemed approval, unless the director submits an extension to respond, which in no event shall be longer than 30 days. (f) The administrator of the local child support agency shall be an employee of the county selected by the board of supervisors, or in the case of a city and county, selected by the mayor, pursuant to the qualifications established by the department. The administrator may hire staff, including attorneys, to fulfill the functions required by the agency and in conformity with any staffing requirements adopted by the department, including all those set forth in Section 17306. All staff shall be employees of the county and shall comply with all local, state, and federal child support laws, regulations, and directives. (Amended by Stats. 2001, Ch. 755, Sec. 11. Effective October 12, 2001.)
  69. 17305.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The director must manage the transfer of child support cases from district attorneys to local child support agencies on a set schedule, and district attorneys must cooperate and keep services, staffing, and funding at required levels during the transition.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17305. (a) In order to achieve an orderly and timely transition to the new system with minimal disruption of services, the director shall begin the transition from the office of the district attorney to the local child support agencies pursuant to Section 17304, commencing January 1, 2001. The director shall transfer the appropriate number of counties, equaling at least 50 percent of the statewide caseload into the new system by January 1, 2002. The transition shall be completed by January 1, 2003. A county that has appointed an administrator for the local child support agency and has complied with the requirements of subdivision (b) may transition prior to January 1, 2001, subject to the approval of the director. In determining the order in which counties will be transferred from the office of the district attorney to the local child support agencies, the director shall do all of the following: (1) Consider the performance of the counties in establishing and collecting child support. (2) Minimize the disruption of the services provided by the counties. (3) Optimize the chances of a successful transition. (b) In order to achieve an orderly transition with minimal disruption of services, a county shall submit a plan of transition which shall be approved by the department prior to transition. (c) The director shall consult with the district attorney to achieve an orderly transition and to minimize the disruption of services. Each district attorney shall cooperate in the transition as requested by the director. (d) To minimize any disruption of services provided under the child support enforcement program during the transition, each district attorney shall: (1) Continue to be designated the single organizational unit whose duty it shall be to administer the Title IV-D state plan for securing child and spousal support, medical support, and determining paternity for that county until such time as the county is notified by the director that the county has been transferred pursuant to subdivision (a) or sooner under Section 17602. (2) At a minimum, maintain all levels of funding, staffing, and services as of January 1, 1999, to administer the Title IV-D state plan for securing child and spousal support, medical support, and determining paternity. If the director determines that a district attorney has lowered the funding, staffing, or services of the child support enforcement program, the director may withhold part or all state and federal funds, including incentive funds, from the district attorney. Before the director withholds part of or all state and federal funds, including incentive funds, the district attorney shall have the opportunity to demonstrate good cause for any reductions in funding, staffing, or services. Good cause exceptions for reductions shall include, but not be limited to, natural staff attrition and caseload changes. (Amended by Stats. 1999, Ch. 480, Sec. 9. Effective January 1, 2000.)
  70. 17306.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The Department of Child Support Services must create statewide uniform forms, policies, and procedures, and the director must carry out specific planning, training, budget review, consultation, and judicial submission duties.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17306. (a) The Department of Child Support Services shall develop uniform forms, policies, and procedures to be employed statewide by all local child support agencies. Pursuant to this subdivision, the department shall: (1) Adopt uniform procedures and forms. (2) Establish standard caseload-to-staffing ratios, adjusted as appropriate to meet the varying needs of local programs. (3) Institute a consistent statewide policy on the appropriateness of closing cases to ensure that, without relying solely on federal minimum requirements, all cases are fully and pragmatically pursued for collections prior to closing. (4) Evaluate the best practices for the establishment, enforcement, and collection of child support, for the purpose of determining which practices should be implemented statewide in an effort to improve performance by local child support agencies. In evaluating the best practices, the director shall review existing practices in better performing counties within California, as well as practices implemented by other state Title IV-D programs nationwide. (5) Evaluate the best practices for the management of effective child support enforcement operations for the purpose of determining what management structure should be implemented statewide in an effort to improve the establishment, enforcement, and collection of child support by local child support agencies, including an examination of the need for attorneys in management level positions. In evaluating the best practices, the director shall review existing practices in better performing counties within California, as well as practices implemented by other state Title IV-D programs nationwide. (6) Set priorities for the use of specific enforcement mechanisms for use by local child support agencies. As part of establishing these priorities, the director shall set forth caseload processing priorities to target enforcement efforts and services in a way that will maximize collections. (7) Develop uniform training protocols, require periodic training of all child support staff, and conduct training sessions as appropriate. (8) Review and approve annual budgets submitted by the local child support agencies to ensure each local child support agency operates an effective and efficient program that complies with all federal and state laws, regulations, and directives, including the directive to hire sufficient staff. (b) The director shall submit any forms intended for use in court proceedings to the Judicial Council for approval at least six months prior to the implementation of the use of the forms. (c) In adopting the forms, policies, and procedures, the director shall consult with appropriate organizations representing stakeholders in California, such as the California State Association of Counties, the Child Support Directors Association of California, labor organizations, parent advocates, child support commissioners, family law facilitators, and the appropriate committees of the Legislature. (Amended by Stats. 2019, Ch. 27, Sec. 5. (SB 80) Effective June 27, 2019.)
  71. 17306.1.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The Department of Child Support Services must implement a revised child support agency funding methodology, hold stakeholder working sessions, and provide a written update to the Legislature by February 1, 2020.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17306.1. (a) Commencing with the 2019–20 fiscal year, the department shall implement a revised local child support agency funding methodology that was developed in consultation with the California Child Support Directors Association. The methodology shall consist of both of the following components in the 2019–20 fiscal year: (1) Casework operations, which consists of a statewide standard case-to-staff ratio, the respective labor costs for each local child support agency, and an operating expense and equipment complement based on a percentage of staffing costs. The department shall propose a specific ratio informed by the working sessions described in subdivision (c) and as part of the required update to the Legislature required by subdivision (d). (2) Call center operations, which consists of a standard statewide ratio of calls to call center agents, the respective labor costs for each local child support agency, and an operating expense and equipment complement based on a percentage of staffing costs. (b) Any increased state costs that result, either directly or indirectly, from implementation of the funding methodology described in subdivision (a) shall be implemented to the extent of an appropriation of funds in the annual Budget Act. (c) (1) The Department of Child Support Services shall convene a series of stakeholder working sessions to develop the ongoing methodology, which shall take effect in the 2020–21 fiscal year. There shall be at least three working sessions during the summer and fall of 2019, beginning as early as possible after July 1, 2019. (2) The working sessions shall include, but not be limited to, representatives from the Child Support Directors Association, the Legislative Analyst’s Office, the Department of Finance, consultants from the Assembly and Senate Health and Human Services budget subcommittees, any other interested Legislative consultants, antipoverty advocates, advocacy organizations representing custodial and noncustodial parents, including fathers’ rights advocates, impacted families, and any other interested advocates or stakeholders for the child support program. (3) The working sessions shall do all of the following: (A) Further refine or change the local child support agency funding methodology defined in subdivision (a), including accounting for performance incentives to be provided in future years. (B) Discuss additional strategies that might improve the customer service, pragmatic collectability, and cost efficiency of the child support program and assess fiscal impact to operations and collections. (C) Consider any policy changes that may affect the workload and associated funding needs of the local child support agencies and assess fiscal impact to operations and collections. (D) Consider the ways that child support collection improves outcomes for children, impacts the well-being of children in relationship to their parents who are ordered to pay support, particularly their fathers, and impacts the racial wealth gap and further analyze the impact that child support has on parents ordered to pay support who do not have the capacity to pay. (d) The department shall provide a written update describing recommended changes to the funding methodology described in subdivision (a) to the relevant policy committees and budget subcommittee of the Legislature on February 1, 2020. The written update shall include, but not be limited to, a description of the programmatic and policy changes discussed in the working sessions, the feasibility of implementing the discussed programmatic and policy changes, the impact that the discussed programmatic and policy changes would have on operations, collections, and families served, and additional required statutory changes. (Amended by Stats. 2020, Ch. 370, Sec. 116. (SB 1371) Effective January 1, 2021.)
  72. 17307.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The Department of Child Support Services may prevent, correct, or remedy timing changes in child support payments caused solely by the initial rollout of the federally required State Disbursement Unit.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17307. (a) The Legislature hereby finds and declares that the Department of Child Support Services has the authority and discretion to prevent, correct, or remedy the effects of changes in the timing of the receipt of child support payments resulting solely from the initial implementation of the federally required State Disbursement Unit. This authority shall not be construed to supplant existing statutory appropriation and technology project approval processes, limits, and requirements. (b) The Legislature hereby finds and declares that this section is declaratory of existing law. (Added by Stats. 2006, Ch. 75, Sec. 6. Effective July 12, 2006.)
  73. 17308.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The director must implement and manage a single statewide automated child support system that complies with state and federal requirements.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17308. The director shall assume responsibility for implementing and managing all aspects of a single statewide automated child support system that will comply with state and federal requirements. The director may delegate responsibility to, or enter into an agreement with, any agency or entity that it deems necessary to satisfy this requirement. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  74. 17309.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The state must operate a State Disbursement Unit, as required by federal law.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17309. Effective October 1, 1998, the state shall operate a State Disbursement Unit as required by federal law (42 U.S.C. Secs. 654 (27), 654a(g), and 654b). (Amended by Stats. 2003, Ch. 387, Sec. 10. Effective January 1, 2004.)
  75. 17309.5.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Some employers must pay child support to the State Disbursement Unit by electronic fund transfer. Other employers may choose to do so if they follow the department’s required form and approval process.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17309.5. (a) An employer who is required to withhold and, by electronic fund transfer, pay tax pursuant to Section 19011 of the Revenue and Taxation Code or Section 13021 of the Unemployment Insurance Code, shall make child support payments to the State Disbursement Unit by electronic fund transfer. All child support payments required to be made to the State Disbursement Unit shall be remitted to the State Disbursement Unit by electronic fund transfer pursuant to Division 11 (commencing with Section 11101) of the Commercial Code. (b) An employer not required to make payment to the State Disbursement Unit pursuant to paragraph (a), may elect to make payment by electronic fund transfer under the following conditions: (1) The election shall be made in a form, and shall contain information, as prescribed by the Director of the Department of Child Support Services, and shall be subject to approval of the department. (2) The election may be terminated upon written request to the Department of Child Support Services. (c) For the purposes of this section: (1) “Electronic fund transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape, so as to order, instruct, or authorize a financial institution to debit or credit an account. Electronic fund transfers shall be accomplished by an automated clearinghouse debit, an automated clearinghouse credit, or by Federal Reserve Wire Transfer (Fedwire). (2) “Automated clearinghouse” means any federal reserve bank, or an organization established in agreement with the National Automated Clearinghouse Association, that operates as a clearinghouse for transmitting or receiving entries between banks or bank accounts and that authorizes an electronic transfer of funds between these banks or bank accounts. (3) “Automated clearinghouse debit” means a transaction in which the state, through its designated depository bank, originates an automated clearinghouse transaction debiting the person’s bank account and crediting the state’s bank account for the amount of tax. Banking costs incurred for the automated clearinghouse debit transaction shall be paid by the state. (4) “Automated clearinghouse credit” means an automated clearinghouse transaction in which the person, through their own bank, originates an entry crediting the state’s bank account and debiting the person’s own bank account. Banking costs incurred for the automated clearinghouse credit transaction charged to the state shall be paid by the person originating the credit. (5) “Fedwire transfer” means a transaction originated by a person and utilizing the national electronic payment system to transfer funds through the federal reserve banks, when that person debits their own bank account and credits the state’s bank account. Electronic fund transfers pursuant to this section may be made by Fedwire only if payment cannot, for good cause, be made according to subdivision (a), and the use of Fedwire is preapproved by the department. Banking costs incurred for the Fedwire transaction charged to the person and to the state shall be paid by the person originating the transaction. (Amended by Stats. 2019, Ch. 115, Sec. 143. (AB 1817) Effective January 1, 2020.)
  76. 17310.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The director must issue and update regulations and general policies for the department, and the department may reissue, change, or repeal child-support regulations as allowed by Section 17312.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17310. (a) The director shall formulate, adopt, amend, or repeal regulations and general policies affecting the purposes, responsibilities, and jurisdiction of the department that are consistent with law and necessary for the administration of the state plan for securing child support and enforcing spousal support orders and determining paternity. (b) Notwithstanding any other provision of law, all regulations, including, but not limited to, regulations of the State Department of Social Services and the State Department of Health Services, relating to child support enforcement shall remain in effect and shall be fully enforceable by the department. The department may readopt, amend, or repeal the regulations in accordance with Section 17312 as necessary and appropriate. (Amended by Stats. 1999, Ch. 480, Sec. 11. Effective January 1, 2000.)
  77. 17311.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Creates the Child Support Payment Trust Fund and assigns the department to administer it.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17311. (a) The Child Support Payment Trust Fund is hereby created in the State Treasury. The department shall administer the fund. (b) (1) The state may deposit child support payments received by the State Disbursement Unit, including those amounts that result in overpayment of child support, into the Child Support Payment Trust Fund, for the purpose of processing and providing child support payments. Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated for the purposes of disbursing child support payments from the State Disbursement Unit. (2) The state share of the interest and other earnings that accrue on the fund shall be available to the department and used to offset the following General Fund costs in this order: (A) Any transfers made to the Child Support Payment Trust Fund from the General Fund. (B) The cost of administering the State Disbursement Unit, subject to appropriation by the Legislature. (C) Other child support program activities, subject to appropriation by the Legislature. (c) The department may establish and administer a revolving account in the Child Support Payment Trust Fund in an amount not to exceed six hundred million dollars ($600,000,000) to ensure the timely disbursement of child support. This amount may be adjusted by the Director of Finance upon notification of the Legislature as required, to meet payment timeframes required under federal law. (d) It is the intent of the Legislature to provide transfers from the General Fund to provide startup funds for the Child Support Payment Trust Fund so that, together with the balances transferred pursuant to Section 17311.7, the Child Support Payment Trust Fund will have sufficient cash on hand to make all child support payments within the required timeframes. (e) Notwithstanding any other law, an ongoing loan shall be made available from the General Fund, from funds not otherwise appropriated, to the Child Support Payment Trust Fund, not to exceed one hundred fifty million dollars ($150,000,000) to ensure the timely disbursement of child support payments when funds have not been recorded to the Child Support Payment Trust Fund or due to other fund liabilities, including, but not limited to, Internal Revenue Service negative adjustments to tax intercept payments. Whenever an adjustment of this amount is required to meet payment timeframes under federal law, the amount shall be adjusted after approval of the Director of Finance. In conjunction with the Department of Finance and the Controller’s office, the department shall establish repayment procedures to ensure the outstanding loan balance does not exceed the average daily cash needs. The ongoing evaluation of the fund as detailed in these procedures shall occur no less frequently than monthly. (f) Notwithstanding any other law, the Controller may use the moneys in the Child Support Payment Trust Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. However, interest shall be paid on all moneys loaned to the General Fund from the Child Support Payment Trust Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the Child Support Payment Trust Fund was created. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 4. Effective February 20, 2009.)
  78. 17311.5.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department may use trust agreements for child support collections, keep related trust accounts outside the State Treasury, and—during fiscal year 2012–13—invest trust account moneys in specified or comparable securities.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17311.5. (a) The department may enter into a trust agreement with a trustee or fiscal intermediary to receive or disburse child support collections. The trust agreement may contain provisions the department deems reasonable and proper for the security of the child support payments. Any trust accounts created by the trust agreements may be held outside the State Treasury. (b) For the 2012–13 fiscal year only, trust account moneys may be invested in any of the types of securities listed in Section 16430 of the Government Code or alternatives offering comparable security, including, but not limited to, mutual funds and money market funds. This subdivision does not authorize investments or transfers that would interfere with carrying out the objective for which the Child Support Payment Trust Fund was created. (Amended by Stats. 2012, Ch. 47, Sec. 1. (SB 1041) Effective June 27, 2012.)
  79. 17311.7.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Payments required through the State Disbursement Unit must be made directly to specified recipients instead of to the family generally.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17311.7. (a) Any payment required to be made to a family through the State Disbursement Unit shall be made directly to the obligee parent in the child support order requiring the payment, the conservator or guardian of the obligee parent, a special needs trust for the benefit of the obligee parent, the guardian of the person and the estate of the child subject to the order, any caregiver relative having custody or responsibility for the child, pursuant to a written record, or an alternate caregiver to whom the obligee under the child support order directs, in a written record, that payments be made. (b) For purposes of this section, “alternate caregiver” means a nonrelative caregiver who is designated in writing by the obligee parent to take care of the child for a limited time. (Repealed and added by Stats. 2018, Ch. 504, Sec. 6. (AB 3248) Effective January 1, 2019.)
  80. 17312.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must issue general regulations, orders, or standards, and the director may adopt, amend, or repeal them only under the referenced Government Code procedure.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17312. (a) The department shall adopt regulations, orders, or standards of general application to implement, interpret, or make specific the law enforced by the department. Regulations, orders, and standards shall be adopted, amended, or repealed by the director only in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) In adopting regulations, the department shall strive for clarity of language that may be readily understood by those administering public social services or subject to those regulations. (c) The rules of the department need not specify or include the detail of forms, reports, or records, but shall include the essential authority by which any person, agency, organization, association, or institution subject to the supervision or investigation of the department is required to use, submit, or maintain the forms, reports, or records. (d) The department’s regulations and other materials shall be made available pursuant to the California Code of Regulations and in the same manner as are materials of the State Department of Social Services under the provisions of Section 205.70 of Title 45 of the Code of Federal Regulations. (Amended by Stats. 1999, Ch. 480, Sec. 12. Effective January 1, 2000.)
  81. 17314.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The director must appoint needed staff, assign their duties, and set salaries with Finance approval; regional state administrators must oversee local child support agencies, report, and support compliance; local agencies must cooperate with reasonable requests.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17314. (a) Subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), the director shall appoint any assistants and other employees that are necessary for the administration of the affairs of the department and shall prescribe their duties and, subject to the approval of the Department of Finance, fix their salaries. (b) As the director adopts a plan for a local child support agency to assume responsibility for child support enforcement activities in any county served by a district attorney pursuant to Section 17304, the director shall hire a sufficient number of regional state administrators to oversee the local child support agencies to ensure compliance with all state and federal laws and regulations. The regions shall be divided based on the total caseload of each local child support agency. The responsibilities of the regional state administrators shall include all of the following: (1) Conducting regular and comprehensive site visits to the local child support agencies assigned to their region and preparing quarterly reports to be submitted to the department. The local child support agencies shall fully cooperate with all reasonable requests made by the regional state administrators, including providing all requested data on the local child support agency’s program. (2) Notifying a local child support agency of any potential or actual noncompliance with any state or federal law or regulation by the agency and working with the local child support agency to develop an immediate plan to ensure compliance. (3) Participating in program monitoring teams as set forth in subdivision (c) of Section 17602. (4) Participating in meetings with all regional state administrators and the director on at least a monthly basis to promote statewide uniformity as to the functions and structure of the local child support agencies. The regional state administrators may recommend proposals for approval and adoption by the director to achieve this goal. (5) Responding to requests for management or technical assistance regarding program operations by local child support agencies. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  82. 17316.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    A person serving as director may not also be a trustee, manager, director, officer, or employee of certain agencies or institutions supervised by the department.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17316. No person, while holding the office of director, shall be a trustee, manager, director, or other officer or employee of any agency performing any function supervised by the department or any institution that is subject to examination, inspection, or supervision by the department. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  83. 17318.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The department must follow Part 1 of Division 3 of Title 2 of the Government Code when conducting its business, unless another law expressly says otherwise.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17318. Except as otherwise expressly provided, Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code, as it may be added to or amended from time to time, shall apply to the conduct of the department. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  84. 17320.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must coordinate with the State Department of Social Services to avoid federal penalties that would reduce the state’s Temporary Assistance to Needy Families grant.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17320. The department shall coordinate with the State Department of Social Services to avoid the imposition of any federal penalties that cause a reduction in the state’s Temporary Assistance to Needy Families grant, payable pursuant to Section 603(a)(1) of Title 42 of the United States Code. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  85. 17325.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Child support payments directly deposited to the recipient’s chosen account may only go into a qualifying account, and non-bank providers of noncompliant accounts may not solicit, accept, or facilitate those deposits.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Director of Child Support Services [17300 - 17325] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17325. (a) (1) Notwithstanding any other law, if child support payments are directly deposited to an account of the recipient’s choice, as authorized under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), the payments may only be deposited to an account that meets the requirements of a qualifying account, as defined in paragraph (2), for deposit of child support payments. (2) For purposes of this section, a “qualifying account” is one of the following: (A) A demand deposit or savings account at an insured depository financial institution that is offered directly by the insured depository financial institution on its internet website or through its branches and that is in the name of the person entitled to the receipt of child support payments. (B) A prepaid account, or a demand deposit or savings account offered by, or through, an entity other than an insured depository financial institution, that meets all of the following: (i) The account is held at an insured depository financial institution. (ii) The account is set up to meet the requirements for direct or passthrough deposit or share insurance payable to the person entitled to the receipt of child support payments by the Federal Deposit Insurance Corporation in accordance with Part 330 of Title 12 of the Code of Federal Regulations, or the National Credit Union Share Insurance Fund in accordance with Part 745 of Title 12 of the Code of Federal Regulations. (iii) The account is not attached to a credit or overdraft feature that is automatically repaid from the account unless the credit or overdraft feature has no fee, charge, or cost, whether direct, required, voluntary, or involuntary, or the credit or overdraft feature complies with the requirements for credit offered in connection with a prepaid account under the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.) and its implementing regulations. (iv) The account complies with all of the requirements, and provides the holder of the account with all of the consumer protections, that apply to an account under the rules implementing the EFTA. (3) A person or entity that is not an insured depository financial institution that offers, maintains, or manages an account that does not comply with paragraph (2) shall not solicit, accept, or facilitate the direct deposit of child support payments to the account. (b) For purposes of this section, the department shall not be held liable for authorizing a direct deposit of child support payments into an account designated by the recipient that does not comply with paragraph (2) of subdivision (a). The department has no obligation to determine whether an account at the insured depository financial institution of the recipient’s choice is a qualifying account as described in subdivision (a). (c) For the purposes of this section, the following definitions shall apply: (1) “Insured depository financial institution” means a state or national bank, a state or federal savings and loan association, a mutual savings bank, or a state or federal credit union that holds deposits insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. (2) “Prepaid account” has the same meaning as that term is defined in regulations under the EFTA. (Amended by Stats. 2021, Ch. 546, Sec. 1. (SB 497) Effective January 1, 2022.)
  86. 17390.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Statewide Registry for Child Support [17390 - 17393] ( Article 4 added by Stats. 2016, Ch. 474, Sec. 13. )

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    The Legislature states there is no single statewide database for child support order statistics, and allows the California Child Support Enforcement System or its replacement to be used as a statewide registry of child support orders.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Statewide Registry for Child Support [17390 - 17393] ( Article 4 added by Stats. 2016, Ch. 474, Sec. 13. ) ## 17390. (a) The Legislature finds and declares that there is no single statewide database containing statistical data regarding child support orders. (b) The California Child Support Enforcement System or its replacement may be utilized to provide a single statewide registry of all child support orders in California, including orders for cases under Title IV-D of the Social Security Act and all cases with child support orders. (Added by Stats. 2016, Ch. 474, Sec. 13. (AB 2882) Effective January 1, 2017.)
  87. 17391.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Statewide Registry for Child Support [17390 - 17393] ( Article 4 added by Stats. 2016, Ch. 474, Sec. 13. )

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    The department must plan and run the Statewide Child Support Registry, and court clerks must send specified child support order information within 20 days.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Statewide Registry for Child Support [17390 - 17393] ( Article 4 added by Stats. 2016, Ch. 474, Sec. 13. ) ## 17391. (a) The department shall develop an implementation plan for the Statewide Child Support Registry. The Statewide Child Support Registry shall be operated by the agency responsible for operation of the California Child Support Enforcement System or its replacement. The Statewide Child Support Registry shall include storage and data retrieval of the data elements specified in Section 17392 for all California child support orders. The Statewide Child Support Registry will operate to ensure that all data in the Statewide Child Support Registry can be accessed and integrated for statistical analysis and reporting purposes with all child support order data contained in the California Child Support Enforcement System. (b) Each clerk of the court shall provide the information specified in Section 17392 within 20 days to the department or the Statewide Child Support Registry from each new or modified child support order, including child support arrearage orders. (c) The department shall maintain a system for compiling the child support data received from the clerks of the court, ensure that all child support data received from the clerks of the court are entered into the Statewide Child Support Registry within five business days of receipt in the Statewide Child Support Registry, and ensure that the Statewide Child Support Registry is fully implemented statewide. (d) The department shall provide aggregate data on a periodic basis on the data maintained by the Statewide Child Support Registry to the Judicial Council, the appropriate agencies of the executive branch, and the Legislature for statistical analysis and review. The data shall not include individual identifying information for specific cases. (e) Any information maintained by the Statewide Child Support Registry received from clerks of the court shall be provided to local child support agencies, the courts, and others as provided by law. (Added by Stats. 2016, Ch. 474, Sec. 13. (AB 2882) Effective January 1, 2017.)
  88. 17392.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Statewide Registry for Child Support [17390 - 17393] ( Article 4 added by Stats. 2016, Ch. 474, Sec. 13. )

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    The Judicial Council must create needed forms for the Statewide Child Support Registry and make them available at least 30 days before the registry starts. Court clerks must send registry information that includes federally required information and any other information the department and Judicial Council consider appropriate.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Statewide Registry for Child Support [17390 - 17393] ( Article 4 added by Stats. 2016, Ch. 474, Sec. 13. ) ## 17392. (a) The Judicial Council shall develop any forms that may be necessary to implement the Statewide Child Support Registry. The forms may be in electronic form or in hardcopy, as appropriate. The forms shall be developed so as not to delay implementation, and shall be available no later than 30 days prior to the implementation, of the Statewide Child Support Registry. (b) The information transmitted from the clerks of the court to the Statewide Child Support Registry shall include all of the following: (1) Any information required under federal law. (2) Any other information the department and the Judicial Council find appropriate. (Added by Stats. 2016, Ch. 474, Sec. 13. (AB 2882) Effective January 1, 2017.)
  89. 17393.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Statewide Registry for Child Support [17390 - 17393] ( Article 4 added by Stats. 2016, Ch. 474, Sec. 13. )

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    The Judicial Council must develop the forms needed to carry out this article.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 1. Department of Child Support Services [17000 - 17393] ( Chapter 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Statewide Registry for Child Support [17390 - 17393] ( Article 4 added by Stats. 2016, Ch. 474, Sec. 13. ) ## 17393. The Judicial Council shall develop the forms necessary to implement this article. (Added by Stats. 2016, Ch. 474, Sec. 13. (AB 2882) Effective January 1, 2017.)
  90. 17400.5.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    If certain disability and SSI/SSP conditions are met, the local child support agency must file a support-modification motion within 30 days after verification and serve it on both parents/parties.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17400.5. If an obligor has an ongoing child support order being enforced by a local child support agency pursuant to Title IV-D of the Social Security Act and the obligor is disabled, meets the SSI resource test, and is receiving Supplemental Security Income/State Supplemental Payments (SSI/SSP) or, but for excess income as described in Section 416.1100 et seq. of Part 416 of Title 20 of the Code of Federal Regulations, would be eligible to receive as SSI/SSP, pursuant to Section 12200 of the Welfare and Institutions Code, and the obligor has supplied the local child support agency with proof of eligibility for, and, if applicable, receipt of, SSI/SSP or Social Security Disability Insurance benefits, then the local child support agency shall prepare and file a motion to modify the support obligation within 30 days of receipt of verification from the noncustodial parent or any other source of the receipt of SSI/SSP or Social Security Disability Insurance benefits. The local child support agency shall serve the motion on both the noncustodial parent and custodial person and any modification of the support order entered pursuant to the motion shall be effective as provided in Section 3653 of the Family Code. (Amended by Stats. 2019, Ch. 115, Sec. 145. (AB 1817) Effective January 1, 2020.)
  91. 17401.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    If a parent gives the local child support agency credible location information, the agency must start an establishment or enforcement action and, if needed, serve the defendant within 60 days and notify the parent in writing. If the information is inaccurate and the obligor still cannot be found after reasonable diligence, the agency must notify the obligee in writing.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17401. If the parent who is receiving support enforcement services provides to the local child support agency substantial, credible, information regarding the residence or work address of the support obligor, the agency shall initiate an establishment or enforcement action and serve the defendant, if service is required, within 60 days and inform the parent in writing when those actions have been taken. If the address or any other information provided by the support obligee is determined by the local child support agency to be inaccurate and if, after reasonable diligence, the agency is unable to locate and serve the support obligor within that 60-day period, the local child support agency shall inform the support obligee in writing of those facts. The requirements of this section shall be in addition to the time standards established by the Department of Child Support Services pursuant to subdivision (l) of Section 17400. (Amended by Stats. 2001, Ch. 755, Sec. 12. Effective October 12, 2001.)
  92. 17401.5.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Some child support notices and the required booklet must include information about child support service hearings, and the local child support agency must add that information to regularly issued notices in specified cases.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17401.5. (a) All of the following shall include notice of, and information about, the child support service hearings available pursuant to Section 17801, provided that there is federal financial participation available as set forth in subdivision (j) of Section 17801: (1) The booklet required by subdivision (a) of Section 17434. (2) Any notice required by subdivision (c) or (h) of Section 17406. (b) To the extent not otherwise required by law, the local child support agency shall provide notice of, and information about, the child support services hearings available pursuant to Section 17801 in any regularly issued notices to custodial and noncustodial parents subject to Section 17400, provided that there is federal financial participation available as set forth in subdivision (e) of Section 17801. Notice of and information about the child support service hearings and the child support complaint resolution process required under Section 17800 shall be easily accessible and shall be provided in a single section of the booklet. (Added by renumbering Section 17401 (as added by Stats. 1999, Ch. 803) by Stats. 2000, Ch. 808, Sec. 84. Effective September 28, 2000.)
  93. 17402.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    If a separated or deserted family receives aid, the noncustodial parent or parents must reimburse the county for the support amount set by a court order. The local child support agency must take action, and it may establish child support liability when another county provided public assistance.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17402. (a) In any case of separation or desertion of a parent or parents from a child or children that results in aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code being granted to that family, the noncustodial parent or parents shall be obligated to the county for an amount equal to the amount specified in an order for the support and maintenance of the family issued by a court of competent jurisdiction. (b) The local child support agency shall take appropriate action pursuant to this section as provided in subdivision (l) of Section 17400. The local child support agency may establish liability for child support as provided in subdivision (a) when public assistance was provided by another county or by other counties. (c) The amount of the obligation established for each parent with a liability under subdivision (a) shall be determined by using the appropriate child support guideline currently in effect and shall be computed as follows: (1) If one parent remains as a custodial parent, the support shall be computed according to the guideline. (2) If the parents reside together and neither father nor mother remains as a custodial parent, the guideline support shall be computed by combining the noncustodial parents’ incomes. The combined incomes shall be used as the high earner’s net monthly disposable income in the guideline formula. Income shall not be attributed to the caretaker or governmental agency. The amount of guideline support resulting shall be proportionately shared between the noncustodial parents based upon their net monthly disposable incomes. (3) If the parents reside apart and neither father nor mother remains as a custodial parent, the guideline support shall be computed separately for each parent by treating each parent as a noncustodial parent. Income shall not be attributed to the caretaker or government agency. (d) A parent shall pay the amount of support specified in the support order to the local child support agency. (Amended by Stats. 2004, Ch. 305, Sec. 5. Effective January 1, 2005.)
  94. 17402.1.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Local child support agencies must send certain child support payments to the department each month, and the department must issue implementing regulations.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17402.1. (a) Each local child support agency shall, on a monthly basis, remit to the department both the federal and state public assistance child support payments received pursuant to Section 17402. (b) The department shall promulgate regulations to implement this section. (Added by Stats. 2001, Ch. 111, Sec. 4. Effective July 30, 2001.)
  95. 17404.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    This section lets the local child support agency bring support cases in the county’s name and sets special court procedure rules for parentage and support actions.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17404. (a) Notwithstanding any other statute, in any action brought by the local child support agency for the support of a minor child or children, the action may be prosecuted in the name of the county on behalf of the child, children, or a parent of the child or children. The parent who has requested or is receiving support enforcement services of the local child support agency shall not be a necessary party to the action but may be subpoenaed as a witness. Except as provided in subdivision (e), in an action under this section there shall be no joinder of actions, or coordination of actions, or cross-complaints, and the issues shall be limited strictly to the question of parentage, if applicable, and child support, including an order for medical support. A final determination of parentage may be made in any action under this section as an incident to obtaining an order for support. An action for support or parentage pursuant to this section shall not be delayed or stayed because of the pendency of any other action between the parties. (b) (1) Judgment in an action brought pursuant to this section, and in an action brought pursuant to Section 17402, if at issue, may be rendered pursuant to a noticed motion, that shall inform the defendant that in order to exercise the right to trial, the defendant shall appear at the hearing on the motion. (2) If the defendant appears at the hearing on the motion, the court shall inquire of the defendant if the defendant desires to subpoena evidence and witnesses, if parentage is at issue and genetic tests have not already been conducted whether the defendant desires genetic tests, and if the defendant desires a trial. If the defendant’s answer is in the affirmative, a continuance shall be granted to allow the defendant to exercise those rights. A continuance shall not postpone the hearing to more than 90 days from the date of service of the motion. If a continuance is granted, the court may make an order for temporary support without prejudice to the right of the court to make an order for temporary support as otherwise allowed by law. (c) In any action to enforce a spousal support order the action may be pled in the name of the county in the same manner as an action to establish a child support obligation. The same restrictions on joinder of actions, coordination of actions, cross-complaints, and delay because of the pendency of any other action as relates to actions to establish a child support obligation shall also apply to actions to enforce a spousal support order. (d) This section does not prevent the parties from bringing an independent action under other provisions of this code and litigating the issues of support, custody, visitation, or protective orders. In that event, any support, custody, visitation, or protective order issued by the court in an action pursuant to this section shall be filed in the action commenced under the other provisions of this code and shall continue in effect until modified by a subsequent order of the court. To the extent that the orders conflict, the court order last issued shall supersede all other orders and be binding upon all parties in that action. (e) (1) After a support order, including a temporary support order and an order for medical support only, has been entered in an action brought pursuant to this section, the parent who has requested or is receiving support enforcement services of the local child support agency shall become a party to the action brought pursuant to this section, only in the manner and to the extent provided by this section, and only for the purposes allowed by this section. (2) Notice of the parent’s status as a party shall be given to the parent by the local child support agency in conjunction with the notice required by subdivision (e) of Section 17406. The complaint shall contain this notice. Service of the complaint on the parent in compliance with Section 1013 of the Code of Civil Procedure, or as otherwise provided by law, shall constitute compliance with this section. In all actions commenced under the procedures and forms in effect on or before December 31, 1996, the parent who has requested or is receiving support enforcement services of the local child support agency shall not become a party to the action until joined as a party pursuant to an ex parte application or noticed motion for joinder filed by the local child support agency or a noticed motion filed by either parent. The local child support agency shall serve a copy of any order for joinder of a parent obtained by the local child support agency’s application on both parents in compliance with Section 1013 of the Code of Civil Procedure. (3) Once both parents are parties to an action brought pursuant to this section in cases where Title IV-D services are currently being provided, the local child support agency shall be required, within five days of receipt, to mail the nonmoving party in the action all pleadings relating solely to the support issue in the action that have been served on the local child support agency by the moving party in the action, as provided in subdivision (f) of Section 17406. There shall be a rebuttable presumption that service on the local child support agency consistent with the provisions of this paragraph constitutes valid service on the nonmoving party. Where this procedure is used to effectuate service on the nonmoving party, the pleadings shall be served on the local child support agency not less than 30 days prior to the hearing. (4) The parent who has requested or is receiving support enforcement services of the local child support agency is a party to an action brought under this section for issues relating to the support, custody, and visitation of a child, and for restraining orders, and for no other purpose. The local child support agency shall not be required to serve or receive service of papers, pleadings, or documents, or participate in, or attend any hearing or proceeding relating to issues of custody or visitation, except as otherwise required by law. Orders concerning custody and visitation may be made in an action pursuant to this subdivision only if orders concerning custody and visitation have not been previously made by a court of competent jurisdiction in this state or another state and the court has jurisdiction and is the proper venue for custody and visitation determinations. All issues regarding custody and visitation shall be heard and resolved in the manner provided by this code. Except as otherwise provided by law, the local child support agency shall control support and parentage litigation brought pursuant to this section, and the manner, method, and procedures used in establishing parentage and in establishing and enforcing support obligations unless and until the parent who requested or is receiving support enforcement services has requested in writing that the local child support agency close the case and the case has been closed in accordance with state and federal regulation or policy. (f) (1) A parent who has requested or is receiving support enforcement services of the local child support agency may take independent action to modify a support order made pursuant to this section while support enforcement services are being provided by the local child support agency. The parent shall serve the local child support agency with notice of any action filed to modify the support order and provide the local child support agency with a copy of the modified order within 15 calendar days after the date the order is issued. (2) A parent who has requested or is receiving support enforcement services of the local child support agency may take independent action to enforce a support order made pursuant to this section while support enforcement services are being provided by the local child support agency with the written consent of the local child support agency. At least 30 days prior to filing an independent enforcement action, the parent shall provide the local child support agency with written notice of the parent’s intent to file an enforcement action that includes a description of the type of enforcement action the parent intends to file. Within 30 days of receiving the notice, the local child support agency shall either provide written consent for the parent to proceed with the independent enforcement action or notify the parent that the local child support agency objects to the parent filing the proposed independent enforcement action. The local child support agency may object only if the local child support agency is currently using an administrative or judicial method to enforce the support obligation or if the proposed independent enforcement action would interfere with an investigation being conducted by the local child support agency. If the local child support agency does not respond to the parent’s written notice within 30 days, the local child support agency shall be deemed to have given consent. (3) The court shall order that all payments of support shall be made to the local child support agency in any action filed under this section by the parent who has requested, or is receiving, support enforcement services of the local child support agency unless support enforcement services have been terminated by the local child support agency by case closure as provided by state and federal law. Any order obtained by a parent prior to support enforcement services being terminated in which the local child support agency did not receive proper notice pursuant to this section shall be voidable upon the motion of the local child support agency. (g) Any notice from the local child support agency requesting a meeting with the support obligor for any purpose authorized under this section shall contain a statement advising the support obligor of the right to have an attorney present at the meeting. (h) For the purpose of this section, “a parent who is receiving support enforcement services” includes a parent who has assigned their rights to support pursuant to Section 11477 of the Welfare and Institutions Code. (i) The Judicial Council shall develop forms to implement this section. (Amended by Stats. 2019, Ch. 115, Sec. 146. (AB 1817) Effective January 1, 2020.)
  96. 17404.2.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    This section requires courts or local child support agencies to transfer certain child support pleadings or orders to the proper court or state jurisdiction, and to notify listed parties when they do.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17404.2. (a) If, prior to filing, a petition or comparable pleading pursuant to Part 6 (commencing with Section 5700.101) of Division 9 is received by the local child support agency or the superior court and the county in which the pleadings are received is not the appropriate jurisdiction for trial of the action, the court or the local child support agency shall forward the pleadings and any accompanying documents to the appropriate court of this state or to the jurisdiction of another state without filing the pleadings or order of the court, and shall notify the petitioner, the California Central Registry, and the local child support agency of the receiving county where and when the pleading was sent. (b) If, after a petition or comparable pleading has been filed with the superior court of a county pursuant to Part 6 (commencing with Section 5700.101) of Division 9, it appears that the respondent is not or is no longer a resident of the county in which the action has been filed, upon ex parte application by the local child support agency or petitioner, the court shall transfer the action to the appropriate court of this state or to the appropriate jurisdiction of another state and shall notify the petitioner, the respondent, the California Central Registry, and the local child support agency of the receiving county where and when the pleading was sent. (c) If, after entry of an order by a court of this state or an order of another state registered in a court of this state for enforcement or modification pursuant to Part 6 (commencing with Section 5700.101) of Division 9, it appears that the respondent is not or is no longer a resident of the county in which the foreign order has been registered, upon ex parte application by the local child support agency of the transferring or receiving county or the petitioner, the court shall transfer the registered order and all documents subsequently filed in that action to the appropriate court of this state and shall notify the petitioner, the respondent, the California Central Registry, and the local child support agency of the transferring and receiving county where and when the registered order and all other appropriate documents were sent. Transfer of certified copies of documents shall meet the requirements of this section. (d) If, in an action initiated in a court of this state pursuant to Part 6 (commencing with Section 5700.101) of Division 9 or a predecessor law for interstate enforcement of support, the petitioner is no longer a resident of the county in which the action has been filed, upon ex parte application by the petitioner or the local child support agency, the court shall transfer the action to the appropriate court of this state and shall notify the responding jurisdiction where and when the action was transferred. (e) Notwithstanding subdivisions (b) and (c), if the respondent becomes a resident of another county or jurisdiction after an action or registered order has been filed pursuant to Part 6 (commencing with Section 5700.101) of Division 9, the action may remain in the county where the action was filed until the action is completed. (Added by Stats. 2015, Ch. 493, Sec. 9. (SB 646) Effective January 1, 2016.)
  97. 17404.3.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    In child support cases where the local child support agency is providing services, hearings by telephone, audiovisual means, or other electronic means are permitted.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17404.3. Hearings by telephone, audiovisual means, or other electronic means shall be permitted in child support cases in which the local child support agency is providing child support services. The Judicial Council shall adopt court rules implementing this provision and subdivision (f) of Section 5700.316 on or before July 1, 2016. (Added by Stats. 2015, Ch. 493, Sec. 10. (SB 646) Effective January 1, 2016.)
  98. 17404.4.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department or local child support agency must issue a notice changing the payee on a California support order when requested by another state’s support enforcement agency in the stated circumstances, and must file the notice with the court.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17404.4. In exercising the jurisdiction under Section 5700.319, either the department or the local child support agency shall issue a notice to change payee on a support order issued in this state, upon request from the support enforcement agency of another state where a custodial party has either assigned the right to receive support or has requested support enforcement services. Notice of the administrative change of payee shall be filed with the court in which the order was issued or last registered. (Amended by Stats. 2022, Ch. 420, Sec. 21. (AB 2960) Effective January 1, 2023.)
  99. 17405.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The local child support agency must interview the custodial parent within 10 business days after opening a child support case, ask for financial and other information about the noncustodial parent, act on that information immediately, and reinterview the custodial parent as needed.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17405. In carrying out duties under this article, the local child support agency shall interview the custodial parent within 10 business days of opening a child support case. This interview shall solicit financial and all other information about the noncustodial parent. This information shall be acted upon immediately. The local child support agency shall reinterview the custodial parent as needed. (Added by Stats. 1999, Ch. 652, Sec. 16. Effective January 1, 2000.)
  100. 17406.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The local child support agency or Attorney General must give several notices and copies in paternity or support cases, and must not treat their role as creating an attorney-client relationship.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17406. (a) In all actions involving paternity or support, including, but not limited to, other proceedings under this code, and under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, the local child support agency and the Attorney General represent the public interest in establishing, modifying, and enforcing support obligations. No attorney-client relationship shall be deemed to have been created between the local child support agency or Attorney General and any person by virtue of the action of the local child support agency or the Attorney General in carrying out these statutory duties. (b) Subdivision (a) is declaratory of existing law. (c) In all requests for services of the local child support agency or Attorney General pursuant to Section 17400 relating to actions involving paternity or support, not later than the same day an individual makes a request for these services in person, and not later than five working days after either (1) a case is referred for services from the county welfare department, (2) receipt of a request by mail for an application for services, or (3) an individual makes a request for services by telephone, the local child support agency or Attorney General shall give notice to the individual requesting services or on whose behalf services have been requested that the local child support agency or Attorney General does not represent the individual or the children who are the subject of the case, that no attorney-client relationship exists between the local child support agency or Attorney General and those persons, and that no such representation or relationship shall arise if the local child support agency or Attorney General provides the services requested. Notice shall be in bold print and in plain English and shall be translated into the language understandable by the recipient when reasonable. The notice shall include the advice that the absence of an attorney-client relationship means that communications from the recipient are not privileged and that the local child support agency or Attorney General may provide support enforcement services to the other parent in the future. (d) The local child support agency or Attorney General shall give the notice required pursuant to subdivision (c) to all recipients of services under Section 17400 who have not otherwise been provided that notice, not later than the date of the next annual notice required under Section 11476.2 of the Welfare and Institutions Code. This notice shall include notification to the recipient of services under Section 17400 that the recipient may inspect the clerk’s file at the office of the clerk of the court, and that, upon request, the local child support agency, or, if appropriate, the Attorney General, will furnish a copy of the most recent order entered in the case. (e) The local child support agency or, if appropriate, the Attorney General shall serve a copy of the complaint for paternity or support, or both, on recipients of support services under Section 17400, as specified in paragraph (2) of subdivision (e) of Section 17404. A notice shall accompany the complaint that informs the recipient that the local child support agency or Attorney General may enter into a stipulated order resolving the complaint, and that the recipient shall assist the prosecuting attorney, by sending all information on the noncustodial parent’s earnings and assets to the prosecuting attorney. (f) (1) (A) The local child support agency or Attorney General shall provide written notice to recipients of services under Section 17400 of the initial date and time, and purpose of every hearing in a civil action for paternity or support. (B) Once the parent who has requested or is receiving support enforcement services becomes a party to the action pursuant to subdivision (e) of Section 17404, in lieu of the above, the local child support agency or Attorney General shall serve on a parent all pleadings relating to paternity or support that have been served on the local child support agency by the other parent. The pleading shall be accompanied by a notice. (C) The notice provided subject to subparagraphs (A) and (B) shall include the following language: ## IMPORTANT NOTICE It may be important that you attend the hearing. The local child support agency does not represent you or your children. You may have information about the other parent, such as information about that parent’s income or assets that will not be presented to the court unless you attend the hearing. You have the right to attend the hearing and to be heard in court and tell the court what you think the court should do with the child support order. This hearing could change your rights or your children’s rights to support. (2) The notice shall state the purpose of the hearing or be attached to the motion or other pleading which caused the hearing to be scheduled. (3) The notice shall be provided separate from all other material and shall be in at least 14-point type. The failure of the local child support agency or Attorney General to provide the notice required pursuant to subparagraph (A) of paragraph (1) does not affect the validity of any order. (4) (A) The notice required pursuant to subparagraph (A) of paragraph (1) shall be provided not later than seven calendar days prior to the hearing, or, if the local child support agency or Attorney General receives notice of the hearing less than seven days prior to the hearing, within two days of the receipt by the local child support agency or Attorney General of the notice of the hearing. (B) Service of the notice and the pleadings required pursuant to subparagraph (B) of paragraph (1) shall be completed not later than five days after receipt of the pleadings served on the local child support agency by the parent. (5) The local child support agency or Attorney General shall, in order to implement this subdivision, make reasonable efforts to ensure that the local child support agency or Attorney General has current addresses for all parties to the child support action. (g) The local child support agency or Attorney General shall give notice to recipients of services under Section 17400 of every order obtained by the local child support agency or Attorney General that establishes or modifies the support obligation for the recipient or the children who are the subject of the order, by sending a copy of the order to the recipient. The notice shall be made within the time specified by federal law after the order has been filed. The local child support agency or Attorney General shall also give notice to these recipients of every order obtained in any other jurisdiction that establishes or modifies the support obligation for the recipient or the children who are the subject of the order, and which is received by the local child support agency or Attorney General, by sending a copy of the order to the recipient within the timeframe specified by federal law after the local child support agency or Attorney General has received a copy of the order. In any action enforced under Part 6 (commencing with Section 5700.101) of Division 9, the notice shall be made in compliance with the requirements of that chapter. The failure of the local child support agency or Attorney General to comply with this subdivision does not affect the validity of any order. (h) The local child support agency or Attorney General shall give notice to the noncustodial parent against whom a civil action is filed that the local child support agency or Attorney General is not the attorney representing any individual, including, but not limited to, the custodial parent, the child, or the noncustodial parent. (i) This section does not preclude a person who is receiving services under Section 17400 from filing and prosecuting an independent action to establish, modify, and enforce an order for current support on behalf of that person or a child if that person is not receiving public assistance. (j) A person who is receiving services under Section 17400 but who is not currently receiving public assistance on their own behalf or on behalf of a child shall be asked to execute, or consent to, any stipulation establishing or modifying a support order in any action in which that person is named as a party, before the stipulation is filed. The local child support agency or Attorney General may not submit to the court for approval a stipulation to establish or modify a support order in the action without first obtaining the signatures of all parties to the action, their attorneys of record, or persons authorized to act on their behalf. Any stipulation approved by the court in violation of this subdivision shall be void. (k) The local child support agency or Attorney General may not enter into a stipulation that reduces the amount of past due support, including interest and penalties accrued pursuant to an order of current support, on behalf of a person who is receiving support enforcement services under Section 17400 and who is owed support arrearages that exceed unreimbursed public assistance paid to the recipient of the support enforcement services, without first obtaining the consent of the person who is receiving services under Section 17400 on their own behalf or on behalf of the child. (l) The notices required in this section shall be provided in the following manner: (1) In all cases in which the person receiving services under Section 17400 resides in California, notice shall be provided by mailing the item by first-class mail to the last known address of, or personally delivering the item to, that person. (2) In all actions enforced under Part 6 (commencing with Section 5700.101) of Division 9, unless otherwise specified, notice shall be provided by mailing the item by first-class mail to the initiating court. (m) Notwithstanding any other provision of this section, the notices provided for pursuant to subdivisions (c) to (g), inclusive, are not required in foster care cases. (Amended by Stats. 2019, Ch. 115, Sec. 148. (AB 1817) Effective January 1, 2020.)
  101. 17407.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The Attorney General may appeal or defend certain support orders, and may authorize payment of appeal expenses from appropriated Attorney General funds.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17407. (a) If the Attorney General is of the opinion that a support order or support-related order is erroneous and presents a question of law warranting an appeal, or that an order is sound and should be defended on appeal, in the public interest the Attorney General may: (1) Perfect or oppose an appeal to the proper appellate court if the order was issued by a court of this state. (2) If the order was issued in another state, cause an appeal to be taken or opposed in the other state. (b) In either case, expenses of the appeal may be paid on order of the Attorney General from funds appropriated for the Office of the Attorney General. (Added by Stats. 1999, Ch. 652, Sec. 17. Effective January 1, 2000.)
  102. 17407.5.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Certain reciprocity declarations stay in force unless they are revoked, invalidated, or superseded.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17407.5. A declaration of state reciprocity issued by the Attorney General on or before December 31, 2015, and a declaration issued pursuant to subdivision (b) of Section 5700.308, shall remain in full force and effect unless one of the following occurs: (a) The declaration is revoked or declared invalid by the Attorney General, in consultation with the department, or by the other party to the reciprocity agreement. (b) The declaration is superseded by a subsequent federal bilateral agreement with the other party. (c) The declaration is superseded by the other party’s ratification of or accession to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. (Added by Stats. 2015, Ch. 493, Sec. 13. (SB 646) Effective January 1, 2016.)
  103. 17408.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    A superior court may combine certain child support files into one primary file, but only on motion by a local child support agency and subject to stated limits.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17408. (a) Notwithstanding Section 17404, upon noticed motion of the local child support agency, the superior court may consolidate or combine support or reimbursement arrearages owed by one obligor to one obligee in two or more court files into a single court file, or combine or consolidate two or more orders for current child support into a single court file. A motion to consolidate may be made by a local child support agency only if it is seeking to enforce the orders being consolidated. The motion shall be filed only in the court file the local child support agency is seeking to have designated as the primary file. (b) Orders may be consolidated regardless of the nature of the underlying action, whether initiated under the Welfare and Institutions Code, this code, or another law. Orders for support shall not be consolidated unless the children involved have the same mother and father and venue is proper pursuant to Section 17400. (c) Upon consolidation of orders, the court shall designate which court file the support orders are being consolidated into the primary file, and which court files are subordinate. Upon consolidation, the court shall order the local child support agency to file a notice in the subordinate court actions indicating the support orders in those actions were consolidated into the primary file. The notice shall state the date of the consolidation, the name of the court, and the primary file number. (d) Upon consolidation of orders, the superior court shall not issue further orders pertaining to support in a subordinate court file; and all enforcement and modification of support orders shall occur in the primary court action. (e) After consolidation of court orders, a single wage assignment for current support and arrearages may be issued when possible. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  104. 17410.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The local child support agency must give the mother and alleged father a chance to voluntarily acknowledge paternity, and it may also offer a stipulation for judgment of paternity.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17410. In any action filed by the local child support agency pursuant to Section 17402 or 17404, the local child support agency shall provide the mother and the alleged father the opportunity to voluntarily acknowledge paternity by signing a paternity declaration as described in Section 7574 prior to a hearing or trial where the paternity of a minor child is at issue. The opportunity to voluntarily acknowledge paternity may be provided either before or after an action pursuant to Section 17402 or 17404 is filed and served upon the alleged father. For the purpose of meeting the requirements of this section, the local child support agency may afford the defendant an opportunity to enter into a stipulation for judgment of paternity after an action for paternity has been filed in lieu of the voluntary declaration of paternity. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  105. 17412.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    A local child support agency may bring a child support action for a minor child or caretaker parent based on a voluntary declaration of parentage. The court must make support orders based on that declaration unless it has been rescinded or set aside, and the Judicial Council must develop needed forms and procedures.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17412. (a) Notwithstanding any other law, an action for child support may be brought by the local child support agency on behalf of a minor child or caretaker parent based upon a voluntary declaration of parentage as provided in Chapter 3 (commencing with Section 7570) of Part 2 of Division 12. (b) Except as provided in Sections 7580 and 7581, the voluntary declaration of parentage shall be given the same force and effect as a judgment for parentage entered by a court of competent jurisdiction. The court shall make appropriate orders for support of the minor child based upon the voluntary declaration of parentage unless evidence is presented that the voluntary declaration of parentage has been rescinded by the parties or set aside by a court as provided in Section 7575, 7576, or 7577. (c) The Judicial Council shall develop the forms and procedures necessary to implement this section. (d) This section shall become operative on January 1, 2020. (Repealed and added by Stats. 2018, Ch. 876, Sec. 65. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
  106. 17414.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    In a parentage case brought by the local child support agency, the court must enter judgment if the parties file a written stipulation that includes a written advisement and waiver of rights signed by the defendant.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17414. In any action or proceeding brought by the local child support agency to establish parentage pursuant to Section 17400, the court shall enter a judgment establishing parentage upon the filing of a written stipulation between the parties provided that the stipulation is accompanied by a written advisement and waiver of rights which is signed by the defendant. The written advisement and waiver of rights shall be developed by the Judicial Council. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  107. 17415.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    County welfare departments must refer certain support cases to the local child support agency right when an assistance application is signed, and local child support agencies must investigate and pursue support, with some exceptions.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17415. (a) It shall be the duty of the county welfare department to refer all cases in which a parent is absent from the home, or in which the parents are unmarried and parentage has not been established by the completion and filing of a voluntary declaration of paternity pursuant to Section 7573 or a court of competent jurisdiction, to the local child support agency immediately at the time the application for public assistance, including Medi-Cal benefits, or certificate of eligibility, is signed by the applicant or recipient, except as provided in Section 17552 and Sections 11477 and 11477.04 of the Welfare and Institutions Code. If an applicant is found to be ineligible, the applicant shall be notified in writing that the referral of the case to the local child support agency may be terminated at the applicant’s request. The county welfare department shall cooperate with the local child support agency and shall make available all pertinent information pursuant to Section 17505. (b) Upon referral from the county welfare department, the local child support agency shall investigate the question of nonsupport or paternity and shall take all steps necessary to obtain child support for the needy child, enforce spousal support as part of the state plan under Section 17604, and determine paternity in the case of a child born out of wedlock. Upon the advice of the county welfare department that a child is being considered for adoption, the local child support agency shall delay the investigation and other actions with respect to the case until advised that the adoption is no longer under consideration. The granting of public assistance or Medi-Cal benefits to an applicant shall not be delayed or contingent upon investigation by the local child support agency. (c) In cases where Medi-Cal benefits are the only assistance provided, the local child support agency shall provide child and spousal support services unless the recipient of the services notifies the local child support agency that only services related to securing health insurance benefits are requested. (d) Whenever a court order has been obtained, any contractual agreement for support between the local child support agency or the county welfare department and the noncustodial parent shall be deemed null and void to the extent that it is not consistent with the court order. (e) Whenever a family that has been receiving public assistance, including Medi-Cal, ceases to receive assistance, including Medi-Cal, the local child support agency shall, to the extent required by federal regulations, continue to enforce support payments from the noncustodial parent until the individual on whose behalf the enforcement efforts are made sends written notice to the local child support agency requesting that enforcement services be discontinued. (f) The local child support agency shall, when appropriate, utilize reciprocal arrangements adopted with other states in securing support from an absent parent. In individual cases where utilization of reciprocal arrangements has proven ineffective, the local child support agency may forward to the Attorney General a request to utilize federal courts in order to obtain or enforce orders for child or spousal support. If reasonable efforts to collect amounts assigned pursuant to Section 11477 of the Welfare and Institutions Code have failed, the local child support agency may request that the case be forwarded to the United States Treasury Department for collection in accordance with federal regulations. The Attorney General, when appropriate, shall forward these requests to the Secretary of Health and Human Services, or a designated representative. (Amended by Stats. 2014, Ch. 29, Sec. 1. (SB 855) Effective June 20, 2014.)
  108. 17416.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    This section lets a local child support agency make support agreements and seek judgment entry, but only under specified conditions.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17416. (a) When the local child support agency has undertaken enforcement of support, the local child support agency may enter into an agreement with the noncustodial parent, on behalf of a minor child or children, a spouse, or former spouse for the entry of a judgment without action determining paternity, if applicable, and for periodic child and spousal support payments based on the noncustodial parent’s reasonable ability to pay or, if for spousal support, an amount previously ordered by a court of competent jurisdiction. An agreement for entry of a judgment under this section may be executed prior to the birth of the child and may include a provision that the judgment is not to be entered until after the birth of the child. (b) A judgment based on the agreement shall be entered only if one of the following requirements is satisfied: (1) The noncustodial parent is represented by legal counsel and the attorney signs a certificate stating: “I have examined the proposed judgment and have advised my client concerning their rights in connection with this matter and the consequences of signing or not signing the agreement for the entry of the judgment and my client, after being so advised, has agreed to the entry of the judgment.” (2) A judge of the court in which the judgment is to be entered, after advising the noncustodial parent concerning their rights in connection with the matter and the consequences of agreeing or not agreeing to the entry of the judgment, makes a finding that the noncustodial parent has appeared before the judge and the judge has determined that under the circumstances of the particular case the noncustodial parent has willingly, knowingly, and intelligently waived due process rights in agreeing to the entry of the judgment. (c) The clerk shall file the agreement, together with any certificate of the attorney or finding of the court, without the payment of any fees or charges. If the requirements of this section are satisfied, the court shall enter judgment thereon without action. The provisions of Article 4 (commencing with Section 4200) of Chapter 2 of Part 2 of Division 9 or Chapter 4 (commencing with Section 4350) of Part 3 of Division 9 shall apply to the judgment. A judgment for support so entered may be enforced by any means by which any other judgment for support may be enforced. (d) Upon request of the local child support agency in any case under this section, the clerk shall set the matter for hearing by the court. The hearing shall be held within 10 days after the clerk receives the request. The local child support agency may require the person who signed the agreement for the entry of judgment to attend the hearing by process of subpoena in the same manner as the attendance of a witness in a civil action may be required. The presence of the person who signed the agreement for entry of judgment at the hearing shall constitute the presence of the person in court at the time the order is pronounced for the purposes of Section 1209.5 of the Code of Civil Procedure if the court makes the findings required by paragraph (2) of subdivision (b). (e) The local child support agency shall cause the following to be served, in the manner specified in Section 415.10, 415.20, 415.30, or 415.40 of the Code of Civil Procedure, upon the person who signed the agreement for entry of the judgment and shall file proof of service thereof with the court: (1) A copy of the judgment as entered. (2) If the judgment includes an order for child or spousal support payments, a notice stating the substance of the following: “The court has continuing authority to make an order increasing or decreasing the amount of the child or spousal support payments. You have the right to request that the court order the child and spousal support payments be decreased or eliminated entirely.” (f) An order for child and spousal support included in a judgment entered under this section may be modified or revoked as provided in Article 1 (commencing with Section 3650) of Chapter 6 of Part 1 of Division 9 and in (1) Article 1 (commencing with Section 4000) of Chapter 2 of Part 2 of Division 9 or (2) Chapter 2 (commencing with Section 4320) and Chapter 3 (commencing with Section 4330) of Part 3 of Division 9. The court may modify the order to make the support payments payable to a different person. (g) For the purposes of this section, in making a determination of the noncustodial parent’s reasonable ability to pay, any relevant circumstances set out in Section 4005 shall be considered. (h) After arrest and before plea or trial, or after conviction or plea of guilty, under Section 270 of the Penal Code, if the defendant appears before the court in which the criminal action is pending and the requirements of paragraph (1) or (2) of subdivision (b) have been satisfied, the court may suspend proceedings or sentence in the criminal action, but this does not limit the later institution of a civil or criminal action or limit the use of any other procedures available to enforce the judgment entered pursuant to this section. (i) Nothing in this section applies to a case where a civil action has been commenced. (Amended by Stats. 2019, Ch. 115, Sec. 149. (AB 1817) Effective January 1, 2020.)
  109. 17418.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    When enforcing this division, the local child support agency must ask both parents how many minor children they are legally required to support and must consider those children’s needs when calculating the support amount requested from the court.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17418. In enforcing the provisions of this division, the local child support agency shall inquire of both the custodial and noncustodial parent as to the number of minor children each is legally obligated to support. The local child support agency shall consider the needs of all of these children in computing the level of support requested to be ordered by the court. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  110. 17420.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    After judgment in a support-enforcement case, the court must issue an earnings assignment order for support.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17420. After judgment in any court action brought to enforce the support obligation of a noncustodial parent pursuant to the provisions of this division, the court shall issue an earnings assignment order for support pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  111. 17422.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The local child support agency must collect and share medical insurance information, coordinate with health services, and enforce health insurance orders when coverage lapses.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17422. (a) The state medical insurance form required in Article 1 (commencing with Section 3750) of Chapter 7 of Part 1 of Division 9 shall include, but shall not be limited to, all of the following: (1) The parent or parents’ names, addresses, and social security numbers. (2) The name and address of each parent’s place of employment. (3) The name or names, addresses, policy number or numbers, and coverage type of the medical insurance policy or policies of the parents, if any. (4) The name, CalWORKs case number, social security number, and Title IV-E foster care case number or Medi-Cal case numbers of the parents and children covered by the medical insurance policy or policies. (b) (1) In an action brought or enforcement proceeding instituted by the local child support agency under this division for payment of child or spousal support, a completed state medical insurance form shall be obtained and sent by the local child support agency to the State Department of Health Care Services in the manner prescribed by the State Department of Health Care Services. (2) Where it has been determined under Section 3751 that health insurance coverage is not available at no or reasonable cost, the local child support agency shall seek a provision in the support order that provides for health insurance coverage should it become available at no or reasonable cost. (3) Health insurance coverage shall be considered reasonable in cost if the cost to the responsible parent providing medical support does not exceed 5 percent of the parent’s gross income. In applying the 5 percent for the cost of health insurance, the cost is the difference between self-only and family coverage. If the obligor is entitled to a low-income adjustment as provided in paragraph (7) of subdivision (b) of Section 4055, health insurance shall not be enforced, unless the court determines that not requiring medical support would be unjust and inappropriate in the particular case. As used in this section, “health insurance coverage” also includes providing for the delivery of health care services by a fee for service, health maintenance organization, preferred provider organization, or any other type of health care delivery system under which medical services could be provided to the dependent child or children of an absent parent. (c) (1) The local child support agency shall request employers and other groups offering health insurance coverage that is being enforced under this division to notify the local child support agency if there has been a lapse in insurance coverage. The local child support agency shall be responsible for forwarding information pertaining to the health insurance policy secured for the dependent children for whom the local child support agency is enforcing the court-ordered medical support to the custodial parent. (2) The local child support agency shall periodically communicate with the State Department of Health Care Services to determine if there have been lapses in health insurance coverage for public assistance applicants and recipients. The State Department of Health Care Services shall notify the local child support agency when there has been a lapse in court-ordered insurance coverage. (3) The local child support agency shall take appropriate action, civil or criminal, to enforce the obligation to obtain health insurance when there has been a lapse in insurance coverage or failure by the responsible parent to obtain insurance as ordered by the court. (4) The local child support agency shall inform all individuals upon their application for child support enforcement services that medical support enforcement services are available. (Amended by Stats. 2019, Ch. 115, Sec. 150. (AB 1817) Effective January 1, 2020.)
  112. 17424.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    A parent served with a medical insurance form must complete and return it to the local child support agency within 20 calendar days. The local child support agency must then send the completed form to the department in the manner the department prescribes.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17424. (a) A parent who has been served with a medical insurance form shall complete and return the form to the local child support agency’s office within 20 calendar days of the date the form was served. (b) The local child support agency shall send the completed medical insurance form to the department in the manner prescribed by the department. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  113. 17428.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    A supplemental complaint may be filed in certain child support actions to seek a paternity or support judgment, and the resulting supplemental judgment may include child support orders when requested and appropriate.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17428. In any action or judgment brought or obtained pursuant to Section 17400, 17402, 17404, or 17416, a supplemental complaint may be filed, pursuant to Section 464 of the Code of Civil Procedure and Section 2330.1, either before or after a final judgment, seeking a judgment or order of paternity or support for a child of the mother and father of the child whose paternity and support are already in issue before the court. A supplemental judgment entered in the proceedings shall include, when appropriate and requested in the supplemental complaint, an order establishing or modifying support for all children named in the original or supplemental actions in conformity with the statewide uniform guideline for child support. A supplemental complaint for paternity or support of children may be filed without leave of court either before or after final judgment in the underlying action. Service of the supplemental summons and complaint shall be made in the manner provided for the initial service of a summons by the Code of Civil Procedure. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  114. 17432.5.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The Judicial Council must adopt and approve any forms needed to implement specified child support sections by September 1, 2024.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17432.5. No later than September 1, 2024, the Judicial Council shall adopt and approve any forms necessary to implement Sections 17400, 17404.1, 17430, and 17432 as added by the act that added this section. Forms adopted pursuant to this section shall have an effective date of January 1, 2026. (Added by Stats. 2023, Ch. 213, Sec. 22. (SB 343) Effective January 1, 2024.)
  115. 17433.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    If a support judgment or order was entered after the defendant’s default, the court must relieve the defendant if the defendant shows they were mistakenly identified as the support obligor.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17433. In an action in which a judgment or order for support was entered after the entry of the default of the defendant under Section 17430, the court shall relieve the defendant from that judgment or order if the defendant establishes that the defendant was mistakenly identified in the order or in any subsequent documents or proceedings as the person having an obligation to provide support. The defendant shall also be entitled to the remedies specified in subdivisions (d) and (e) of Section 17530 with respect to any actions taken to enforce that judgment or order. This section is only intended to apply where an order has been entered against a person who is not the support obligor named in the judgment or order. (Amended by Stats. 2019, Ch. 115, Sec. 152. (AB 1817) Effective January 1, 2020.)
  116. 17433.5.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    In actions enforced under this article, no interest accrues on current child, spousal, family, or medical support due for a month until the first day of the next month.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17433.5. In any action enforced pursuant to this article, no interest shall accrue on an obligation for current child, spousal, family, or medical support due in a given month until the first day of the following month. (Added by Stats. 2006, Ch. 75, Sec. 7. Effective July 12, 2006.)
  117. 17434.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must publish and distribute a child-and-spousal-support booklet, keep hotline referral information, and ensure hotline staff give referrals only, not legal advice.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17434. (a) The department shall publish a booklet describing the proper procedures and processes for the collection and payment of child and spousal support. The booklet shall be written in language understandable to the lay person and shall direct the reader to obtain the assistance of the local child support agency, the family law facilitator, or legal counsel where appropriate. The department may contract on a competitive basis with an organization or individual to write the booklet. (b) The department shall have primary responsibility for the design and development of the contents of the booklet. The department shall solicit comment regarding the content of the booklet from the Director of the Administrative Office of the Courts. The department shall verify the appropriateness and accuracy of the contents of the booklet with at least one representative of each of the following organizations: (1) A local child support agency. (2) The State Attorney General’s office. (3) A community organization that advocates for the rights of custodial parents. (4) A community organization that advocates for the rights of supporting parents. (c) Upon receipt of booklets on support collection, each county welfare department shall provide a copy to each head of household whose application for public assistance under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code has been approved and for whom support rights have been assigned pursuant to Section 11477 of the Welfare and Institutions Code. The department shall provide copies of the booklet to local child support agencies for distribution, and to any person upon request. The department shall also distribute the booklets to all superior courts. Upon receipt of those booklets, each clerk of the court shall provide two copies of the booklet to the petitioner or plaintiff in any action involving the support of a minor child. The moving party shall serve a copy of the booklet on the responding party. (d) The department shall expand the information provided under its toll-free information hotline in response to inquiries regarding the process and procedures for collection and payment of child and spousal support. This toll-free number shall be advertised as providing information on child and spousal support. The hotline personnel shall not provide legal consultation or advice, but shall provide only referral services. (e) The department shall maintain a file of referral sources to provide callers to the telephone hotline with the following information specific to the county in which the caller resides: (1) The location and telephone number of the local child support agency, the county welfare office, the family law facilitator, and any other government agency that handles child and spousal support matters. (2) The telephone number of the local bar association for referral to attorneys in family law practice. (3) The name and telephone number of at least one organization that advocates the payment of child and spousal support or the name and telephone number of at least one organization that advocates the rights of supporting parents, if these organizations exist in the county. (Amended by Stats. 2016, Ch. 474, Sec. 15. (AB 2882) Effective January 1, 2017.)
  118. 17440.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must work with military branches and the National Guard to share information about activated service members’ child support modification and arrears-compromise options, create a form within 90 days, and help distribute the form. Local child support agencies must file a modification motion within five business days after receiving a properly completed form.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1. Support Obligations [17400 - 17440] ( Article 1 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17440. (a) The Department of Child Support Services shall work with all branches of the United States military and the National Guard to ensure that information is made available regarding the rights and abilities of activated service members to have their support orders modified based on a change in income resulting from their activation, or other change of circumstance affecting the child support calculation, or to have a portion of their child support arrearages compromised pursuant to Section 17560. (b) No later than 90 days after the effective date of this section, the department shall develop a form for completion by the service member that will allow the local child support agency to proceed with a motion for modification without the service member being required to appear. The form shall contain only the information necessary for the local child support agency to proceed with the motion. (c) Within five business days of receipt of a properly completed form, the local child support agency shall bring a motion to modify the support order. The local child support agency shall bring the motion if the change in circumstances would result in any change in the dollar amount of the support order. (d) The department shall work with the United States military to have this form and the form developed pursuant to Section 3651 distributed at all mobilization stations or other appropriate locations to ensure timely notification to all activated personnel of their rights and responsibilities. (Added by Stats. 2005, Ch. 154, Sec. 4. Effective August 30, 2005.)
  119. 17450.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match [17450 - 17460] ( Article 1.5 added by Stats. 2004, Ch. 806, Sec. 6. )

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    This section defines “child support delinquency” and “earnings,” requires the department to collect submitted delinquencies and set up a recall process, and limits collection in certain disabled-obligor cases.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match [17450 - 17460] ( Article 1.5 added by Stats. 2004, Ch. 806, Sec. 6. ) ## 17450. (a) For purposes of this article: (1) “Child support delinquency” means a delinquency defined in subdivision (c) of Section 17500. (2) “Earnings” shall include the items described in Section 5206. (b) (1) When a delinquency is submitted to the department pursuant to subdivision (c) of Section 17500, the amount of the child support delinquency shall be collected by the department in any manner authorized under state or federal law. (2) Any compensation, fee, commission, expense, or other fee for service incurred by the department in the collection of a child support delinquency authorized under this article shall not be an obligation of, or collected from, the obligated parent. (c) (1) The department may return or allow a local child support agency to retain a child support delinquency for a specified purpose for collection where the department determines that the return or retention of the delinquency for the purpose so specified will enhance the collectibility of the delinquency. The department shall establish a process whereby a local child support agency may request and shall be allowed to withdraw, rescind, or otherwise recall the submittal of an account that has been submitted. (2) If an obligor is disabled, meets the federal Supplemental Security Income resource test, and is receiving Supplemental Security Income/State Supplementary Payments (SSI/SSP), or, but for excess income as described in Section 416.1100 and following of Part 416 of Title 20 of the Code of Federal Regulations, would be eligible to receive as SSI/SSP, pursuant to Section 12200 of the Welfare and Institutions Code, and the obligor has supplied the local child support agency with proof of eligibility for, and, if applicable, receipt of, SSI/SSP or Social Security Disability Insurance benefits, then the child support delinquency shall not be referred to the department for collection, and, if referred, shall be withdrawn, rescinded, or otherwise recalled from the department by the local child support agency. The department shall not take any collection action, or if the local child support agency has already taken collection action, shall cease collection actions in the case of a disabled obligor when the delinquency is withdrawn, rescinded, or otherwise recalled by the local child support agency in accordance with the process established as described in paragraph (1). (d) It is the intent of the Legislature that when the California Child Support Enforcement System (CSE) is fully operational, any statutes that should be modified based upon the status of the system shall be revised. During the development and implementation of CSE, the department, as the Title IV-D agency, may, through appropriate interagency agreement, delegate any and all of the functions or procedures specified in this article to the Franchise Tax Board. The Franchise Tax Board shall perform those functions or procedures as specified in Sections 19271 to 19275, inclusive, of the Revenue and Taxation Code until the director, by letter to the executive officer of the Franchise Tax Board, revokes the delegation of Title IV-D functions. Sections 19271 to 19275, inclusive, of the Revenue and Taxation Code shall be effective for these purposes until the revocation of delegation to the Franchise Tax Board. (e) Consistent with the development and implementation of the California Child Support Enforcement System, the Franchise Tax Board and the department shall enter into a letter of agreement and an interagency agreement whereby the department shall assume responsibility for collection of child support delinquencies and the Financial Institution Data Match System as set forth in this article. The letter of agreement and interagency agreement shall, at a minimum, set forth all of the following: (1) Contingent upon the enactment of the Budget Act, and staffing authorization from the Department of Finance and the Department of Human Resources, the department shall assume responsibility for leadership and staffing of the collection of child support delinquencies and the Financial Institution Data Match System. (2) All employees and other personnel who staff or provide support for the collection of child support delinquencies and the Financial Institution Data Match System at the Franchise Tax Board shall become the employees of the department at their existing or equivalent classification, salaries, and benefits. (3) Any other provisions necessary to ensure continuity of function and meet or exceed existing levels of service, including, but not limited to, agreements for continued use of automated systems used by the Franchise Tax Board to locate child support obligors and their assets. (Amended by Stats. 2019, Ch. 115, Sec. 153. (AB 1817) Effective January 1, 2020.)
  120. 17452.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match [17450 - 17460] ( Article 1.5 added by Stats. 2004, Ch. 806, Sec. 6. )

    Verify source ↗

    The Franchise Tax Board must provide tax return information to the department on request, subject to privacy and information security laws, for child support collection.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match [17450 - 17460] ( Article 1.5 added by Stats. 2004, Ch. 806, Sec. 6. ) ## 17452. (a) Subject to state and federal privacy and information security laws, the Franchise Tax Board shall make tax return information available to the department, upon request, for the purpose of collecting child support delinquencies referred to the department. (b) For purposes of this article, the Franchise Tax Board shall incur no obligation or liability to any person arising from any of the following: (1) Furnishing information to the department as required by this section. (2) Failing to disclose to a taxpayer or accountholder that the name, address, social security number, or other taxpayer identification number or other identifying information of that person was included in the data exchange with the department required by this section. (3) Any other action taken in good faith to comply with the requirements of this section. (c) It is the intent of the Legislature that any provision of income tax return information by the Franchise Tax Board to the department pursuant to this article shall be done in accordance with the privacy and confidential information laws of this state and of the United States, and to the satisfaction of the Franchise Tax Board. (Added by Stats. 2004, Ch. 806, Sec. 6. Effective January 1, 2005.)
  121. 17453.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match [17450 - 17460] ( Article 1.5 added by Stats. 2004, Ch. 806, Sec. 6. )

    Verify source ↗

    The department must run a financial institution data match system, and financial institutions and counties have reporting, withholding, and confidentiality duties tied to past-due child support.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match [17450 - 17460] ( Article 1.5 added by Stats. 2004, Ch. 806, Sec. 6. ) ## 17453. (a) The department, in coordination with financial institutions doing business in this state, shall operate a Financial Institution Data Match System utilizing automated data exchanges to the maximum extent feasible. The Financial Institution Data Match System shall be implemented and maintained pursuant to guidelines prescribed by the department. These guidelines shall include a structure by which financial institutions, or their designated data-processing agents, shall receive from the department the file or files of past-due support obligors compiled in accordance with subdivision (c), so that the institution shall match with its own list of accountholders to identify past-due support obligor accountholders at the institution. To the extent allowed by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193), the guidelines shall include an option by which financial institutions without the technical ability to process the data exchange, or without the ability to employ a third-party data processor to process the data exchange, may forward to the department a list of all accountholders and their social security numbers, so that the department shall match that list with the file or files of past-due support obligors compiled in accordance with subdivision (c). (b) The Financial Institution Data Match System shall not be subject to any limitation set forth in Chapter 20 (commencing with Section 7460) of Division 7 of Title 1 of the Government Code. However, any use of the information provided pursuant to this section for any purpose other than the enforcement and collection of a child support delinquency, as set forth in Section 17450, shall be a violation of Section 17212. (c) (1) Until implementation of the California Child Support Automation System, each county shall compile a file of support obligors with judgments and orders that are being enforced by local child support agencies pursuant to Section 17400, and who are past due in the payment of their support obligations. The file shall be compiled, updated, and forwarded to the department, in accordance with the guidelines prescribed by the department. (2) The department shall compile a file of obligors with support arrearages from requests made by other states for administrative enforcement in interstate cases, in accordance with federal requirements pursuant to paragraph 14 of subsection (a) of Section 666 of Title 42 of the United States Code. The file shall include, to the extent possible, the obligor’s address. (d) To effectuate the Financial Institution Data Match System, financial institutions subject to this section shall do all of the following: (1) Provide to the department on a quarterly basis, the name, record address and other addresses, social security number or other taxpayer identification number, and other identifying information for each noncustodial parent who maintains an account at the institution and who owes past-due support, as identified by the department by name and social security number or other taxpayer identification number. (2) Except as provided in subdivision (j), in response to a notice or order to withhold issued by the department, withhold from any accounts of the obligor the amount of any past-due support stated on the notice or order and transmit the amount to the department in accordance with Section 17454. (e) Unless otherwise required by applicable law, a financial institution furnishing a report or providing information to the department pursuant to this section shall not disclose to a depositor, accountholder, codepositor, or coaccountholder, that the name, address, social security number, or other taxpayer identification number or other identifying information of that person has been received from, or furnished to, the department. (f) A financial institution shall incur no obligation or liability to any person arising from any of the following: (1) Furnishing information to the department as required by this section. (2) Failing to disclose to a depositor, accountholder, codepositor, or coaccountholder, that the name, address, social security number, or other taxpayer identification number or other identifying information of that person was included in the data exchange with the department required by this section. (3) Withholding or transmitting any assets in response to a notice or order to withhold issued by the department as a result of the data exchange. This paragraph shall not preclude any liability that may result if the financial institution does not comply with subdivision (b) of Section 17456. (4) Any other action taken in good faith to comply with the requirements of this section. (g) (1) With respect to files compiled under paragraph (1) of subdivision (c), the department shall forward to the counties, in accordance with guidelines prescribed by the department, information obtained from the financial institutions pursuant to this section. No county shall use this information for directly levying on any account. Each county shall keep the information confidential as provided by Section 17212. (2) With respect to files compiled under paragraph (2) of subdivision (c), the amount collected by the department shall be deposited and distributed to the referring state in accordance with Section 17458. (h) For those noncustodial parents owing past-due support for which there is a match under paragraph (1) of subdivision (d), the amount past due as indicated on the file or files compiled pursuant to subdivision (c) at the time of the match shall be a delinquency under this article for the purposes of the department taking any collection action pursuant to Section 17454. (i) A child support delinquency need not be referred to the department for collection if a jurisdiction outside this state is enforcing the support order. (j) (1) Each county shall notify the department upon the occurrence of the circumstances described in the following subparagraphs with respect to an obligor of past-due support: (A) A court has ordered an obligor to make scheduled payments on a child support arrearages obligation and the obligor is in compliance with that order. (B) An earnings assignment order or an order/notice to withhold income that includes an amount for past-due support has been served on the obligated parent’s employer and earnings are being withheld pursuant to the earnings assignment order or an order/notice to withhold income. (C) At least 50 percent of the obligated parent’s earnings are being withheld for support. (2) Notwithstanding Section 704.070 of the Code of Civil Procedure, if any of the conditions set forth in paragraph (1) exist, the assets of an obligor held by a financial institution are subject to levy as provided by paragraph (2) of subdivision (d). However, the first three thousand five hundred dollars ($3,500) of an obligor’s assets are exempt from collection under this subdivision without the obligor having to file a claim of exemption. (3) If any of the conditions set forth in paragraph (1) exist, an obligor may apply for a claim of exemption pursuant to Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure for an amount that is less than or equal to the total amount levied. The sole basis for a claim of exemption under this subdivision shall be the financial hardship for the obligor and the obligor’s dependents. (4) For the purposes of a claim of exemption made pursuant to paragraph (3), Section 688.030 of the Code of Civil Procedure shall not apply. (5) For claims of exemption made pursuant to paragraph (3), the local child support agency responsible for enforcement of the obligor’s child support order shall be the levying officer for the purpose of compliance with the provisions set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure except for the release of property required by subdivision (e) of Section 703.580 of the Code of Civil Procedure. (6) The local child support agency shall notify the department within two business days of the receipt of a claim of exemption from an obligor. The department shall direct the financial institution subject to the order to withhold to hold any funds subject to the order pending notification by the department to remit or release the amounts held. (7) The superior court in the county in which the local child support agency enforcing the support obligation is located shall have jurisdiction to determine the amount of exemption to be allowed. The court shall consider the needs of the obligor, the obligee, and all persons the obligor is required to support, and all other relevant circumstances in determining whether to allow any exemption pursuant to this subdivision. The court shall give effect to its determination by an order specifying the extent to which the amount levied is exempt. (8) Within two business days of receipt of an endorsed copy of a court order issued pursuant to subdivision (e) of Section 703.580 of the Code of Civil Procedure, the local child support agency shall provide the department with a copy of the order. The department shall instruct the financial institution to remit or release the obligor’s funds in accordance with the court’s order. (k) Out of any money received from the federal government for the purpose of reimbursing financial institutions for their actual and reasonable costs incurred in complying with this section, the state shall reimburse those institutions. To the extent that money is not provided by the federal government for that purpose, the state shall not reimburse financial institutions for their costs in complying with this section. (l) For purposes of this section: (1) “Account” means any demand deposit account, share or share draft account, checking or negotiable withdrawal order account, savings account, time deposit account, or a money market mutual fund account, whether or not the account bears interest. (2) “Financial institution” has the same meaning as defined in paragraph (1) of subsection (d) of Section 669A of Title 42 of the United States Code. (Added by Stats. 2004, Ch. 806, Sec. 6. Effective January 1, 2005.)
  122. 17454.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match [17450 - 17460] ( Article 1.5 added by Stats. 2004, Ch. 806, Sec. 6. )

    Verify source ↗

    The department must request a depository institution’s designated notice address before sending withholding notices, and later use that address unless the institution gives a new one.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match [17450 - 17460] ( Article 1.5 added by Stats. 2004, Ch. 806, Sec. 6. ) ## 17454. (a) At least 45 days before sending a notice to withhold, the department shall request that a depository institution provide the department with a designated address for receiving notices to withhold. (b) Once the depository institution has specified a designated address pursuant to subdivision (a), the department shall send all notices to that address unless the depository institution provides notification of another address. The department shall send all notices to withhold to a new designated address 30 days after notification. (c) If a notice to withhold is mailed to the branch where the account is located or principal banking office, the depository institution shall be liable for a failure to withhold only to the extent that the accounts can be identified in information normally maintained at that location in the ordinary course of business. (d) The department may by notice, served by magnetic media, electronic transmission, or other electronic technology, require any depository institution, as defined in the Federal Reserve Act (12 U.S.C.A. Sec. 461 (b)(1)(A)), that the department, in its sole discretion, has reason to believe may have in its possession, or under its control, any credits or other personal property or other things of value, belonging to a child support obligor, to withhold, from the credits or other personal property or other things of value, the amount of any child support delinquency, and interest, due from an obligor and transmit that amount withheld to the department at the times that it may designate, but not less than 10 business days from receipt of the notice. The notice shall state the amount due from the obligor and shall be delivered or transmitted to the branch or office reported pursuant to subdivision (a), or other address designated by that depository institution for purposes of the department serving notice by magnetic media, electronic transmission, or other electronic technology. (e) For purposes of this section, the term “address” shall include telephone or modem number, facsimile number, or any other number designated by the depository institution to receive data by electronic means. (Added by Stats. 2004, Ch. 806, Sec. 6. Effective January 1, 2005.)
  123. 17456.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match [17450 - 17460] ( Article 1.5 added by Stats. 2004, Ch. 806, Sec. 6. )

    Verify source ↗

    People who must withhold and send amounts under this article must comply, and depository institutions must mail notice details to affected account holders. Institutions may also charge a reasonable service fee up to $3.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match [17450 - 17460] ( Article 1.5 added by Stats. 2004, Ch. 806, Sec. 6. ) ## 17456. (a) Any person required to withhold and transmit any amount pursuant to this article shall comply with the requirement without resort to any legal or equitable action in a court of law or equity. Any person paying to the department any amount required by it to be withheld is not liable therefore to the person from whom withheld unless the amount withheld is refunded to the withholding agent. However, if a depository institution, as defined in the Federal Reserve Act (12 U.S.C.A. Sec. 461(b)(1)(A)) withholds and pays to the department pursuant to this article any moneys held in a deposit account in which the delinquent obligor and another person or persons have an interest, or in an account held in the name of a third party or parties in which the delinquent obligor is ultimately determined to have no interest, the depository institution paying those moneys to the department is not liable therefore to any of the persons who have an interest in the account, unless the amount withheld is refunded to the withholding agent. (b) In the case of a deposit account or accounts for which this notice to withhold applies, the depository institution shall send a notice by first-class mail to each person named on the account or accounts included in the notice from the department, provided that a current address for each person is available to the institution. This notice shall inform each person as to the reason for the hold placed on the account or accounts, the amount subject to being withheld, and the date by which this amount is to be remitted to the department. An institution may assess the account or accounts of each person receiving this notice a reasonable service charge not to exceed three dollars ($3). (Added by Stats. 2004, Ch. 806, Sec. 6. Effective January 1, 2005.)
  124. 17460.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match [17450 - 17460] ( Article 1.5 added by Stats. 2004, Ch. 806, Sec. 6. )

    Verify source ↗

    The department must seek agreements to help collect child support from out-of-state obligated parents, may pursue IRS agreements if federal law allows, and must make interagency arrangements and reimburse or fund state departments and boards when required.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match [17450 - 17460] ( Article 1.5 added by Stats. 2004, Ch. 806, Sec. 6. ) ## 17460. (a) As necessary, the department shall seek reciprocal agreements with other states to improve its ability to collect child support payments from out-of-state obligated parents on behalf of custodial parents residing in California. The department may pursue agreements with the Internal Revenue Service, as permitted by federal law, to improve collections of child support delinquencies from out-of-state obligated parents through cooperative agreements with the service. (b) The California Child Support Enforcement System shall, for purposes of this article, include the capacity to interface and exchange information, if feasible, with the Internal Revenue Service, to enable the immediate reporting and tracking of obligated parent information. (c) The department shall enter into any interagency agreements that are necessary for the implementation of this article. State departments and boards shall cooperate with the department to the extent necessary for the implementation of this article. Out of any money received from the federal government for the purpose of reimbursing state departments and boards for their actual and reasonable costs incurred in complying with this section, the department shall reimburse those departments and boards. To the extent that money is not provided by the federal government for that purpose, and subject to the annual Budget Act, the state shall fund departments and boards for their costs in complying with this section. (Amended by Stats. 2016, Ch. 474, Sec. 18. (AB 2882) Effective January 1, 2017.)
  125. 175.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. Indian Children [170 - 185] ( Part 3 added by Stats. 2006, Ch. 838, Sec. 1. )

    Verify source ↗

    In Indian child custody proceedings, the court must follow the findings in this section, apply the Indian Child Welfare Act, and protect the child’s best interests.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. Indian Children [170 - 185] ( Part 3 added by Stats. 2006, Ch. 838, Sec. 1. ) ## 175. (a) The Legislature finds and declares the following: (1) There is no resource that is more vital to the continued existence and integrity of recognized Indian tribes than their children, and the State of California has an interest in protecting Indian children who are members of, or are eligible for membership in, an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and other applicable law, designed to prevent the child’s involuntary out-of-home placement and, whenever the placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the child’s tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the child’s tribe and tribal community. (2) It is in the interest of an Indian child that the child’s membership in the child’s Indian tribe and connection to the tribal community be encouraged and protected, regardless of any of the following: (A) Whether the child is in the physical custody of an Indian parent or Indian custodian at the commencement of a child custody proceeding. (B) Whether the parental rights of the child’s parents have been terminated. (C) Where the child has resided or been domiciled. (b) In all Indian child custody proceedings the court shall consider all of the findings contained in subdivision (a), strive to promote the stability and security of Indian tribes and families, comply with the federal Indian Child Welfare Act, and seek to protect the best interest of the child. Whenever an Indian child is removed from a foster care home or institution, guardianship, or adoptive placement for the purpose of further foster care, guardianship, or adoptive placement, placement of the child shall be in accordance with the Indian Child Welfare Act. (c) A determination by an Indian tribe that an unmarried person, who is under the age of 18 years, is either (1) a member of an Indian tribe or (2) eligible for membership in an Indian tribe and a biological child of a member of an Indian tribe shall constitute a significant political affiliation with the tribe and shall require the application of the federal Indian Child Welfare Act to the proceedings. (d) In any case in which this code or other applicable state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child, or the Indian child’s tribe, than the rights provided under the Indian Child Welfare Act, the court shall apply the higher standard. (e) Any Indian child, the Indian child’s tribe, or the parent or Indian custodian from whose custody the child has been removed, may petition the court to invalidate an action in an Indian child custody proceeding for foster care, guardianship placement, or termination of parental rights if the action violated Sections 1911, 1912, and 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). Nothing in this section is intended to prohibit, restrict, or otherwise limit any rights under Section 1914 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (Added by Stats. 2006, Ch. 838, Sec. 1. Effective January 1, 2007.)
  126. 17500.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The department and local child support agency must collect and enforce child support, and the local agency must submit child support delinquencies to the department unless Section 17450 applies.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations. (b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.). (c) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, “child support delinquency” means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100). (d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency. (Amended by Stats. 2004, Ch. 806, Sec. 4. Effective January 1, 2005.)
  127. 17502.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    A local child support agency must try to find the obligee for six months, and if it still cannot locate the obligee, it must return the undeliverable payments to the obligor with written notice.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17502. A local child support agency that is collecting child support payments on behalf of a child and who is unable to deliver the payments to the obligee because the local child support agency is unable to locate the obligee shall make all reasonable efforts to locate the obligee for a period of six months. If the local child support agency is unable to locate the obligee within the six-month period, it shall return the undeliverable payments to the obligor, with written notice advising the obligor that (a) the return of the funds does not relieve the obligor of the support order, and (b) the obligor should consider placing the funds aside for purposes of child support in case the obligee appears and seeks collection of the undistributed amounts. No interest shall accrue on any past-due child support amount for which the obligor made payment to the local child support agency for six consecutive months, or on any amounts due thereafter until the obligee is located, provided that the local child support agency returned the funds to the obligor because the local child support agency was unable to locate the obligee and, when the obligee was located, the obligor made full payment for all past-due child support amounts. (Amended by Stats. 2004, Ch. 806, Sec. 5. Effective January 1, 2005.)
  128. 17504.2.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    County child support agencies must ensure passthrough payments reach former aid recipients, and the state child support department must give notices and report claim information.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17504.2. (a) (1) Any amount of support collected in a month in payment of an assigned support obligation shall be passed through to a former recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. (2) The local child support agency in each county shall ensure that payments are made to former recipients of aid when required by this section. (3) The Department of Child Support Services and the local child support agencies shall provide written or electronic informational materials, which shall be developed by the Department of Child Support Services in collaboration with the Department of Social Services, to child support case participants, who are former recipients of aid, to notify them of the potential impacts of passthrough collections pursuant to this section on eligibility for public benefit programs. (b) Notwithstanding Section 17502 of the Family Code, any passthrough payments under this section that cannot be delivered to a former recipient of aid pursuant to paragraph (2) of subdivision (a) for a period of six months shall not be returned to the obligor and shall be sent to recoup aid paid on behalf of the recipient pursuant to Section 11477 of the Welfare and Institutions Code. If the former recipient of aid makes a claim for the passthrough payment within 12 months of the payment being sent to recoupment, the payment shall be removed from recoupment and sent to the former recipient of aid. The Department of Child Support Services shall monitor the number of claims made after payments are sent for recoupment. The department shall provide that information to the Legislature no later than April 1, 2025, or two years and three months after the operative date of this section as established by subdivision (e), whichever date is later. (c) Nothing in this section shall be construed to discontinue assignments under Section 11477 of the Welfare and Institutions Code. (d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the Department of Child Support Services may implement, interpret, or make specific this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations. (e) This section shall become operative on July 1, 2023, or on the date the department notifies the Legislature that the Child Support Enforcement System can perform the necessary automation to implement this section, and the Department of Child Support Services has developed and provided the written materials pursuant to subdivision (a), whichever date is later. (Added by Stats. 2022, Ch. 573, Sec. 7. (AB 207) Effective September 27, 2022. Conditionally operative on or after July 1, 2023, as prescribed by its own provisions.)
  129. 17504.4.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    The local child support agency must send a monthly notice showing the amount of assigned support payments made for certain CalWORKs recipients or former recipients.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17504.4. On a monthly basis, the local child support agency shall provide to any CalWORKs recipient or former recipient for whom an assignment pursuant to subdivision (a) of Section 11477 of the Welfare and Institutions Code is currently effective, a notice of the amount of assigned support payments made on behalf of the recipient or former recipient or any other family member for whom public assistance is received. (Added by renumbering Section 17504.1 by Stats. 2022, Ch. 573, Sec. 6. (AB 207) Effective September 27, 2022.)
  130. 17505.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

    Verify source ↗

    State and local agencies must cooperate with child support enforcement and provide requested information, and the child support automation system has a right to receive the same cooperation and information as the Parent Locator Service, within legal limits.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17505. (a) All state, county, and local agencies shall cooperate with the local child support agency (1) in the enforcement of any child support obligation or to the extent required under the state plan under Part 6 (commencing with Section 5700.101) of Division 9, Section 270 of the Penal Code, and Section 17604, and (2) the enforcement of spousal support orders and in the location of parents or putative parents. The local child support agency may enter into an agreement with and shall secure from a municipal, county, or state law enforcement agency, pursuant to that agreement, state summary criminal record information through the California Law Enforcement Telecommunications System. This subdivision applies irrespective of whether the children are or are not receiving aid to families with dependent children. All state, county, and local agencies shall cooperate with the district attorney in implementing Chapter 8 (commencing with Section 3130) of Part 2 of Division 8 concerning the location, seizure, and recovery of abducted, concealed, or detained minor children. (b) On request, all state, county, and local agencies shall supply the local child support agency of any county in this state or the California Parent Locator Service with all information on hand relative to the location, income, or property of any parents, putative parents, spouses, or former spouses, notwithstanding any other provision of law making the information confidential, and with all information on hand relative to the location and prosecution of any person who has, by means of false statement or representation or by impersonation or other fraudulent device, obtained aid for a child under this chapter. (c) The California Child Support Automation System, or its replacement, shall be entitled to the same cooperation and information provided to the California Parent Locator Service, to the extent allowed by law. The California Child Support Automation System, or its replacement, shall be allowed access to criminal offender record information only to the extent that access is allowed by law. (d) Information exchanged between the California Parent Locator Service or the California Child Support Automation System, or its replacement, and state, county, or local agencies as specified in Sections 653(c)(4) and 666(c)(1)(D) of Title 42 of the United State Code shall be through automated processes to the maximum extent feasible. (Amended by Stats. 2015, Ch. 493, Sec. 14. (SB 646) Effective January 1, 2016.)
  131. 17506.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    This section creates and governs the California Parent Locator Service and Central Registry, including what information it may collect, who may receive it, and limits on disclosure.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17506. (a) There is in the department a California Parent Locator Service and Central Registry that shall collect and disseminate all of the following, with respect to any parent, putative parent, spouse, or former spouse: (1) The full and true name of the parent together with any known aliases. (2) Date and place of birth. (3) Physical description. (4) Social security number, individual taxpayer identification number, or other uniform identification number. (5) Employment history and earnings. (6) Military status and Veterans Administration or military service serial number. (7) Last known address, telephone number, and date thereof. (8) Driver’s license number or identification card number issued by the Department of Motor Vehicles, driving record, and vehicle registration information. (9) Criminal, licensing, and applicant records and information. (10) (A) Any additional location, asset, and income information, including income tax return information obtained pursuant to Section 19548 of the Revenue and Taxation Code, and to the extent permitted by federal law, the address, telephone number, and social security number obtained from a public utility, cable television corporation, a provider of electronic digital pager communication, or a provider of mobile telephony services that may be of assistance in locating the parent, putative parent, abducting, concealing, or detaining parent, spouse, or former spouse, in establishing a parent and child relationship, in enforcing the child support liability of the absent parent, or enforcing the spousal support liability of the spouse or former spouse to the extent required by the state plan pursuant to Section 17604. (B) For purposes of this subdivision, “income tax return information” means all of the following regarding the taxpayer: (i) Assets. (ii) Credits. (iii) Deductions. (iv) Exemptions. (v) Identity. (vi) Liabilities. (vii) Nature, source, and amount of income. (viii) Net worth. (ix) Payments. (x) Receipts. (xi) Address. (xii) Social security number, individual taxpayer identification number, or other uniform identification number. (b) Pursuant to a letter of agreement entered into between the Department of Child Support Services and the Department of Justice, the Department of Child Support Services shall assume responsibility for the California Parent Locator Service and Central Registry. The letter of agreement shall, at a minimum, set forth all of the following: (1) Contingent upon funding in the Budget Act, the Department of Child Support Services shall assume responsibility for leadership and staff of the California Parent Locator Service and Central Registry commencing July 1, 2003. (2) All employees and other personnel who staff or provide support for the California Parent Locator Service and Central Registry shall, at the time of the transition, at their option, become the employees of the Department of Child Support Services at their existing or equivalent classification, salaries, and benefits. (3) Until the department’s automation system for the California Parent Locator Service and Central Registry functions is fully operational, the department shall use the automation system operated by the Department of Justice. (4) Any other provisions necessary to ensure continuity of function and meet or exceed existing levels of service. (c) To effectuate the purposes of this section, the California Child Support Enforcement System and the California Parent Locator Service and Central Registry shall utilize the federal Parent Locator Service to the extent necessary, and may request and shall receive from all departments, boards, bureaus, or other agencies of the state, or any of its political subdivisions, and those entities shall provide, that assistance and data that will enable the Department of Child Support Services and other public agencies to carry out their powers and duties to locate parents, spouses, and former spouses, and to identify their assets, to establish parent-child relationships, and to enforce liability for child or spousal support, and for any other obligations incurred on behalf of children, and shall also provide that information to any local child support agency in fulfilling the duties prescribed in Section 270 of the Penal Code, and in Chapter 8 (commencing with Section 3130) of Part 2 of Division 8 of this code, relating to abducted, concealed, or detained children and to any county child welfare agency or county probation department in fulfilling the duties prescribed in Article 5.5 (commencing with Section 290.1) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, and prescribed in Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code to identify, locate, and notify parents or relatives of children who are the subject of juvenile court proceedings, to establish parent and child relationships pursuant to Section 316.2 of the Welfare and Institutions Code, and to assess the appropriateness of placement of a child with a noncustodial parent pursuant to Section 361.2 of the Welfare and Institutions Code. Consistent with paragraph (1) of subdivision (e) of Section 309 of, and paragraph (2) of subdivision (d) of Section 628 of, the Welfare and Institutions Code, in order for county child welfare and probation departments to carry out their duties to identify and locate all grandparents, adult siblings, and other adult relatives of the child as defined in paragraph (2) of subdivision (f) of Section 319 of the Welfare and Institutions Code, including any other adult relatives suggested by the parents, county personnel are permitted to request and receive information from the California Parent Locator Service and Federal Parent Locator Service. County child welfare agencies and probation departments shall be entitled to the information described in this subdivision regardless of whether an all-county letter or similar instruction is issued pursuant to subparagraph (C) of paragraph (8) of subdivision (c) of Section 11478.1 of the Welfare and Institutions Code. The California Child Support Enforcement System shall be entitled to the same cooperation and information as the California Parent Locator Service and Central Registry to the extent allowed by law. The California Child Support Enforcement System shall be allowed access to criminal record information only to the extent that access is allowed by state and federal law. (d) (1) To effectuate the purposes of this section, and notwithstanding any other law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry and the California Child Support Enforcement System may request and shall receive from public utilities, as defined in Section 216 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, employer name and address, and social security number of customers of the public utility, to the extent that this information is stored within the computer database of the public utility. (2) To effectuate the purposes of this section, and notwithstanding any other law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry and the California Child Support Enforcement System may request and shall receive from cable television corporations, as defined in Section 216.4 of the Public Utilities Code, the providers of electronic digital pager communication, as defined in Section 629.51 of the Penal Code, and the providers of mobile telephony services, as defined in Section 224.4 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, employer name and address, and social security number of customers of the cable television corporation, customers of the providers of electronic digital pager communication, and customers of the providers of mobile telephony services. (3) In order to protect the privacy of utility, cable television, electronic digital pager communication, and mobile telephony service customers, a request to a public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services for customer service information pursuant to this section shall meet the following requirements: (A) Be submitted to the public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services in writing, on a transmittal document prepared by the California Parent Locator Service and Central Registry or the California Child Support Enforcement System and approved by all of the public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services. The transmittal shall be deemed to be an administrative subpoena for customer service information. (B) Have the signature of a representative authorized by the California Parent Locator Service and Central Registry or the California Child Support Enforcement System. (C) Contain at least three of the following data elements regarding the person sought: (i) First and last name, and middle initial, if known. (ii) Social security number. (iii) Driver’s license number or identification card number issued by the Department of Motor Vehicles. (iv) Birth date. (v) Last known address. (vi) Spouse’s name. (D) The California Parent Locator Service and Central Registry and the California Child Support Enforcement System shall ensure that each public utility, cable television corporation, provider of electronic digital pager communication services, and provider of mobile telephony services has at all times a current list of the names of persons authorized to request customer service information. (E) The California Child Support Enforcement System and the California Parent Locator Service and Central Registry shall ensure that customer service information supplied by a public utility, cable television corporation, provider of electronic digital pager communication, or provider of mobile telephony services is applicable to the person who is being sought before releasing the information pursuant to subdivision (d). (4) During the development of the California Child Support Enforcement System, the department shall determine the necessity of additional locate sources, including those specified in this section, based upon the cost-effectiveness of those sources. (5) The public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider may charge a fee to the California Parent Locator Service and Central Registry or the California Child Support Enforcement System for each search performed pursuant to this subdivision to cover the actual costs to the public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider for providing this information. (6) No public utility, cable television corporation, electronic digital pager communication provider, or mobile telephony service provider or official or employee thereof, shall be subject to criminal or civil liability for the release of customer service information as authorized by this subdivision. (e) Notwithstanding Section 14203 of the Penal Code, any records established pursuant to this section shall be disseminated only to the Department of Child Support Services, the California Child Support Enforcement System, the California Parent Locator Service and Central Registry, the parent locator services and central registries of other states as defined by federal statutes and regulations, a local child support agency of any county in this state, and the federal Parent Locator Service. The California Child Support Enforcement System shall be allowed access to criminal offender record information only to the extent that access is allowed by law. (f) (1) At no time shall any information received by the California Parent Locator Service and Central Registry or by the California Child Support Enforcement System be disclosed to any person, agency, or other entity, other than those persons, agencies, and entities specified pursuant to Section 17505, this section, or any other provision. (2) This subdivision shall not otherwise affect discovery between parties in any action to establish, modify, or enforce child, family, or spousal support, that relates to custody or visitation. (g) (1) The Department of Justice, in consultation with the Department of Child Support Services, shall promulgate rules and regulations to facilitate maximum and efficient use of the California Parent Locator Service and Central Registry. Upon implementation of the California Child Support Enforcement System, the Department of Child Support Services shall assume all responsibility for promulgating rules and regulations for use of the California Parent Locator Service and Central Registry. (2) The Department of Child Support Services, the Public Utilities Commission, the cable television corporations, providers of electronic digital pager communication, and the providers of mobile telephony services shall develop procedures for obtaining the information described in subdivision (c) from public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services and for compensating the public utilities, cable television corporations, providers of electronic digital pager communication, and providers of mobile telephony services for providing that information. (h) The California Parent Locator Service and Central Registry may charge a fee not to exceed eighteen dollars ($18) for any service it provides pursuant to this section that is not performed or funded pursuant to Section 651 and following of Title 42 of the United States Code. (i) This section shall be construed in a manner consistent with the other provisions of this article. (Amended by Stats. 2018, Ch. 838, Sec. 6. (SB 695) Effective January 1, 2019.)
  132. 17508.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The Employment Development Department must share certain unemployment insurance information with specified child support-related agencies when requested, and it must share certain information immediately upon receipt when possible.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17508. (a) The Employment Development Department shall, when requested by the Department of Child Support Services local child support agency, the federal Parent Locator Service, or the California Parent Locator Service, provide access to information collected pursuant to Division 1 (commencing with Section 100) of the Unemployment Insurance Code to the requesting department or agency for purposes of administering the child support enforcement program, and for purposes of verifying employment of applicants and recipients of aid under this chapter or CalFresh under Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code. (b) (1) To the extent possible, the Employment Development Department shall share information collected under Sections 1088.5 and 1088.8 of the Unemployment Insurance Code immediately upon receipt. This sharing of information may include electronic means. (2) This subdivision shall not authorize the Employment Development Department to share confidential information with any individuals not otherwise permitted by law to receive the information or preclude batch runs or comparisons of data. (Amended by Stats. 2016, Ch. 474, Sec. 21. (AB 2882) Effective January 1, 2017.)
  133. 17509.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The Department of Child Support Services must periodically compare employment information with child support obligor records, and if an employed obligor has no earning withholding order, it must immediately notify local child support agencies.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17509. Once the statewide automated system is fully implemented, the Department of Child Support Services shall periodically compare Employment Development Department information collected under Division 1 (commencing with Section 100) of the Unemployment Insurance Code to child support obligor records and identify cases where the obligor is employed but there is no earning withholding order in effect. The department shall immediately notify local child support agencies in those cases. (Added by Stats. 1999, Ch. 652, Sec. 20. Effective January 1, 2000.)
  134. 17510.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must operate a workers’ compensation notification project to help local agencies with child support enforcement.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17510. To assist local agencies in child support enforcement activities, the department shall operate a workers’ compensation notification project based on information received pursuant to Section 138.5 of the Labor Code or any other source of information. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  135. 17512.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Employers and labor organizations must provide relevant employment and income information to a child support agency or certain other agencies when properly requested.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17512. (a) Upon receipt of a written request from a local child support agency enforcing the obligation of parents to support their children pursuant to Section 17400, or from an agency of another state enforcing support obligations pursuant to Section 654 of Title 42 of the United States Code, every employer, as specified in Section 5210, and every labor organization shall cooperate with and provide relevant employment and income information that they have in their possession to the local child support agency or other requesting agency for the purpose of establishing, modifying, or enforcing the support obligation. No employer or labor organization shall incur any liability for providing this information to the local child support agency or other requesting agency. (b) Relevant employment and income information shall include, but not be limited to, all of the following: (1) Whether a named person has or has not been employed by an employer or whether a named person has or has not been employed to the knowledge of the labor organization. (2) The full name of the employee or member or the first and middle initial and last name of the employee or member. (3) The employee’s or member’s last known residence address. (4) The employee’s or member’s date of birth. (5) The employee’s or member’s social security number. (6) The dates of employment. (7) All earnings paid to the employee or member and reported as W-2 compensation in the prior tax year and the employee’s or member’s current basic rate of pay. (8) Other earnings, as specified in Section 5206, paid to the employee or member. (9) Whether dependent health insurance coverage is available to the employee through employment or membership in the labor organization. (c) The local child support agency or other agency shall notify the employer and labor organization of the local child support agency case file number in making a request pursuant to this section. The written request shall include at least three of the following elements regarding the person who is the subject of the inquiry: (A) first and last name and middle initial, if known; (B) social security number; (C) driver’s license number; (D) birth date; (E) last known address; or (F) spouse’s name. (d) The local child support agency or other requesting agency shall send a notice that a request for this information has been made to the last known address of the person who is the subject of the inquiry. (e) An employer or labor organization that fails to provide relevant employment information to the local child support agency or other requesting agency within 30 days of receiving a request pursuant to subdivision (a) may be assessed a civil penalty of a maximum of one thousand dollars ($1,000), plus attorneys’ fees and costs. Proceedings to impose the civil penalty shall be commenced by the filing and service of an order to show cause. (f) “Labor organization,” for the purposes of this section means a labor organization as defined in Section 1117 of the Labor Code or any related benefit trust fund covered under the federal Employee Retirement Income Security Act of 1974 (Chapter 18 (commencing with Section 1001) of Title 29 of the United States Code). (g) Any reference to the local child support agency in this section shall apply only when the local child support agency is otherwise ordered or required to act pursuant to existing law. Nothing in this section shall be deemed to mandate additional enforcement or collection duties upon the local child support agency beyond those imposed under existing law on the effective date of this section. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  136. 17514.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Public entities must keep certain child abduction records confidential and may not disclose them except for specified uses and releases.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17514. (a) It is the intent of the Legislature to protect individual rights of privacy, and to facilitate and enhance the effectiveness of the child abduction and recovery programs, by ensuring the confidentiality of child abduction records, and to thereby encourage the full and frank disclosure of information relevant to all of the following: (1) The establishment or maintenance of parent and child relationships and support obligations. (2) The enforcement of the child support liability of absent parents. (3) The enforcement of spousal support liability of the spouse or former spouse to the extent required by the state plan under Section 17400, and Chapter 6 (commencing with Section 4800) of Part 5 of Division 9. (4) The location of absent parents. (5) The location of parents and children abducted, concealed, or detained by them. (b) (1) Except as provided in this subdivision, all files, applications, papers, documents, and records, established or maintained by a public entity for the purpose of locating an abducted child, locating a person who has abducted a child, or prosecution of a person who has abducted a child shall be confidential, and shall not be open to examination or released for disclosure for any purpose not directly connected with locating or recovering the abducted child or abducting person or prosecution of the abducting person. (2) Except as provided in subdivision (c), a public entity shall not disclose any file, application, paper, document, or record described in this section, or the information contained therein. (c) (1) All files, applications, papers, documents, and records as described in subdivision (b) shall be available and may be used by a public entity for all administrative, civil, or criminal investigations, actions, proceedings, or prosecution conducted in connection with the child abduction or prosecution of the abducting person. (2) A document requested by a person who wrote, prepared, or furnished the document may be examined by or disclosed to that person or a designee. (3) Public records subject to disclosure under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code may be released. (4) After a noticed motion and a finding by the court, in a case in which child recovery or abduction prosecution actions are being taken, that release or disclosure is required by due process of law, the court may order a public entity that possesses an application, paper, document, or record described in this subdivision to make that item available to the defendant or other party for examination or copying, or to disclose to an appropriate person the contents of that item. Article 9 (commencing with Section 1040) of Chapter 4 of Division 8 of the Evidence Code shall not be applicable to proceedings under this part. (5) To the extent not prohibited by federal law or regulation, information indicating the existence or imminent threat of a crime against a minor child, or location of a concealed or abducted child, or the location of the concealing or abducting person, may be disclosed to any appropriate law enforcement agency, or to any state or county child protective agency, or may be used in any judicial proceedings to prosecute that crime or to protect the child. (6) Information may be released to any state or local agency for the purposes connected with establishing, modifying, and enforcing child support obligations, enforcing spousal support orders, and determining paternity as required by Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code and this article. (Amended by Stats. 2021, Ch. 615, Sec. 107. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  137. 17516.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Public social service benefits and Title XVI Social Security Act benefits may not be used to satisfy a support obligation.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17516. In no event shall public social service benefits, as defined in Section 10051 of the Welfare and Institutions Code, or benefits paid pursuant to Title XVI of the Social Security Act be employed to satisfy a support obligation. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  138. 17518.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    This section sets up support-obligation withholding from unemployment and disability benefits, with agencies and plan payers required to notify, withhold, forward, and keep records.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17518. (a) As authorized by subdivision (d) of Section 704.120 of the Code of Civil Procedure, the following actions shall be taken in order to enforce support obligations that are not being met. Whenever a support judgment or order has been rendered by a court of this state against an individual who is entitled to unemployment compensation benefits or unemployment compensation disability benefits, the local child support agency may file a certification of support judgment or support order with the Department of Child Support Services, verifying under penalty of perjury that there is or has been a judgment or an order for support with sums overdue thereunder. The department shall periodically present and keep current, by deletions and additions, a list of the certified support judgments and orders and shall periodically notify the Employment Development Department of individuals certified as owing support obligations. (b) If the Employment Development Department determines that an individual who owes support may have a claim for unemployment compensation disability insurance benefits under a voluntary plan approved by the Employment Development Department in accordance with Chapter 6 (commencing with Section 3251) of Part 2 of Division 1 of the Unemployment Insurance Code, the Employment Development Department shall immediately notify the voluntary plan payer. When the department notifies the Employment Development Department of changes in an individual’s support obligations, the Employment Development Department shall promptly notify the voluntary plan payer of these changes. The Employment Development Department shall maintain and keep current a record of individuals who owe support obligations who may have claims for unemployment compensation or unemployment compensation disability benefits. (c) Notwithstanding any other law, the Employment Development Department shall withhold the amounts specified below from the unemployment compensation benefits or unemployment compensation disability benefits of individuals with unmet support obligations. The Employment Development Department shall forward the amounts to the Department of Child Support Services for distribution to the appropriate certifying county. (d) Notwithstanding any other law, during the payment of unemployment compensation disability benefits to an individual, with respect to whom the Employment Development Department has notified a voluntary plan payer that the individual has a support obligation, the voluntary plan payer shall withhold the amounts specified below from the individual’s unemployment compensation disability benefits and shall forward the amounts to the appropriate certifying county. (e) The amounts withheld in subdivisions (c) and (d) shall be equal to 25 percent of each weekly unemployment compensation benefit payment or periodic unemployment compensation disability benefit payment, rounded down to the nearest whole dollar, which is due the individual identified on the certified list. However, the amount withheld may be reduced to a lower whole dollar amount through a written agreement between the individual and the local child support agency or through an order of the court. (f) The department shall ensure that the appropriate certifying county shall resolve any claims for refunds in the amounts overwithheld by the Employment Development Department or voluntary plan payer. (g) No later than the time of the first withholding, the individuals who are subject to the withholding shall be notified by the payer of benefits of all of the following: (1) That the individual’s unemployment compensation benefits or unemployment compensation disability benefits have been reduced by a court-ordered support judgment or order pursuant to this section. (2) The address and telephone number of the local child support agency that submitted the certificate of support judgment or order. (3) That the support order remains in effect even though the individual is unemployed or disabled unless it is modified by court order, and that if the amount withheld is less than the monthly support obligation, an arrearage will accrue. (h) The individual may ask the appropriate court for an equitable division of the individual’s unemployment compensation or unemployment compensation disability amounts withheld to take into account the needs of all the persons the individual is required to support. (i) The Department of Child Support Services and the Employment Development Department shall enter into any agreements necessary to carry out this section. (j) For purposes of this section, “support obligations” means the child and related spousal support obligations that are being enforced pursuant to a plan described in Section 454 of the Social Security Act and as that section may hereafter be amended. However, to the extent “related spousal support obligation” may not be collected from unemployment compensation under federal law, those obligations shall not be included in the definition of support obligations under this section. (Amended by Stats. 2019, Ch. 115, Sec. 155. (AB 1817) Effective January 1, 2020.)
  139. 17520.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    This section requires child support agencies and licensing boards to share lists of noncompliant obligors, and lets boards withhold, delay, or suspend licenses until compliance or a release is received.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17520. (a) As used in this section: (1) “Applicant” means a person applying for issuance or renewal of a license. (2) “Board” means an entity specified in Section 101 of the Business and Professions Code, the entities referred to in Sections 1000 and 3600 of the Business and Professions Code, the State Bar of California, the Department of Real Estate, the Department of Motor Vehicles, the Secretary of State, the Department of Fish and Wildlife, and any other state commission, department, committee, examiner, or agency that issues a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession, or to the extent required by federal law or regulations, for recreational purposes. This term includes all boards, commissions, departments, committees, examiners, entities, and agencies that issue a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession. The failure to specifically name a particular board, commission, department, committee, examiner, entity, or agency that issues a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession does not exclude that board, commission, department, committee, examiner, entity, or agency from this term. (3) “Certified list” means a list provided by the local child support agency to the Department of Child Support Services in which the local child support agency verifies, under penalty of perjury, that the names contained therein are support obligors found to be out of compliance with a judgment or order for support in a case being enforced under Title IV-D of the federal Social Security Act. (4) “Compliance with a judgment or order for support” means that, as set forth in a judgment or order for child or family support, the obligor is no more than 30 calendar days in arrears in making payments in full for current support, in making periodic payments in full, whether court ordered or by agreement with the local child support agency, on a support arrearage, or in making periodic payments in full, whether court ordered or by agreement with the local child support agency, on a judgment for reimbursement for public assistance, or has obtained a judicial finding that equitable estoppel as provided in statute or case law precludes enforcement of the order. The local child support agency is authorized to use this section to enforce orders for spousal support only when the local child support agency is also enforcing a related child support obligation owed to the obligee parent by the same obligor, pursuant to Sections 17400 and 17604. (5) “License” includes membership in the State Bar of California, and a certificate, credential, permit, registration, or any other authorization issued by a board that allows a person to engage in a business, occupation, or profession, or to operate a commercial motor vehicle, including appointment and commission by the Secretary of State as a notary public. “License” also includes any driver’s license issued by the Department of Motor Vehicles, any commercial fishing license issued by the Department of Fish and Wildlife, and to the extent required by federal law or regulations, any license used for recreational purposes. This term includes all licenses, certificates, credentials, permits, registrations, or any other authorization issued by a board that allows a person to engage in a business, occupation, or profession. The failure to specifically name a particular type of license, certificate, credential, permit, registration, or other authorization issued by a board that allows a person to engage in a business, occupation, or profession, does not exclude that license, certificate, credential, permit, registration, or other authorization from this term. (6) “Licensee” means a person holding a license, certificate, credential, permit, registration, or other authorization issued by a board, to engage in a business, occupation, or profession, or a commercial driver’s license as defined in Section 15210 of the Vehicle Code, including an appointment and commission by the Secretary of State as a notary public. “Licensee” also means a person holding a driver’s license issued by the Department of Motor Vehicles, a person holding a commercial fishing license issued by the Department of Fish and Wildlife, and to the extent required by federal law or regulations, a person holding a license used for recreational purposes. This term includes all persons holding a license, certificate, credential, permit, registration, or any other authorization to engage in a business, occupation, or profession, and the failure to specifically name a particular type of license, certificate, credential, permit, registration, or other authorization issued by a board does not exclude that person from this term. For licenses issued to an entity that is not an individual person, “licensee” includes an individual who is either listed on the license or who qualifies for the license. (b) The local child support agency shall maintain a list of those persons included in a case being enforced under Title IV-D of the federal Social Security Act against whom a support order or judgment has been rendered by, or registered in, a court of this state, and who are not in compliance with that order or judgment. The local child support agency shall submit a certified list with the names, social security numbers, individual taxpayer identification numbers, or other uniform identification numbers, and last known addresses of these persons and the name, address, and telephone number of the local child support agency who certified the list to the department. The local child support agency shall verify, under penalty of perjury, that the persons listed are subject to an order or judgment for the payment of support and that these persons are not in compliance with the order or judgment. The local child support agency shall submit to the department an updated certified list on a monthly basis. (c) The department shall consolidate the certified lists received from the local child support agencies and, within 30 calendar days of receipt, shall provide a copy of the consolidated list to each board that is responsible for the regulation of licenses, as specified in this section. (d) On or before November 1, 1992, or as soon thereafter as economically feasible, as determined by the department, all boards subject to this section shall implement procedures to accept and process the list provided by the department, in accordance with this section. Notwithstanding any other law, all boards shall collect social security numbers or individual taxpayer identification numbers from all applicants for the purposes of matching the names of the certified list provided by the department to applicants and licensees and of responding to requests for this information made by child support agencies. (e) (1) Promptly after receiving the certified consolidated list from the department, and prior to the issuance or renewal of a license, each board shall determine whether the applicant is on the most recent certified consolidated list provided by the department. The board shall have the authority to withhold issuance or renewal of the license of an applicant on the list. (2) If an applicant is on the list, the board shall immediately serve notice as specified in subdivision (f) on the applicant of the board’s intent to withhold issuance or renewal of the license. The notice shall be made personally or by mail to the applicant’s last known mailing address on file with the board. Service by mail shall be complete in accordance with Section 1013 of the Code of Civil Procedure. (A) The board shall issue a temporary license valid for a period of 150 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license. (B) Except as provided in subparagraph (D), the 150-day time period for a temporary license shall not be extended. Except as provided in subparagraph (D), only one temporary license shall be issued during a regular license term and it shall coincide with the first 150 days of that license term. As this paragraph applies to commercial driver’s licenses, “license term” shall be deemed to be 12 months from the date the application fee is received by the Department of Motor Vehicles. A license for the full or remainder of the license term shall be issued or renewed only upon compliance with this section. (C) In the event that a license or application for a license or the renewal of a license is denied pursuant to this section, any funds paid by the applicant or licensee shall not be refunded by the board. (D) This paragraph shall apply only in the case of a driver’s license, other than a commercial driver’s license. Upon the request of the local child support agency or by order of the court upon a showing of good cause, the board shall extend a 150-day temporary license for a period not to exceed 150 extra days. (3) (A) The department may, when it is economically feasible for the department and the boards to do so as determined by the department, in cases where the department is aware that certain child support obligors listed on the certified lists have been out of compliance with a judgment or order for support for more than four months, provide a supplemental list of these obligors to each board with which the department has an interagency agreement to implement this paragraph. Upon request by the department, the licenses of these obligors shall be subject to suspension, provided that the licenses would not otherwise be eligible for renewal within six months from the date of the request by the department. The board shall have the authority to suspend the license of any licensee on this supplemental list. (B) If a licensee is on a supplemental list, the board shall immediately serve notice as specified in subdivision (f) on the licensee that the license will be automatically suspended 150 days after notice is served, unless compliance with this section is achieved. The notice shall be made personally or by mail to the licensee’s last known mailing address on file with the board. Service by mail shall be complete in accordance with Section 1013 of the Code of Civil Procedure. (C) The 150-day notice period shall not be extended. (D) In the event that any license is suspended pursuant to this section, any funds paid by the licensee shall not be refunded by the board. (E) This paragraph shall not apply to licenses subject to annual renewal or annual fee. (f) Notices shall be developed by each board in accordance with guidelines provided by the department and subject to approval by the department. The notice shall include the address and telephone number of the local child support agency that submitted the name on the certified list, and shall emphasize the necessity of obtaining a release from that local child support agency as a condition for the issuance, renewal, or continued valid status of a license or licenses. (1) In the case of applicants not subject to paragraph (3) of subdivision (e), the notice shall inform the applicant that the board shall issue a temporary license, as provided in subparagraph (A) of paragraph (2) of subdivision (e), for 150 calendar days if the applicant is otherwise eligible and that upon expiration of that time period the license will be denied unless the board has received a release from the local child support agency that submitted the name on the certified list. (2) In the case of licensees named on a supplemental list, the notice shall inform the licensee that the license will continue in its existing status for no more than 150 calendar days from the date of mailing or service of the notice and thereafter will be suspended indefinitely unless, during the 150-day notice period, the board has received a release from the local child support agency that submitted the name on the certified list. Additionally, the notice shall inform the licensee that any license suspended under this section will remain so until the expiration of the remaining license term, unless the board receives a release along with applications and fees, if applicable, to reinstate the license during the license term. (3) The notice shall also inform the applicant or licensee that if an application is denied or a license is suspended pursuant to this section, any funds paid by the applicant or licensee shall not be refunded by the board. The Department of Child Support Services shall also develop a form that the applicant shall use to request a review by the local child support agency. A copy of this form shall be included with every notice sent pursuant to this subdivision. (g) (1) Each local child support agency shall maintain review procedures consistent with this section to allow an applicant to have the underlying arrearage and any relevant defenses investigated, to provide an applicant information on the process of obtaining a modification of a support order, or to provide an applicant assistance in the establishment of a payment schedule on arrearages if the circumstances so warrant. (2) It is the intent of the Legislature that a court or local child support agency, when determining an appropriate payment schedule for arrearages, base its decision on the facts of the particular case and the priority of payment of child support over other debts. The payment schedule shall also recognize that certain expenses may be essential to enable an obligor to be employed. Therefore, in reaching its decision, the court or the local child support agency shall consider both of these goals in setting a payment schedule for arrearages. (h) If the applicant wishes to challenge the submission of their name on the certified list, the applicant shall make a timely written request for review to the local child support agency who certified the applicant’s name. A request for review pursuant to this section shall be resolved in the same manner and timeframe provided for resolution of a complaint pursuant to Section 17800. The local child support agency shall immediately send a release to the appropriate board and the applicant, if any of the following conditions are met: (1) The applicant is found to be in compliance or negotiates an agreement with the local child support agency for a payment schedule on arrearages or reimbursement. (2) The applicant has submitted a request for review, but the local child support agency will be unable to complete the review and send notice of its findings to the applicant within the time specified in Section 17800. (3) The applicant has filed and served a request for judicial review pursuant to this section, but a resolution of that review will not be made within 150 days of the date of service of notice pursuant to subdivision (f). This paragraph applies only if the delay in completing the judicial review process is not the result of the applicant’s failure to act in a reasonable, timely, and diligent manner upon receiving the local child support agency’s notice of findings. (4) The applicant has obtained a judicial finding of compliance as defined in this section. (i) An applicant is required to act with diligence in responding to notices from the board and the local child support agency with the recognition that the temporary license will lapse or the license suspension will go into effect after 150 days and that the local child support agency and, where appropriate, the court must have time to act within that period. An applicant’s delay in acting, without good cause, which directly results in the inability of the local child support agency to complete a review of the applicant’s request or the court to hear the request for judicial review within the 150-day period shall not constitute the diligence required under this section which would justify the issuance of a release. (j) Except as otherwise provided in this section, the local child support agency shall not issue a release if the applicant is not in compliance with the judgment or order for support. The local child support agency shall notify the applicant, in writing, that the applicant may, by filing an order to show cause or notice of motion, request any or all of the following: (1) Judicial review of the local child support agency’s decision not to issue a release. (2) A judicial determination of compliance. (3) A modification of the support judgment or order. The notice shall also contain the name and address of the court in which the applicant shall file the order to show cause or notice of motion and inform the applicant that their name shall remain on the certified list if the applicant does not timely request judicial review. The applicant shall comply with all statutes and rules of court regarding orders to show cause and notices of motion. This section does not limit an applicant from filing an order to show cause or notice of motion to modify a support judgment or order or to fix a payment schedule on arrearages accruing under a support judgment or order or to obtain a court finding of compliance with a judgment or order for support. (k) The request for judicial review of the local child support agency’s decision shall state the grounds for which review is requested and judicial review shall be limited to those stated grounds. The court shall hold an evidentiary hearing within 20 calendar days of the filing of the request for review. Judicial review of the local child support agency’s decision shall be limited to a determination of each of the following issues: (1) Whether there is a support judgment, order, or payment schedule on arrearages or reimbursement. (2) Whether the petitioner is the obligor covered by the support judgment or order. (3) Whether the support obligor is or is not in compliance with the judgment or order of support. (4) (A) The extent to which the needs of the obligor, taking into account the obligor’s payment history and the current circumstances of both the obligor and the obligee, warrant a conditional release as described in this subdivision. (B) The request for judicial review shall be served by the applicant upon the local child support agency that submitted the applicant’s name on the certified list within seven calendar days of the filing of the petition. The court has the authority to uphold the action, unconditionally release the license, or conditionally release the license. (C) If the judicial review results in a finding by the court that the obligor is in compliance with the judgment or order for support, the local child support agency shall immediately send a release in accordance with subdivision (l) to the appropriate board and the applicant. If the judicial review results in a finding by the court that the needs of the obligor warrant a conditional release, the court shall make findings of fact stating the basis for the release and the payment necessary to satisfy the unrestricted issuance or renewal of the license without prejudice to a later judicial determination of the amount of support arrearages, including interest, and shall specify payment terms, compliance with which are necessary to allow the release to remain in effect. (l) (1) The department shall prescribe release forms for use by local child support agencies. When the obligor is in compliance, the local child support agency shall mail to the applicant and the appropriate board a release stating that the applicant is in compliance. The receipt of a release shall serve to notify the applicant and the board that, for the purposes of this section, the applicant is in compliance with the judgment or order for support. A board that has received a release from the local child support agency pursuant to this subdivision shall process the release within five business days of its receipt. (2) When the local child support agency determines, subsequent to the issuance of a release, that the applicant is once again not in compliance with a judgment or order for support, or with the terms of repayment as described in this subdivision, the local child support agency may notify the board, the obligor, and the department in a format prescribed by the department that the obligor is not in compliance. (3) The department may, when it is economically feasible for the department and the boards to develop an automated process for complying with this subdivision, notify the boards in a manner prescribed by the department, that the obligor is once again not in compliance. Upon receipt of this notice, the board shall immediately notify the obligor on a form prescribed by the department that the obligor’s license will be suspended on a specific date, and this date shall be no longer than 30 days from the date the form is mailed. The obligor shall be further notified that the license will remain suspended until a new release is issued in accordance with subdivision (h). This section does not limit the obligor from seeking judicial review of suspension pursuant to the procedures described in subdivision (k). (m) The department may enter into interagency agreements with the state agencies that have responsibility for the administration of boards necessary to implement this section, to the extent that it is cost effective to implement this section. These agreements shall provide for the receipt by the other state agencies and boards of federal funds to cover that portion of costs allowable in federal law and regulation and incurred by the state agencies and boards in implementing this section. Notwithstanding any other law, revenue generated by a board or state agency shall be used to fund the nonfederal share of costs incurred pursuant to this section. These agreements shall provide that boards shall reimburse the department for the nonfederal share of costs incurred by the department in implementing this section. The boards shall reimburse the department for the nonfederal share of costs incurred pursuant to this section from moneys collected from applicants and licensees. (n) Notwithstanding any other law, in order for the boards subject to this section to be reimbursed for the costs incurred in administering its provisions, the boards may, with the approval of the appropriate department director, levy on all licensees and applicants a surcharge on any fee or fees collected pursuant to law, or, alternatively, with the approval of the appropriate department director, levy on the applicants or licensees named on a certified list or supplemental list, a special fee. (o) The process described in subdivision (h) shall constitute the sole administrative remedy for contesting the issuance of a temporary license or the denial or suspension of a license under this section. The procedures specified in the administrative adjudication provisions of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to the denial, suspension, or failure to issue or renew a license or the issuance of a temporary license pursuant to this section. (p) In furtherance of the public policy of increasing child support enforcement and collections, on or before November 1, 1995, the State Department of Social Services shall make a report to the Legislature and the Governor based on data collected by the boards and the district attorneys in a format prescribed by the State Department of Social Services. The report shall contain all of the following: (1) The number of delinquent obligors certified by district attorneys under this section. (2) The number of support obligors who also were applicants or licensees subject to this section. (3) The number of new licenses and renewals that were delayed, temporary licenses issued, and licenses suspended subject to this section and the number of new licenses and renewals granted and licenses reinstated following board receipt of releases as provided by subdivision (h) by May 1, 1995. (4) The costs incurred in the implementation and enforcement of this section. (q) A board receiving an inquiry as to the licensed status of an applicant or licensee who has had a license denied or suspended under this section or has been granted a temporary license under this section shall respond only that the license was denied or suspended or the temporary license was issued pursuant to this section. Information collected pursuant to this section by a state agency, board, or department shall be subject to the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). (r) Any rules and regulations issued pursuant to this section by a state agency, board, or department may be adopted as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. The regulations shall become effective immediately upon filing with the Secretary of State. (s) The department and boards, as appropriate, shall adopt regulations necessary to implement this section. (t) The Judicial Council shall develop the forms necessary to implement this section, except as provided in subdivisions (f) and (l). (u) The release or other use of information received by a board pursuant to this section, except as authorized by this section, is punishable as a misdemeanor. (v) The State Board of Equalization shall enter into interagency agreements with the department and the Franchise Tax Board that will require the department and the Franchise Tax Board to maximize the use of information collected by the State Board of Equalization, for child support enforcement purposes, to the extent it is cost effective and permitted by the Revenue and Taxation Code. (w) (1) The suspension or revocation of a driver’s license, including a commercial driver’s license, under this section shall not subject the licensee to vehicle impoundment pursuant to Section 14602.6 of the Vehicle Code. (2) Notwithstanding any other law, the suspension or revocation of a driver’s license, including a commercial driver’s license, under this section shall not subject the licensee to increased costs for vehicle liability insurance. (x) If any provision of this section or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (y) All rights to administrative and judicial review afforded by this section to an applicant shall also be afforded to a licensee. (Amended by Stats. 2019, Ch. 115, Sec. 156. (AB 1817) Effective January 1, 2020.)
  140. 17520.5.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department may not send certain low-income support obligors’ information to the DMV for driver’s license denial, withholding, or suspension.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17520.5. (a) (1) Notwithstanding any other law, the department shall not include in the list sent to the Department of Motor Vehicles pursuant to Section 17520, for the purpose of denying, withholding, or suspending a driver’s license, the information of a support obligor found to be out of compliance with a judgment or order for support in a case being enforced under Title IV-D of the federal Social Security Act, if the annual household income of the support obligor is at or below 70 percent of the median income for the county in which the department or the local child support agency believes the support obligor resides, based on the most recent available data published by the Department of Housing and Community Development pursuant to Section 6932 of Title 25 of the California Code of Regulations or successor regulation thereto. (2) Commencing January 1, 2027, this subdivision shall apply only with respect to noncommercial driver’s licenses. (b) This section shall be implemented to the extent allowed under federal law. (c) This section shall become operative on January 1, 2025. (Added by Stats. 2022, Ch. 830, Sec. 1. (SB 1055) Effective January 1, 2023. Operative January 1, 2025, by its own provisions.)
  141. 17521.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The specified order to show cause or notice of motion must be filed and heard in superior court.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17521. The order to show cause or notice of motion described in subdivision (j) of Section 17520 shall be filed and heard in the superior court. (Amended by Stats. 2002, Ch. 784, Sec. 115. Effective January 1, 2003.)
  142. 17522.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    This section lets a local child support agency levy property or debts owed to a delinquent support obligor, and requires notice, review opportunities, and compliance by served third parties.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17522. (a) Notwithstanding any other law, if a support obligor is delinquent in the payment of support for at least 30 days and the local child support agency is enforcing the support obligation pursuant to Section 17400, the local child support agency may collect the delinquency or enforce a lien by levy served on all persons having in their possession, or who will have in their possession or under their control, credits or personal property belonging to the delinquent support obligor, or who owe any debt to the obligor at the time they receive the notice of levy. (b) A levy may be issued by a local child support agency for a support obligation that accrued under a court order or judgment if the obligor had notice of the accrued support arrearage as provided in this section, and did not make a timely request for review. (c) The notice requirement shall be satisfied by the local child support agency sending a statement of support arrearages to the obligor at the obligor’s last known address by first-class mail, postage prepaid. The notice shall advise the obligor of the amount of the support arrearage. The notice shall advise the obligor that the obligor may have the arrearage determination reviewed by administrative procedures and state how the review may be obtained. The local child support agency shall conduct the review pursuant to this section in the same manner and timeframe provided for resolution of a complaint pursuant to Section 17800. The notice shall also advise the obligor of the right to seek a judicial determination of arrearages pursuant to Section 17526 and shall include a form to be filed with the court to request a judicial determination of arrearages. If the obligor requests an administrative review of the arrearage determination within 20 days from the date the notice was mailed to the obligor, the local child support agency may not issue the levy for a disputed amount of support until the administrative review procedure is completed. (d) If the obligor requests a judicial determination of the arrearages within 20 days from the date the notice was mailed to the obligor, the local child support agency shall not issue the levy for a disputed amount of support until the judicial determination is complete. (e) A person upon whom a levy has been served who possesses or controls any credits or personal property belonging to the delinquent support obligor or owing any debts to the delinquent support obligor at the time of receipt of the levy or coming into the person’s possession or control within one year of receipt of the notice of levy, shall surrender the credits or personal property to the local child support agency or pay to the local child support agency the amount of any debt owing the delinquent support obligor within 10 days of service of the levy, and shall surrender the credits or personal property, or the amount of any debt owing to the delinquent support obligor coming into the person’s possession or control within one year of receipt of the notice of levy, within 10 days of the date of coming into possession or control of the credits or personal property or the amount of any debt owing to the delinquent support obligor. (f) A person who surrenders any credits or personal property or pays the debts owing the delinquent support obligor to the local child support agency pursuant to this section shall be discharged from any obligation or liability to the delinquent support obligor to the extent of the amount paid to the local child support agency as a result of the levy. (g) When the levy is made on a deposit or credits or personal property in the possession or under the control of a bank, savings and loan association, or other financial institution as defined by Section 669A(d)(1) of Title 42 of the United States Code, the notice of levy may be delivered or mailed to a centralized location designated by the bank, savings and loan association, or other financial institution pursuant to Section 689.040 of the Code of Civil Procedure. (h) A person who is served with a levy pursuant to this section and who fails or refuses to surrender any credits or other personal property or pay any debts owing to the delinquent support obligor shall be liable in their own person or estate to the local child support agency in an amount equal to the value of the credits or other personal property or in the amount of the levy, up to the amount specified in the levy. (i) If an amount required to be paid pursuant to a levy under this section is not paid when due, the local child support agency may issue a warrant for enforcement of a lien and for the collection of any amount required to be paid to the local child support agency under this section. The warrant shall be directed to any sheriff, marshal, or the Department of the California Highway Patrol and shall have the same force and effect as a writ of execution. The warrant shall be levied and sale made pursuant to it in the manner and with the same force and effect as a levy and sale pursuant to a writ of execution. The local child support agency may pay or advance to the levying officer the same fees, commissions, and expenses for services under this section as are provided by law for similar services pursuant to a writ of execution, except for those fees and expenses for which a district attorney is exempt by law from paying. The local child support agency, and not the court, shall approve the fees for publication in a newspaper. (j) The fees, commissions, expenses, and the reasonable costs associated with the sale of property levied upon by warrant or levy pursuant to this section, including, but not limited to, appraisers’ fees, auctioneers’ fees, and advertising fees are an obligation of the support obligor and may be collected from the obligor by virtue of the warrant or levy or in any other manner as though these items were support payments delinquent for at least 30 days. (Amended by Stats. 2019, Ch. 115, Sec. 157. (AB 1817) Effective January 1, 2020.)
  143. 17522.5.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    When a child support levy or withholding notice is served, the holder of the financial asset must liquidate it promptly and send the proceeds to the State Disbursement Unit.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17522.5. (a) Notwithstanding Section 8112 of the Commercial Code and Section 700.130 of the Code of Civil Procedure, when a local child support agency pursuant to Section 17522, or the department pursuant to Section 17454 or 17500, issues a levy upon, or requires by notice any employer, person, political officer or entity, or depository institution to withhold the amount of, as applicable, a financial asset for the purpose of collecting a delinquent child support obligation, the person, financial institution, or securities intermediary (as defined in Section 8102 of the Commercial Code) in possession or control of the financial asset shall liquidate the financial asset in a commercially reasonable manner within 20 days of the issuance of the levy or the notice to withhold. Within five days of liquidation, the person, financial institution, or securities intermediary shall transfer to the State Disbursement Unit, established under Section 17309, the proceeds of the liquidation, less any reasonable commissions or fees, or both, which are charged in the normal course of business. (b) If the value of the financial assets exceed the total amount of support due, the obligor may, within 10 days after the service of the levy or notice to withhold upon the person, financial institution, or securities intermediary, instruct the person, financial institution, or securities intermediary who possesses or controls the financial assets as to which financial assets are to be sold to satisfy the obligation for delinquent support. If the obligor does not provide instructions for liquidation, the person, financial institution, or securities intermediary who possesses or controls the financial assets shall liquidate the financial assets in a commercially reasonable manner and in an amount sufficient to cover the obligation for delinquent child support, and any reasonable commissions or fees, or both, which are charged in the normal course of business, beginning with the financial assets purchased most recently. (c) For the purposes of this section, a financial asset shall include, but not be limited to, an uncertificated security, certificated security, or security entitlement (as defined in Section 8102 of the Commercial Code), security (as defined in Section 8103 of the Commercial Code), or a securities account (as defined in Section 8501 of the Commercial Code). (Amended by Stats. 2016, Ch. 474, Sec. 22. (AB 2882) Effective January 1, 2017.)
  144. 17523.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    A child support lien arises on a delinquent support obligor’s personal property when the local child support agency is enforcing the support obligation, and it must be perfected by filing a notice with the Secretary of State.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17523. (a) Notwithstanding any other provision of law, if a support obligor is delinquent in the payment of support and the local child support agency is enforcing the support obligation pursuant to Section 17400 or 17402, a lien for child support shall arise against the personal property of the support obligor in either of the following circumstances: (1) By operation of law for all amounts of overdue support, regardless of whether the amounts have been adjudicated or otherwise determined. (2) When either a court having continuing jurisdiction or the local child support agency determines a specific amount of arrearages is owed by the support obligor. (b) The lien for child support shall be perfected by filing a notice of child support lien with the Secretary of State pursuant to Section 697.510 of the Code of Civil Procedure. Once filed, the child support lien shall have the same priority, force, and effect as a judgment lien on personal property pursuant to Article 3 (commencing with Section 697.510) of Chapter 2 of Division 2 of Article 9 of the Code of Civil Procedure. (c) For purposes of this section, the following definitions shall apply: (1) “Notice of child support lien” means a document filed with the Secretary of State that substantially complies with the requirements of Section 697.530 of the Code of Civil Procedure. (2) “Support obligor is delinquent in payment of support” means that the support obligor has failed to make payment equal to one month’s support obligation. (3) “Personal property” means that property that is subject to attachment by a judgment lien pursuant to Section 697.530 of the Code of Civil Procedure. (d) Nothing in this section shall affect the priority of any of the following interests: (1) State tax liens as set forth in Article 2 (commencing with Section 7170) of Division 7 of Title 1 of the Government Code. (2) Liens or security interests as set forth in Article 3 (commencing with Section 697.510) of Chapter 2 of Division 2 of Article 9 of the Code of Civil Procedure. (e) As between competing child support liens and state tax liens, a child support lien arising under this section shall have priority over a state tax lien if (1) the child support lien is filed with the Secretary of State, (2) the notice of child support lien is filed in an action or proceeding in which the obligor may become entitled to property or money judgment, or (3) the levy for child support on personal property is made, before a notice of state tax lien is filed with the Secretary of State pursuant to Section 7171 of the Government Code or filed in an action or proceeding in accordance with Section 7173 of the Government Code. (f) A personal property lien for child support arising in another state may be enforced in the same manner and to the same extent as a personal property lien arising in this state. (Added by Stats. 1999, Ch. 980, Sec. 15. Effective January 1, 2000.)
  145. 17523.5.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    This section allows department and local child support agency staff to transmit, file, and record certain lien records electronically, and lets them use the California Child Support Enforcement System for that purpose.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17523.5. (a) (1) Notwithstanding any other law, in connection with the duty of the department and the local child support agency to promptly and effectively collect and enforce child support obligations under Title IV-D, the transmission, filing, and recording of a lien record by departmental and local child support agency staff that arises pursuant to subdivision (a) of Section 4506 of this code or Section 697.320 of the Code of Civil Procedure against the real property of a support obligor in the form of a digital or a digitized electronic record shall be permitted and governed only by this section. (2) A facsimile signature that complies with the requirements of paragraph (2) of subdivision (b) of Section 27201 of the Government Code shall be accepted on any document relating to a lien that is filed or recorded pursuant to this section. (3) The department and the local child support agency may use the California Child Support Enforcement System to transmit, file, and record a lien record under this section. (b) Nothing in this section shall be construed to require a county recorder to establish an electronic recording delivery system or to enter into a contract with an entity to implement this section. (c) For purposes of this section, the following terms have the following meanings: (1) “Digital electronic record” means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means, but not created in original paper form. (2) “Digitized electronic record” means a scanned image of the original paper document. (Amended by Stats. 2016, Ch. 474, Sec. 23. (AB 2882) Effective January 1, 2017.)
  146. 17524.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The local child support agency must request a statement of arrearages from each applicant, and if arrearages are claimed, the statement must be signed under penalty of perjury.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17524. (a) Upon making application to the local child support agency for child support enforcement services pursuant to Section 17400, every applicant shall be requested to give the local child support agency a statement of arrearages stating whether any support arrearages are owed. If the applicant alleges arrearages are owed, the statement shall be signed under penalty of perjury. (b) For all cases opened by the district attorney or local child support agency after December 31, 1995, the local child support agency shall enforce only arrearages declared under penalty of perjury pursuant to subdivision (a), arrearages accrued after the case was opened, or arrearages determined by the court in the child support action. Arrearages may be determined by judgment, noticed motion, renewal of judgment, or registration of the support order. (c) For all cases opened by the district attorney on or before December 31, 1995, the local child support agency shall enforce only arrearages that have been based upon a statement of arrearages signed under penalty of perjury or where the local child support agency has some other reasonable basis for believing the amount of claimed arrearages to be correct. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  147. 17525.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    When a state or local agency issues a notice of support delinquency, it must state the calculation date and tell the obligor whether accrued interest may be included.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17525. (a) Whenever a state or local governmental agency issues a notice of support delinquency, the notice shall state the date upon which the amount of the delinquency was calculated, and shall notify the obligor that the amount calculated may, or may not, include accrued interest. This requirement shall not be imposed until the local child support agency has instituted the California Child Support Enforcement System implemented and maintained by the Department of Child Support Services pursuant to Section 17308. The notice shall further notify the obligor of the right to an administrative determination of arrears by requesting that the local child support agency review the arrears, but that payments on arrears continue to be due and payable unless and until the local child support agency notifies the obligor otherwise. A state agency shall not be required to suspend enforcement of any arrearages as a result of the obligor’s request for an administrative determination of arrears, unless the agency receives notification of a suspension pursuant to subdivision (b) of Section 17526. (b) For purposes of this section, “notice of support delinquency” means a notice issued to a support obligor that includes a specific statement of the amount of delinquent support due and payable. (c) This section does not require a state or local entity to calculate the amount of a support delinquency, except as otherwise required by law. (Amended by Stats. 2019, Ch. 115, Sec. 158. (AB 1817) Effective January 1, 2020.)
  148. 17526.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    On request, the local child support agency must review alleged arrearages, consider evidence from either parent, and follow the same manner and timeframes as a Section 17800 complaint.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17526. (a) Upon request of an obligor or obligee, the local child support agency shall review the amount of arrearages alleged in a statement of arrearages that may be submitted to the local child support agency by an applicant for child support enforcement services. The local child support agency shall complete the review in the same manner and pursuant to the same timeframes as a complaint submitted pursuant to Section 17800. In the review, the local child support agency shall consider all evidence and defenses submitted by either parent on the issues of the amount of support paid or owed. (b) The local child support agency may, in its discretion, suspend enforcement or distribution of arrearages if it believes there is a substantial probability that the result of the administrative review will result in a finding that there are no arrearages. (c) Any party to an action involving child support enforcement services of the local child support agency may request a judicial determination of arrearages. The party may request an administrative review of the alleged arrearages prior to requesting a judicial determination of arrearages. The local child support agency shall complete the review in the same manner and pursuant to the same timeframes specified in subdivision (a). Any motion to determine arrearages filed with the court shall include a monthly breakdown showing amounts ordered and amounts paid, in addition to any other relevant information. (d) A county that submits a claim for reimbursement as a state-mandated local program of costs incurred with respect to the administrative review of alleged child support arrearages under this section shall be ineligible for state subventions or, to the extent permitted by federal law, state-administered federal subventions, for child support in the amount of any local costs under this section. (Amended by Stats. 2002, Ch. 927, Sec. 6.5. Effective January 1, 2003.)
  149. 17528.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    This section requires the department and PERS to exchange delinquent support information, withhold covered benefits for overdue support, and give notice, review, hearing, and refund procedures to affected members or beneficiaries.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17528. (a) As authorized by subdivision (c) of Section 704.110 of the Code of Civil Procedure, the following actions shall be taken in order to enforce support obligations that are not being met: (1) Within 18 months of implementation of the California Child Support Enforcement System (CSE), or its replacement as prescribed by former Section 10815 of the Welfare and Institutions Code, and certification of CSE or its replacement by the United States Department of Health and Human Services, the department shall compile a file of all support judgments and orders that are being enforced by local child support agencies pursuant to Section 17400 that have sums overdue by at least 60 days or by an amount equal to 60 days of support. (2) The file shall contain the name and social security number of the person who owes overdue support, the amount of overdue support as of the date the file is created, the name of the county in which the support obligation is being enforced by the local child support agency, and any other information that is deemed necessary by the department and the Public Employees’ Retirement System. (3) The department shall provide the certified file to the Public Employees’ Retirement System for the purpose of matching the names in the file with members and beneficiaries of the Public Employees’ Retirement System that are entitled to receive Public Employees’ Retirement System benefits. The department and the Public Employees’ Retirement System shall work cooperatively to develop an interface in order to match the names in their respective electronic data processing systems. The interface required to intercept benefits that are payable periodically shall be done as soon as it is technically feasible. (4) The department shall update the certified file no less than on a monthly basis to add new cases within the local child support agencies or existing cases that become delinquent and to delete persons who are no longer delinquent. The department shall provide the updated file no less than on a monthly basis to the Public Employees’ Retirement System. (5) Information contained in the certified file provided to the Public Employees’ Retirement System by the department and the local child support agencies and information provided by the Public Employees’ Retirement System to the department shall be used exclusively for child support enforcement purposes and may not be used for any other purpose. (b) Notwithstanding any other law, the Public Employees’ Retirement System shall withhold the amount certified from the benefits and refunds to be distributed to members with overdue support obligations or from benefits to be distributed to beneficiaries with overdue support obligations. If the benefits are payable periodically, the amount withheld pursuant to this section shall not exceed the amount permitted to be withheld for an earnings withholding order for support under Section 706.052 of the Code of Civil Procedure. (c) The Public Employees’ Retirement System shall forward the amounts withheld pursuant to subdivision (b) within 10 days of withholding to the department for distribution to the appropriate county. (d) On an annual basis, the department shall notify individuals with overdue support obligations that PERS benefits or PERS contribution refunds may be intercepted for the purpose of enforcing family support obligations. (e) No later than the time of the first withholding, the Public Employees’ Retirement System shall send those persons subject to withholding the following: (1) Notice that the person’s benefits or retirement contribution refund have been reduced by payment on a support judgment pursuant to this section. (2) A form developed by the department that the applicant shall use to request either a review by the local child support agency or a court hearing, as appropriate. (f) The notice shall include the address and telephone number of the local child support agency that is enforcing the support obligation pursuant to Section 17400, and shall specify that the form requesting either a review by the local child support agency or a court hearing must be received by the local child support agency within 20 days of the date of the notice. (g) The form shall include instructions that are designed to enable the member or beneficiary to obtain a review or a court hearing as appropriate on their own behalf. The form shall specify that if the member or beneficiary disputes the amount of support arrearages certified by the local child support agency pursuant to this section, the member or beneficiary may request a review by the local child support agency. (h) The department shall develop procedures that are consistent with this section to be used by each local child support agency in conducting the requested review. The local child support agency shall complete the review in accordance with the procedures developed by the department and shall notify the member or beneficiary of the result of the review within 20 days of receiving the request for review. The notification of review results shall include a request for hearing form and shall inform the member or beneficiary that if the member or beneficiary returns the completed request for hearing form within 20 days of the date of the notice of review results, the local child support agency shall calendar the matter for court review. If the local child support agency cannot complete the review within 20 days, the local child support agency shall calendar the matter for hearing as specified in subdivision (k). (i) The form specified in subdivision (g) shall also notify the member or beneficiary that the member or beneficiary may request a court hearing to claim an exemption of any benefit not payable periodically by returning the completed form to the local child support agency within 20 days. If the local child support agency receives a timely request for a hearing for a claim of exemption, the local child support agency shall calendar a court hearing. The amount of the exemption, if any, shall be determined by the court in accordance with the procedures set forth in Section 703.070 of the Code of Civil Procedure. (j) If the local child support agency receives the form requesting either a review by the local child support agency or a court hearing within the 20 days specified in subdivision (f), the local child support agency shall not distribute the amount intercepted until the review by the local child support agency or the court hearing is completed. If the local child support agency determines that all or a portion of the member’s or beneficiary’s benefits were intercepted in error, or if the court determines that any amount of the benefits are exempt, the local child support agency shall refund any amount determined to be exempt or intercepted in excess of the correct amount to the member or beneficiary within 10 days of determination that a refund is due. (k) A hearing properly requested pursuant to this section shall be calendared by the local child support agency. The hearing shall be held within 20 days from the date that the local child support agency receives the request for hearing. The local child support agency shall provide notice of the time and place for hearing by first-class mail no later than five days prior to the hearing. (l) This section does not limit any existing rights of the member or beneficiary, including, but not limited to, the right to seek a determination of arrearages or other appropriate relief directly from the court. However, if the procedures of this section are not utilized by the member or beneficiary, the court may not require the local child support agency to refund any money that was distributed to the child support obligee prior to the local child support agency receiving notice of a court determination that a refund is due to the member or beneficiary. (m) The Department of Child Support Services and the Public Employees’ Retirement System shall enter into any agreement necessary to implement this section, which shall include provisions for the department to provide funding to the Public Employees’ Retirement System to develop, implement, and maintain the intercept process described in this section. (n) The Public Employees’ Retirement System shall not assess service charges on members or beneficiaries in order to recover any administrative costs resulting from complying with this section. (Amended by Stats. 2019, Ch. 115, Sec. 159. (AB 1817) Effective January 1, 2020.)
  150. 17530.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    If someone says child-support enforcement was wrongly taken against them, they must file a mistaken-identity claim with the local child support agency, which must resolve it. If the claim is meritorious, the agency must stop enforcement and undo related collection actions.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17530. (a) Notwithstanding any other law, this section applies to any actions taken to enforce a judgment or order for support entered as a result of action filed by the local child support agency pursuant to Section 17400, 17402, or 17404, where it is alleged that the enforcement actions have been taken in error against a person who is not the support obligor named in the judgment or order. (b) A person claiming that a support enforcement action has been taken against that person, or the person’s wages or assets, in error, shall file a claim of mistaken identity with the local child support agency. The claim shall include verifiable information or documentation to establish that the person against whom the enforcement actions have been taken is not the person named in the support order or judgment. The local child support agency shall resolve a claim of mistaken identity submitted pursuant to this section in the same manner and timeframes provided for resolution of a complaint pursuant to Section 17800. (c) If the local child support agency determines that a claim filed pursuant to this section is meritorious, or if the court enters an order pursuant to Section 17433, the agency shall immediately take the steps necessary to terminate all enforcement activities with respect to the claimant, to return to the claimant any assets seized, to terminate any levying activities or attachment or assignment orders, to release any license renewal or application being withheld pursuant to Section 17520, to return any sums paid by the claimant pursuant to the judgment or order, including sums paid to any federal, state, or local government, but excluding sums paid directly to the support obligee, and to ensure that all other enforcement agencies and entities cease further actions against the claimant. With respect to a claim filed under this section, the local child support agency shall also provide the claimant with a statement certifying that the claimant is not the support obligor named in the support order or judgment, which statement shall be prima facie evidence of the claimant’s identity in any subsequent enforcement proceedings or actions with respect to that support order or judgment. (d) If the local child support agency rejects a claim pursuant to this section, or if the agency, after finding a claim to be meritorious, fails to take any of the remedial steps provided in subdivision (c), the claimant may file an action with the superior court to establish the mistaken identity or to obtain the remedies described in subdivision (c), or both. (e) Filing a false claim pursuant to this section shall be a misdemeanor. (Amended by Stats. 2019, Ch. 115, Sec. 160. (AB 1817) Effective January 1, 2020.)
  151. 17531.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    When a local child support agency closes a case with summary criminal history information, it must delete, purge, and destroy related offense records, except records about failure to support minor children.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17531. When a local child support agency closes a child support case containing summary criminal history information, the local child support agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than offenses related to the parent’s having failed to provide support for minor children, no later than four years and four months, or any other timeframe that is consistent with federal regulations controlling child support records retention, after the date the local child support agency closes the case. (Added by Stats. 2000, Ch. 808, Sec. 91. Effective September 28, 2000.)
  152. 17540.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department generally may pay county reimbursement claims only if they are filed within nine months after the end of the calendar quarter when the costs were paid.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17540. (a) (1) Commencing July 1, 2000, the department shall pay only those county claims for federal or state reimbursement under this division which are filed with the department within nine months of the end of the calendar quarter in which the costs are paid. A claim filed after that time may only be paid if the claim falls within the exceptions set forth in federal law. (2) The department may change the nine-month limitation specified in paragraph (1), as deemed necessary by the department to comply with federal changes which affect time limits for filing a claim. (b) (1) The department may waive the time limit imposed by subdivision (a) if the department determines there was good cause for a county’s failure to file a claim or claims within the time limit. (2) (A) For purposes of this subdivision, “good cause” means circumstances which are beyond the county’s control, including acts of God and documented action or inaction by the state or federal government. (B) “Circumstances beyond the county’s control” do not include neglect or failure on the part of the county or any of its offices, officers, or employees. (C) A county shall request a waiver of the time limit imposed by this section for good cause in accordance with regulations adopted and promulgated by the department. (3) The department’s authority to waive the time limit under this subdivision shall be subject to the availability of funds and shall not apply to claims submitted more than 18 months after the end of the calendar quarter in which costs were paid. (Added by Stats. 2000, Ch. 808, Sec. 92. Effective September 28, 2000.)
  153. 17550.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The Department of Child Support Services must set regulations for when local child support agencies may compromise certain public assistance debts, and local agencies must consult the county child welfare department before doing so in some cases.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17550. (a) The Department of Child Support Services, in consultation with the State Department of Social Services, shall establish regulations by which the local child support agency, in any case of separation or desertion of a parent from a child that results in aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code being granted to the child, may compromise the obligor parent or parents’ liability for public assistance debt, including interest thereon, owed to the state where the child for whom public assistance was paid is residing with the obligor parent, and all of the following conditions are met: (1) The obligor parent establishes one of the following: (A) The child has been adjudged a dependent of the court under Section 300 of the Welfare and Institutions Code and the child has been reunified with the obligor parent pursuant to a court order. (B) The child received public assistance while living with a guardian or relative caregiver and the child has been returned to the custody of the obligor parent, provided that the obligor parent for whom the debt compromise is being considered was the parent with whom the child resided prior to the child’s placement with the guardian or relative caregiver. (2) The obligor parent, for whom the debt compromise is being considered, has an income less than 250 percent of the current federal poverty level. (3) The local child support agency, pursuant to regulations set forth by the department, has determined that the compromise is necessary for the child’s support. (b) Prior to compromising an obligor parent’s liability for debt incurred for either AFDC-FC payments provided to a child pursuant to Section 11400 of the Welfare and Institutions Code, or incurred for CalWORKs payments provided on behalf of a child, the local child support agency shall consult with the county child welfare department. (c) This section does not relieve an obligor, who has not been reunified with their child, of any liability for public assistance debt. (d) For the purposes of this section, the following definitions apply: (1) “Guardian” means the legal guardian of the child, who assumed care and control of the child while the child was in the guardian’s control, and who is not a biological or adoptive parent. (2) “Relative caregiver” means a relative as defined in subdivision (c) of Section 11362 of the Welfare and Institutions Code, who assumed primary responsibility for the child while the child was in the relative’s care and control, and who is not a biological or adoptive parent. (e) The department shall promulgate all necessary regulations pursuant to this section on or before October 1, 2002, including regulations that set forth guidelines to be used by the local child support agency when compromising public assistance debt. (Amended by Stats. 2019, Ch. 115, Sec. 161. (AB 1817) Effective January 1, 2020.)
  154. 17552.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    State social services must issue regulations for county child welfare agencies to decide whether certain child-support cases should be referred, and agencies must follow the best-interest and periodic review rules.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17552. (a) (1) The State Department of Social Services, in consultation with the Department of Child Support Services, shall promulgate regulations by which the county child welfare department, in any case of separation or desertion of a parent or parents from a child that results in foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of, or aid under subdivision (b) of Section 10101 of, the Welfare and Institutions Code, shall determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. If reunification services are not offered or are terminated, the case may be referred to the local child support agency, unless the child’s permanent plan is legal guardianship with a relative who is receiving Kin-GAP and the payment of support by the parent may compromise the stability of the current placement with the related guardian, or the permanent plan is transitional foster care for the nonminor under Section 11403 of the Welfare and Institutions Code. In making the determination, the department regulations shall provide the factors the county child welfare department shall consider, including: (A) Whether the payment of support by the parent will pose a barrier to the proposed reunification, in that the payment of support will compromise the parent’s ability to meet the requirements of the parent’s reunification plan. (B) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s current or future ability to meet the financial needs of the child. (2) The department’s regulations shall require the county welfare department, in making the determination pursuant to paragraph (1), to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification. (b) The department regulations shall provide that, when the county child welfare department determines that it is not in the best interest of the child to seek a support order against the parent, the county child welfare department shall refrain from referring the case to the local child support agency. The regulations shall define those circumstances in which it is not in the best interest of the child to refer the case to the local child support agency. The regulations shall include the presumption described in paragraph (2) of subdivision (a) that the payment of support by the parent is likely to pose a barrier to the proposed reunification. (c) The department regulations shall provide, when the county child welfare department determines that it is not in the child’s best interest to have the case referred to the local child support agency, the county child welfare department shall review that determination periodically to coincide with the redetermination of AFDC-FC eligibility under Section 11401.5 of, or the CalWORKs eligibility under Section 11265 of, or Kin-GAP eligibility under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, the Welfare and Institutions Code, and shall refer the child’s case to the local child support agency upon a determination that, due to a change in the child’s circumstances, it is no longer contrary to the child’s best interest to have the case referred to the local child support agency. (d) Notwithstanding any other law, a nonminor dependent, as described in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is over 19 years of age, is not a child for purposes of referral to the local child support agency for collection or enforcement of child support. (e) Notwithstanding any other law, a minor or a nonminor dependent, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who has a minor child placed in the same licensed or approved facility pursuant to Section 11401.4 of the Welfare and Institutions Code is not a parent for purposes of referral to the local child support agency for collection or enforcement of child support. (f) The State Department of Social Services shall revise its regulations to implement the changes made by the act that added this subdivision on or before October 1, 2023. (Amended by Stats. 2023, Ch. 131, Sec. 61. (AB 1754) Effective January 1, 2024.)
  155. 17555.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    This section conditions certain child support funding on planning, performance-based distribution, staffing use, and reporting requirements.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17555. (a) Any appropriation made available in the annual Budget Act for the purposes of augmenting funding for local child support agencies in the furtherance of their revenue collection responsibilities shall be subject to all of the following requirements: (1) Each local child support agency shall submit to the department an early intervention plan with all components to take effect upon receipt of their additional allocation as a result of this proposal. (2) Funds shall be distributed to counties based on their performance on the following two federal performance measures: (A) Measure 3: Collections on Current Support. (B) Measure 4: Cases with Collections on Arrears. (3) A local child support agency shall be required to use and ensure that 100 percent of the new funds allocated are dedicated to maintaining caseworker staffing levels in order to stabilize child support collections. (4) At the end of each fiscal year that this augmentation is in effect, the department shall provide a report on the cost-effectiveness of this augmentation, including an assessment of caseload changes over time. (b) It is the intent of the Legislature to review the results of this augmentation and the level of related appropriation during the legislative budget review process. (Amended by Stats. 2012, Ch. 728, Sec. 38. (SB 71) Effective January 1, 2013.)
  156. 17556.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must submit a report to the Legislature by March 1, 2019, and every year after that.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17556. On or before March 1, 2019, and annually thereafter, the department shall submit a report to the Legislature providing information on the status of all of the following: (a) Case-to-staff ratios for each local child support agency. (b) Collections to families and recoupment collections to county, state, and federal governmental agencies. (c) Cost avoidance benefits. (d) The number of families served by the child support program. (Added by Stats. 2018, Ch. 35, Sec. 2. (AB 1811) Effective June 27, 2018.)
  157. 17560.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must run a statewide program to compromise child support arrears, with rules for when offers may be accepted, rescinded, delegated, filed, and reviewed.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 2. Collections and Enforcement [17500 - 17560] ( Article 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17560. (a) The department shall establish and operate a statewide compromise of arrears program pursuant to which the department may accept offers in compromise of child support arrears and interest accrued thereon owed to the state for reimbursement of aid paid pursuant to Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code. The program shall operate uniformly across California and shall take into consideration the needs of the children subject to the child support order and the obligor’s ability to pay. (b) If the obligor owes current child support, the offer in compromise shall require the obligor to be in compliance with the current support order for a set period of time before any arrears and interest accrued thereon may be compromised. (c) Absent a finding of good cause, or a determination by the director that it is in the best interest of the state to do otherwise, any offer in compromise entered into pursuant to this section shall be rescinded, all compromised liabilities shall be reestablished notwithstanding any statute of limitations that otherwise may be applicable, and no portion of the amount offered in compromise may be refunded, if either of the following occurs: (1) The department or local child support agency determines that the obligor did any of the following acts regarding the offer in compromise: (A) Concealed from the department or local child support agency any income, assets, or other property belonging to the obligor or any reasonably anticipated receipt of income, assets, or other property. (B) Intentionally received, withheld, destroyed, mutilated, or falsified any information, document, or record, or intentionally made any false statement, relating to the financial conditions of the obligor. (2) The obligor fails to comply with any of the terms and conditions of the offer in compromise. (d) Pursuant to subdivision (k) of Section 17406, in no event may the administrator, director, or director’s designee within the department, accept an offer in compromise of any child support arrears owed directly to the custodial party unless that party consents to the offer in compromise in writing and participates in the agreement. Prior to giving consent, the custodial party shall be provided with a clear written explanation of the rights with respect to child support arrears owed to the custodial party and the compromise thereof. (e) Subject to the requirements of this section, the director shall delegate to the administrator of a local child support agency the authority to compromise an amount of child support arrears up to five thousand dollars ($5,000), and may delegate additional authority to compromise up to an amount determined by the director to support the effective administration of the offers in compromise program. (f) For an amount to be compromised under this section, the following conditions shall exist: (1) (A) The administrator, director or director’s designee within the department determines that acceptance of an offer in compromise is in the best interest of the state and that the compromise amount equals or exceeds what the state can expect to collect for reimbursement of aid paid pursuant to Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code in the absence of the compromise, based on the obligor’s ability to pay. (B) Acceptance of an offer in compromise shall be deemed to be in the best interest of the state, absent a finding of good cause to the contrary, with regard to arrears that accrued as a result of a decrease in income when an obligor was a reservist or member of the National Guard, was activated to United States military service, and failed to modify the support order to reflect the reduction in income. Good cause to find that the compromise is not in the best interest of the state shall include circumstances in which the service member’s failure to seek, or delay in seeking, the modification were not reasonable under the circumstances faced by the service member. The director, no later than 90 days after the effective date of the act adding this subparagraph, shall establish rules that compromise, at a minimum, the amount of support that would not have accrued had the order been modified to reflect the reduced income earned during the period of active military service. (2) Any other terms and conditions that the director establishes that may include, but may not be limited to, paying current support in a timely manner, making lump-sum payments, and paying arrears in exchange for compromise of interest owed. (3) The obligor shall provide evidence of income and assets, including, but not limited to, wage stubs, tax returns, and bank statements as necessary to establish all of the following: (A) That the amount set forth in the offer in compromise of arrears owed is the most that can be expected to be paid or collected from the obligor’s present assets or income. (B) That the obligor does not have reasonable prospects of acquiring increased income or assets that would enable the obligor to satisfy a greater amount of the child support arrears than the amount offered, within a reasonable period of time. (C) That the obligor has not withheld payment of child support in anticipation of the offers in compromise program. (g) A determination by the administrator, director or the director’s designee within the department that it would not be in the best interest of the state to accept or rescind an offer in compromise in satisfaction of child support arrears shall be final and not subject to the provisions of Chapter 5 (commencing with Section 17800) of Division 17, or subject to judicial review. (h) Any offer in compromise entered into pursuant to this section shall be filed with the appropriate court. The local child support agency shall notify the court if the compromise is rescinded pursuant to subdivision (c). (i) Any compromise of child support arrears pursuant to this section shall maximize to the greatest extent possible the state’s share of the federal performance incentives paid pursuant to the Child Support Performance and Incentive Act of 1998 and shall comply with federal law. (j) The department shall ensure uniform application of this section across the state. (Amended by Stats. 2008, Ch. 759, Sec. 16. Effective September 30, 2008.)
  158. 17600.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Program Compliance [17600 - 17604] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Participating counties must report specified child support performance data to the department, and the department must compile and share the information on set schedules.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Program Compliance [17600 - 17604] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17600. (a) The Legislature finds and declares all of the following: (1) The Legislative Analyst has found that county child support enforcement programs provide a net increase in revenues to the state. (2) The state has a fiscal interest in ensuring that county child support enforcement programs perform efficiently. (3) The state does not provide information to counties on child support enforcement programs, based on common denominators that would facilitate comparison of program performance. (4) Providing this information would allow county officials to monitor program performance and to make appropriate modifications to improve program efficiency. (5) This information is required for effective management of the child support program. (b) Except as provided in this subdivision commencing with the 1998–99 fiscal year, and for each fiscal year thereafter, each county that is participating in the state incentive program described in Section 17704 shall provide to the department, and the department shall compile from this county child support information, monthly and annually, all of the following performance-based data, as established by the federal incentive funding system, provided that the department may revise the data required by this paragraph in order to conform to the final federal incentive system data definitions: (1) One of the following data relating to paternity establishment, as required by the department, provided that the department shall require all counties to report on the same measurement: (A) The total number of children in the caseload governed by Part D (commencing with Section 451) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.), as of the end of the federal fiscal year, who were born to unmarried parents for whom paternity was established or acknowledged, and the total number of children in that caseload, as of the end of the preceding federal fiscal year, who were born to unmarried parents. (B) The total number of minor children who were born in the state to unmarried parents for whom paternity was established or acknowledged during a federal fiscal year, and the total number of children in the state born to unmarried parents during the preceding calendar year. (2) The number of cases governed by Part D (commencing with Section 451) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.) during the federal fiscal year and the total number of those cases with support orders. (3) The total dollars collected during the federal fiscal year for current support in cases governed by Part D (commencing with Section 451) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.) and the total number of dollars owing for current support during that federal fiscal year in cases governed by those provisions. (4) The total number of cases for the federal fiscal year governed by Part D (commencing with Section 451) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.) in which payment was being made toward child support arrearages and the total number of cases for that fiscal year governed by these federal provisions that had child support arrearages. (5) The total number of dollars collected and expended during a federal fiscal year in cases governed by Part D (commencing with Section 451) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.). (6) The total amount of child support dollars collected during a federal fiscal year, and, if and when required by federal law, the amount of these collections broken down by collections distributed on behalf of current recipients of federal Temporary Assistance for Needy Families block grant funds or federal foster care funds, on behalf of former recipients of federal Temporary Assistance for Needy Families block grant funds or federal foster care funds, or on behalf of persons who have never been recipients of these federal funds. (c) In addition to the information required by subdivision (b), the department shall collect, on a monthly basis, from each county that is participating in the state incentive program described in Section 17704, information on the local child support agency for each federal fiscal year, and shall report semiannually on all of the following performance measurements: (1) The percentage of cases with collections of current support. This percentage shall be calculated by dividing the number of cases with an order for current support by the number of those cases with collections of current support. The number of cases with support collected shall include only the number of cases actually receiving a collection, not the number of payments received. Cases with a medical support order that do not have an order for current support may not be counted. (2) The average amount collected per case for all cases with collections. (3) The percentage of cases that had a support order established during the period. A support order shall be counted as established only when the appropriate court has issued an order for child support, including an order for temporary child support, or an order for medical support. (4) The total cost of administering the local child support agency, including the federal, state, and county share of the costs, and the federal and state incentives received by each county. The total cost of administering the program shall be broken down by the following: (A) The direct costs of the program, broken down further by total employee salaries and benefits, a list of the number of employees broken down into at least the following categories: attorneys, administrators, caseworkers, investigators, and clerical support; contractor costs; space charges; and payments to other county agencies. Employee salaries and numbers need only be reported in the annual report. (B) The indirect costs, showing all overhead charges. (5) In addition, the local child support agency shall report monthly on measurements developed by the department that provide data on the following: (A) Locating obligors. (B) Obtaining and enforcing medical support. (C) Providing customer service. (D) Any other measurements that the director determines to be an appropriate determination of a local child support agency’s performance. (6) A county may apply for an exemption from any or all of the reporting requirements of this subdivision for a fiscal year by submitting an application for the exemption to the department at least three months prior to the commencement of the fiscal year or quarter for which the exemption is sought. A county shall provide a separate justification for each data element under this subdivision for which the county is seeking an exemption and the cost to the county of providing the data. The department may not grant an exemption for more than one year. The department may grant a single exemption only if both of the following conditions are met: (A) The county cannot compile the data being sought through its existing automated system or systems. (B) The county cannot compile the data being sought through manual means or through an enhanced automated system or systems without significantly harming the child support collection efforts of the county. (d) After implementation of the statewide automated system, in addition to the information required by subdivision (b), the Department of Child Support Services shall collect, on a monthly basis, from each county that is participating in the state incentive program described in Section 17704, information on the county child support enforcement program beginning with the 1998–99 fiscal year or a later fiscal year, as appropriate, and for each subsequent fiscal year, and shall report semiannually on all of the following measurements: (1) For each of the following support collection categories, the number of cases with support collected shall include only the number of cases actually receiving a collection, not the number of payments received. (A) (i) The number of cases with collections for current support. (ii) The number of cases with arrears collections only. (iii) The number of cases with both current support and arrears collections. (B) For cases with current support only due: (i) The number of cases in which the full amount of current support owed was collected. (ii) The number of cases in which some amount of current support, but less than the full amount of support owed, was collected. (iii) The number of cases in which no amount of support owed was collected. (C) For cases in which arrears only were owed: (i) The number of cases in which all arrears owed were collected. (ii) The number of cases in which some amount of arrears, but less than the full amount of arrears owed, was collected. (iii) The number of cases in which no amount of arrears owed was collected. (D) For cases in which both current support and arrears are owed: (i) The number of cases in which the full amount of current support and arrears owed was collected. (ii) The number of cases in which some amount of current support and arrears, but less than the full amount of support owed, was collected. (iii) The number of cases in which no amount of support owed was collected. (E) The total number of cases in which an amount was due for current support only. (F) The total number of cases in which an amount was due for both current support and arrears. (G) The total number of cases in which an amount was due for arrears only. (H) For cases with current support due, the number of cases without orders for medical support and the number of cases with an order for medical support. (2) The number of alleged fathers or obligors who were served with a summons and complaint to establish paternity or a support order, and the number of alleged fathers or obligors for whom it is required that paternity or a support order be established. In order to be counted under this paragraph, the alleged father or obligor shall be successfully served with process. An alleged father shall be counted under this paragraph only once if served with process simultaneously for both a paternity and a support order proceeding for the same child or children. For purposes of this paragraph, a support order shall include a medical support order. (3) The number of new asset seizures or successful initial collections on a wage assignment for purposes of child support collection. For purposes of this paragraph, a collection made on a wage assignment shall be counted only once for each wage assignment issued. (4) The number of children requiring paternity establishment and the number of children for whom paternity has been established during the period. Paternity may only be established once for each child. A child for whom paternity is not at issue shall not be counted in the number of children for whom paternity has been established. For this purpose, paternity is not at issue if the parents were married and neither parent challenges paternity or a voluntary paternity declaration has been executed by the parents prior to the local child support agency obtaining the case and neither parent challenges paternity. (5) The number of cases requiring that a support order be established and the number of cases that had a support order established during the period. A support order shall be counted as established only when the appropriate court has issued an order for child support, including an order for temporary child support, or an order for medical support. (6) The total cost of administering the local child support agency, including the federal, state, and county share of the costs and the federal and state incentives received by each county. The total cost of administering the program shall be broken down by the following: (A) The direct costs of the program, broken down further by total employee salaries and benefits, a list of the number of employees broken down into at least the following categories: attorneys, administrators, caseworkers, investigators, and clerical support; contractor costs; space charges; and payments to other county agencies. Employee salaries and numbers need only be reported in the annual report. (B) The indirect costs, showing all overhead charges. (7) The total child support collections due, broken down by current support, interest on arrears, and principal, and the total child support collections that have been collected, broken down by current support, interest on arrears, and principal. (8) The actual case status for all cases in the county child support enforcement program. Each case shall be reported in one case status only. If a case falls within more than one status category, it shall be counted in the first status category of the list set forth below in which it qualifies. The following shall be the case status choices: (A) No support order, location of obligor parent required. (B) No support order, alleged obligor parent located and paternity required. (C) No support order, location and paternity not at issue but support order must be established. (D) Support order established with current support obligation and obligor is in compliance with support obligation. (E) Support order established with current support obligation, obligor is in arrears, and location of obligor is necessary. (F) Support order established with current support obligation, obligor is in arrears, and location of obligor’s assets is necessary. (G) Support order established with current support obligation, obligor is in arrears, and no location of obligor or obligor’s assets is necessary. (H) Support order established with current support obligation, obligor is in arrears, the obligor is located, but the local child support agency has established satisfactorily that the obligor has no income or assets and no ability to earn. (I) Support order established with current support obligation and arrears, obligor is paying the current support and is paying some or all of the interest on the arrears, but is paying no principal. (J) Support order established for arrears only and obligor is current in repayment obligation. (K) Support order established for arrears only, obligor is not current in arrears repayment schedule, and location of obligor is required. (L) Support order established for arrears only, obligor is not current in arrears repayment schedule, and location of obligor’s assets is required. (M) Support order established for arrears only, obligor is not current in arrears repayment schedule, and no location of obligor or obligor’s assets is required. (N) Support order established for arrears only, obligor is not current in arrears repayment, and the obligor is located, but the local child support agency has established satisfactorily that the obligor has no income or assets and no ability to earn. (O) Support order established for arrears only and obligor is repaying some or all of the interest, but no principal. (P) Other, if necessary, to be defined in the regulations promulgated under subdivision (e). (e) Upon implementation of the statewide automated system, or at the time that the department determines that compliance with this subdivision is possible, whichever is earlier, each county that is participating in the state incentive program described in Section 17704 shall collect and report, and the department shall compile for each participating county, information on the county child support program in each fiscal year, all of the following data, in a manner that facilitates comparison of counties and the entire state, except that the department may eliminate or modify the requirement to report any data mandated to be reported pursuant to this subdivision if the department determines that the local child support agencies are unable to accurately collect and report the information or that collecting and reporting of the data by the local child support agencies will be onerous: (1) The number of alleged obligors or fathers who receive CalWORKs benefits, CalFresh benefits, and Medi-Cal benefits. (2) The number of obligors or alleged fathers who are in state prison or county jail. (3) The number of obligors or alleged fathers who do not have a social security number. (4) The number of obligors or alleged fathers whose address is unknown. (5) The number of obligors or alleged fathers whose complete name, consisting of at least a first and last name, is not known by the local child support agency. (6) The number of obligors or alleged fathers who filed a tax return with the Franchise Tax Board in the last year for which a data match is available. (7) The number of obligors or alleged fathers who have no income reported to the Employment Development Department during the third quarter of the fiscal year. (8) The number of obligors or alleged fathers who have income between one dollar ($1) and five hundred dollars ($500) reported to the Employment Development Department during the third quarter of the fiscal year. (9) The number of obligors or alleged fathers who have income between five hundred one dollars ($501) and one thousand five hundred dollars ($1,500) reported to the Employment Development Department during the third quarter of the fiscal year. (10) The number of obligors or alleged fathers who have income between one thousand five hundred one dollars ($1,501) and two thousand five hundred dollars ($2,500) reported to the Employment Development Department during the third quarter of the fiscal year. (11) The number of obligors or alleged fathers who have income between two thousand five hundred one dollars ($2,501) and three thousand five hundred dollars ($3,500) reported to the Employment Development Department during the third quarter of the fiscal year. (12) The number of obligors or alleged fathers who have income between three thousand five hundred one dollars ($3,501) and four thousand five hundred dollars ($4,500) reported to the Employment Development Department during the third quarter of the fiscal year. (13) The number of obligors or alleged fathers who have income between four thousand five hundred one dollars ($4,501) and five thousand five hundred dollars ($5,500) reported to the Employment Development Department during the third quarter of the fiscal year. (14) The number of obligors or alleged fathers who have income between five thousand five hundred one dollars ($5,501) and six thousand five hundred dollars ($6,500) reported to the Employment Development Department during the third quarter of the fiscal year. (15) The number of obligors or alleged fathers who have income between six thousand five hundred one dollars ($6,501) and seven thousand five hundred dollars ($7,500) reported to the Employment Development Department during the third quarter of the fiscal year. (16) The number of obligors or alleged fathers who have income between seven thousand five hundred one dollars ($7,501) and nine thousand dollars ($9,000) reported to the Employment Development Department during the third quarter of the fiscal year. (17) The number of obligors or alleged fathers who have income exceeding nine thousand dollars ($9,000) reported to the Employment Development Department during the third quarter of the fiscal year. (18) The number of obligors or alleged fathers who have two or more employers reporting earned income to the Employment Development Department during the third quarter of the fiscal year. (19) The number of obligors or alleged fathers who receive unemployment benefits during the third quarter of the fiscal year. (20) The number of obligors or alleged fathers who receive state disability benefits during the third quarter of the fiscal year. (21) The number of obligors or alleged fathers who receive workers’ compensation benefits during the third quarter of the fiscal year. (22) The number of obligors or alleged fathers who receive Social Security Disability Insurance benefits during the third quarter of the fiscal year. (23) The number of obligors or alleged fathers who receive Supplemental Security Income/State Supplementary Program for the Aged, Blind and Disabled benefits during the third quarter of the fiscal year. (f) The department, in consultation with the Legislative Analyst’s Office, the Judicial Council, the California Family Support Council, and child support advocates, shall develop regulations to ensure that all local child support agencies report the data required by this section uniformly and consistently throughout California. (g) For each federal fiscal year, the department shall provide the information for all participating counties to each member of a county board of supervisors, county executive officer, local child support agency, and the appropriate policy committees and fiscal committees of the Legislature on or before June 30, of each fiscal year. The department shall provide data semiannually, based on the federal fiscal year, on or before December 31, of each year. The department shall present the information in a manner that facilitates comparison of county performance. (h) For purposes of this section, “case” means a noncustodial parent, whether mother, father, or putative father, who is, or eventually may be, obligated under law for support of a child or children. For purposes of this definition, a noncustodial parent shall be counted once for each family that has a dependent child they may be obligated to support. (i) This section shall be operative only for as long as Section 17704 requires participating counties to report data to the department. (Amended by Stats. 2019, Ch. 115, Sec. 163. (AB 1817) Effective January 1, 2020. Section conditionally inoperative as prescribed by its own provisions.)
  159. 17601.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Program Compliance [17600 - 17604] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must give the Legislature quarterly child support collections performance data, post the data on its website, and require local child support agency websites to link to the state website.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Program Compliance [17600 - 17604] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17601. The department shall provide to the Legislature actual performance data on child support collections within 60 days of the end of each quarter. This data shall include all comparative data for managing program performance currently provided to local child support agencies, including national, state, and local performance data, as available. The department shall prominently post the data on its Web site, and shall require all local child support agency Web sites to prominently post a link to the state Web site. The department shall update the Legislature during the annual budget subcommittee hearing process, commencing in 2008, on the state and local progress on child support federal performance measures and collections. (Added by Stats. 2007, Ch. 177, Sec. 1. Effective August 24, 2007.)
  160. 17602.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Program Compliance [17600 - 17604] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must use federal minimum standards and work with local child support agencies to set annual performance targets, and the director must oversee compliance through a phased review process if an agency falls out of compliance.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Program Compliance [17600 - 17604] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17602. (a) The department shall adopt the federal minimum standards as the baseline standard of performance for the local child support agencies and work in consultation with the local child support agencies to develop program performance targets on an annual federal fiscal year basis. The performance measures shall include, at a minimum, the federal performance measures and the state performance measures, as described in subdivision (c) of Section 17600. The program performance targets shall represent ongoing improvement in the performance measures for each local child support agency, as well as the department’s statewide performance level. (b) In determining the performance measures in subdivision (a), the department shall consider the total amount of uncollected child support arrearages that are realistically collectible. The director shall analyze, in consultation with local child support agencies and child support advocates, the current amount of uncollected child support arrearages statewide and in each county to determine the amount of child support that may realistically be collected. The director shall consider, in conducting the analysis, factors that may influence collections, including demographic factors such as welfare caseload, levels of poverty and unemployment, rates of incarceration of obligors, and age of delinquencies. The director shall use this analysis to establish program priorities as provided in paragraph (7) of subdivision (b) of Section 17306. (c) The department shall use the performance-based data, and the criteria for that data, as set forth in Section 17600 to determine a local child support agency’s performance measures for the quarter. (d) The director shall adopt a three phase process to be used statewide when a local child support agency is out of compliance with the performance standards adopted pursuant to subdivision (a), or the director determines that the local child support agency is failing in a substantial manner to comply with any provision of the state plan, the provisions of this code, the requirements of federal law, the regulations of the department, or the cooperative agreement. The director shall adopt policies as to the implementation of each phase, including requirements for measurement of progress and improvement, which shall be met as part of the performance improvement plan specified in paragraphs (1) and (2), in order to avoid implementation of the next phase of compliance. The director shall not implement any of these phases until July 1, 2001, or until six months after a local child support agency has completed its transition from the office of the district attorney to the new county department of child support services, whichever is later. The phases shall include the following: (1) Phase I: Development of a performance improvement plan that is prepared jointly by the local child support agency and the department, subject to the department’s final approval. The plan shall provide performance expectations and goals for achieving compliance with the state plan and other state and federal laws and regulations that must be reviewed and assessed within specific timeframes in order to avoid execution of Phase II. (2) Phase II: Onsite investigation, evaluation, and oversight of the local child support agency by the department. The director shall appoint program monitoring teams to make site visits, conduct educational and training sessions, and help the local child support agency identify and attack problem areas. The program monitoring teams shall evaluate all aspects of the functions and performance of the local child support agency, including compliance with state and federal laws and regulations. Based on these investigations and evaluations, the program monitoring team shall develop a final performance improvement plan and shall oversee implementation of all recommendations made in the plan. The local child support agency shall adhere to all recommendations made by the program monitoring team. The plan shall provide performance expectations and compliance goals that must be reviewed and assessed within specific timeframes in order to avoid execution of Phase III. (3) Phase III: The director shall assume, either directly or through agreement with another entity, responsibility for the management of the child and spousal support enforcement program in the county until the local child support agency provides reasonable assurances to the director of its intention and ability to comply. During the period of state management responsibility, the director or an authorized representative shall have all of the powers and responsibilities of the local child support agency concerning the administration of the program. The local child support agency shall be responsible for providing any funds necessary for the continued operation of the program. If the local child support agency fails or refuses to provide these funds, including a sufficient amount to reimburse any and all costs incurred by the department in managing the program, the Controller may deduct an amount certified by the director as necessary for the continued operation of the program by the department from any state or federal funds payable to the county for any purpose. (e) The director shall report in writing to the Legislature semiannually, beginning July 1, 2001, on the status of the state child support enforcement program. The director shall submit data semiannually to the Legislature, the Governor, and the public, on the progress of all local child support agencies in each performance measure, including identification of the local child support agencies that are out of compliance, the performance measures that they have failed to satisfy, and the performance improvement plan that is being taken for each. (Amended by Stats. 2019, Ch. 115, Sec. 164. (AB 1817) Effective January 1, 2020.)
  161. 17604.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Program Compliance [17600 - 17604] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The director must notify a public agency in writing if it is substantially out of compliance, and the agency has 45 days to respond with proof of full compliance or an acceptable compliance plan.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 3. Program Compliance [17600 - 17604] ( Article 3 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17604. (a) (1) If at any time the director considers any public agency, that is required by law, by delegation of the department, or by cooperative agreement to perform functions relating to the state plan for securing child and spousal support and determining paternity, to be failing in a substantial manner to comply with any provision of the state plan, the director shall put that agency on written notice to that effect. (2) The state plan concerning spousal support shall apply only to spousal support included in a child support order. (3) In this chapter the term spousal support shall include support for a former spouse. (b) After receiving notice, the public agency shall have 45 days to make a showing to the director of full compliance or set forth a compliance plan that the director finds to be satisfactory. (c) If the director determines that there is a failure on the part of that public agency to comply with the provisions of the state plan, or to set forth a compliance plan that the director finds to be satisfactory, or if the state certifies to the director that the public agency is not in conformity with applicable merit system standards under Part 2.5 (commencing with Section 19800) of Division 5 of Title 2 of the Government Code, and that sanctions are necessary to secure compliance, the director shall withhold part or all of state and federal funds, including incentive funds, from that public agency until the public agency shall make a showing to the director of full compliance. (d) After sanctions have been invoked pursuant to subdivision (c), if the director determines that there remains a failure on the part of the public agency to comply with the provisions of the state plan, the director may remove that public agency from performing any part or all of the functions relating to the state plan. (e) In the event of any other audit or review that results in the reduction or modification of federal funding for the program under Part D (commencing with Section 652) of Subchapter IV of Title 42 of the United States Code, the sanction shall be assessed against those counties specifically cited in the federal findings in the amount cited in those findings. (f) The department shall establish a process whereby any county assessed a portion of any sanction may appeal the department’s decision. (g) Nothing in this section shall be construed as relieving the board of supervisors of the responsibility to provide funds necessary for the continued operation of the state plan as required by law. (Amended by Stats. 2013, Ch. 427, Sec. 1. (AB 1062) Effective January 1, 2014.)
  162. 177.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. Indian Children [170 - 185] ( Part 3 added by Stats. 2006, Ch. 838, Sec. 1. )

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    In an Indian child custody proceeding, the court must apply the listed Welfare and Institutions Code sections and specified court rules, and certain references in those provisions are read to mean the party seeking foster care placement, guardianship, or adoption under this code.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. Indian Children [170 - 185] ( Part 3 added by Stats. 2006, Ch. 838, Sec. 1. ) ## 177. (a) In an Indian child custody proceeding, the court shall apply Sections 224.2 to 224.6, inclusive, and Sections 305.5, 361.31, and 361.7 of the Welfare and Institutions Code, and the following rules from the California Rules of Court, as they read on January 1, 2007: (1) Paragraph (7) of subdivision (b) of Rule 5.530. (2) Subdivision (i) of Rule 5.534. (b) In the provisions cited in subdivision (a), references to social workers, probation officers, county welfare department, or probation department shall be construed as meaning the party seeking a foster care placement, guardianship, or adoption under this code. (c) This section shall only apply to proceedings involving an Indian child. (Amended by Stats. 2007, Ch. 130, Sec. 85. Effective January 1, 2008.)
  163. 17701.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Local child support agencies must run a quality assurance and performance improvement program, and the department must issue regulations to implement the section.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17701. (a) There is established within California’s child support program a quality assurance and performance improvement program, pursuant to which local child support agencies, in partnership with the Department of Child Support Services, shall monitor and measure program performance and compliance, and ensure the implementation of actions necessary to meet state and federal requirements and to continuously improve the quality of child support program services. (b) Under the direction and oversight of the department, each local child support agency shall implement a quality assurance and performance improvement program that shall include, at a minimum, all of the following: (1) An annual planning process that incorporates statewide standards and requirements, and establishes local performance goals that the department and local agency agree are appropriate. (2) The inclusion of local performance goals and other performance-related measures in the local child support agency’s Plan of Cooperation agreement with the department. (3) Implementation of actions necessary to promote the delivery of enhanced program services and improved performance. (4) An ongoing self-assessment process that evaluates progress in achieving performance improvement and compliance with program requirements. (5) Regular and ongoing oversight by the department, including onsite reviews and the provision of technical assistance. (c) The department shall promulgate regulations to implement this section. (Added by Stats. 2003, Ch. 308, Sec. 6. Effective January 1, 2004.)
  164. 17702.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must regularly review county compliance with child support laws, and counties not in compliance may need a certified corrective action plan to keep state incentives.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17702. (a) The department shall assess, at least once every three years, each county’s compliance with federal and state child support laws and regulations in effect for the time period being reviewed, using a statistically valid sample of cases. Counties found to be out of compliance shall be assessed annually, until they are found to be in compliance. The information for the assessment shall be based on reviews conducted and reports produced by either state or county staff, as determined by the department. In addition, in order to meet federal self-assessment requirements, the department shall conduct an annual assessment of the state’s compliance, using a statistically valid statewide sample of cases. (b) A county shall be eligible for the state incentives under Section 17704 only if the department determines that the county is in compliance with all federal and state laws and regulations or if the county has a corrective action plan in place that has been certified by the department pursuant to this subdivision. If a county is determined not to be in compliance the county shall develop and submit a corrective action plan to the department. The department shall certify a corrective action plan if the department determines that the plan will put the county into compliance with federal and state laws and regulations. A county shall be eligible for state incentives under Section 17704 only for any quarter the county remains in compliance with a corrective action plan that has been certified by the department. (c) Counties under a corrective action plan shall be assessed on a quarterly basis until the department determines that they are in compliance with federal and state child support program requirements. (Amended by Stats. 2003, Ch. 308, Sec. 7. Effective January 1, 2004.)
  165. 17702.5.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. )

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    A child support recovery fund is created in the State Treasury and administered by the department.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17702.5. (a) The Child Support Collections Recovery Fund is hereby created in the State Treasury, and shall be administered by the department for the purposes specified in subdivision (c). (b) Except as otherwise provided in this section, the fund shall consist of both of the following: (1) All public moneys transferred by public agencies to the department for deposit into the fund, as permitted under Section 304.30 of Title 45 of the Code of Federal Regulations or any other applicable federal statutes. (2) Any interest that accrues on amounts in the fund. (c) Upon appropriation by the Legislature, all moneys in the fund shall be used to make payments or advances to local child support agencies of the federal share of administrative payments for costs incurred pursuant to this article. (d) Upon repeal of this section, the Legislature intends that any moneys remaining in the fund shall be returned to the federal agency that provides federal financial participation to the department. (Added by Stats. 2001, Ch. 111, Sec. 7. Effective July 30, 2001.)
  166. 17703.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. )

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    This section creates the Child Support Services Advance Fund and sets rules for how the Department of Child Support Services and the Controller handle transfers, warrants, refunds, and erroneous deposits.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17703. (a) A revolving fund in the State Treasury is hereby created to be known as the Child Support Services Advance Fund. All moneys deposited into the fund are for the purpose of making a consolidated payment or advance to counties, state agencies, or other governmental entities, comprised of the state and federal share of costs associated with the programs administered by the Department of Child Support Services, inclusive of the payment of refunds. In addition, the fund may be used for the purpose of making a consolidated payment to a payee, comprised of the state and federal shares of local assistance costs associated with the programs administered by the Department of Child Support Services. (b) Payments or advances of funds to counties, state agencies, or other governmental agencies and other payees doing business with the state that are properly chargeable to appropriations or other funds in the State Treasury, may be made by a Controller’s warrant drawn against the Child Support Services Advance Fund. For every warrant so issued, a remittance advice shall be issued by the Department of Child Support Services to identify the purposes and amounts for which it was drawn. (c) The amounts to be transferred to the Child Support Services Advance Fund at any time shall be determined by the department, and, upon order of the Controller, shall be transferred from the funds and appropriations otherwise properly chargeable. (d) Refunds of amounts disbursed from the Child Support Services Advance Fund shall, on order of the Controller, be deposited in the Child Support Services Advance Fund, and, on order of the Controller, shall be transferred therefrom to the funds and appropriations from which those amounts were originally derived. Claims for amounts erroneously deposited into the Child Support Services Advance Fund shall be submitted by the department to the Controller who, if the claims are approved, shall draw a warrant in payment thereof against the Child Support Services Advance Fund. (e) All amounts increasing the cash balance in the Child Support Services Advance Fund, that were derived from the cancellation of warrants issued therefrom, shall, on order of the Controller, be transferred to the appropriations from which the amounts were originally derived. (Amended by Stats. 2019, Ch. 115, Sec. 165. (AB 1817) Effective January 1, 2020.)
  167. 17704.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. )

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    The department must pay child support incentive payments to counties, and counties can receive state incentives only if they meet the listed reporting and compliance conditions.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17704. (a) For the 1998–99 fiscal year the department shall pay to each county a child support incentive payment. Every county shall receive the federal child support incentive. A county shall receive the state child support incentive if it elects to do both of the following: (1) Comply with the reporting requirements of Section 17600 while federal financial participation is available for collecting and reporting data. (2) Comply with federal and state child support laws and regulations, or has a corrective action plan certified by the department pursuant to Section 17702. The combined federal and state incentive payment shall be 13.6 percent of distributed collections. If the amount appropriated by the Legislature for the state incentives is less than the amount necessary to satisfy each county’s actual incentives pursuant to this section, each county shall receive its proportional share of incentives. (b) (1) Beginning July 1, 1999, the department shall pay to each county a child support incentive for child support collections. Every county shall receive the federal child support incentive. The combined federal and state incentive payments shall be 13.6 percent of distributed collections. In addition to the federal child support incentive, each county may also receive a state child support incentive. A county shall receive the state child support incentive if it elects to do both of the following: (A) Comply with the reporting requirements of Section 17600 while federal financial participation is available for collecting and reporting data. (B) Be in compliance with federal and state child support laws and regulations, or have a performance improvement plan certified by the department pursuant to Section 17702. (2) (A) For purposes of paragraph (1), the federal incentive component shall be each county’s share of the child support incentive payments that the state receives from the federal government, based on the county’s collections. (B) (i) Effective July 1, 1999, and annually thereafter, state funds appropriated for child support incentives shall first be used to fund the administrative costs incurred by local child support agencies in administering the child support program, excluding automation costs as set forth in Section 10085 of the Welfare and Institutions Code, after subtracting all federal financial participation for administrative costs and all federal child support incentives received by the state and passed on to the local child support agencies. The department shall allocate sufficient resources to each local child support agency to fully fund the remaining administrative costs of its budget as approved by the director pursuant to paragraph (9) of subdivision (b) of Section 17306, subject to the appropriation of funding in the annual Budget Act. No later than January 1, 2000, the department shall identify allowable administrative costs that may be claimed for reimbursement from the state, which shall be limited to reasonable amounts in relation to the scope of services and the total funds available. If the total amount of administrative costs claimed in any year exceeds the amount appropriated in the Budget Act, the amount provided to local child support agencies shall be reduced by the percentage necessary to ensure that projected General Fund expenditures do not exceed the amount authorized in the Budget Act. (ii) Effective July 1, 2001, and annually thereafter, after allowable administrative costs are funded under clause (i), the department shall use any remaining unallocated incentive funds appropriated from the prior fiscal year which are hereby reappropriated to implement an incentive program that rewards up to 10 local child support agencies in each year, based on their performance or increase in performance on one or more of the federal performance standards set forth in Section 458 of the federal Social Security Act (42 U.S.C. Sec. 658), or state performance standards set forth in subdivision (a) of Section 17602, as determined by the department. The department shall determine the number of local agencies that receive state incentive funds under this program, subject to a maximum of 10 agencies and shall determine the amount received by each local agency based on the availability of funds and each local child support agency’s proportional share based on the performance standard or standards used. (iii) Any funds received pursuant to this subdivision shall be used only for child support enforcement activities. (c) Each county shall continue to receive its federal child support incentive funding whether or not it elects to participate in the state child support incentive funding program. (d) The department shall provide incentive funds pursuant to this section only during any fiscal year in which funding is provided for that purpose in the Budget Act. (Amended by Stats. 2003, Ch. 308, Sec. 8. Effective January 1, 2004.)
  168. 17708.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Participating county child support enforcement programs must send Section 17600 data to the department quarterly, no later than 15 days after each quarter ends.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17708. (a) This section shall apply to any county that elects to participate in the state incentive program described in Section 17704. (b) Each participating county child support enforcement program shall provide the data required by Section 17600 to the department on a quarterly basis. The data shall be provided no later than 15 days after the end of each quarter. (c) On and after July 1, 1998, a county shall be required to comply with the provisions of this section only during fiscal years in which funding is provided for that purpose in the Budget Act. (Amended by Stats. 2001, Ch. 755, Sec. 19. Effective October 12, 2001.)
  169. 17710.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Counties must cover child support program administrative costs not paid by federal or state funds, and for certain historical periods they must pay specified nonfederal shares of review costs; later county funding depends on annual Budget Act funding.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17710. (a) Each county shall be responsible for any administrative expenditures for administering the child support program not covered by federal and state funds. (b) Notwithstanding subdivision (a), effective July 1, 1991, to June 30, 1992, inclusive, counties shall pay the nonfederal share of the administrative costs of conducting the reviews required under former Section 15200.8 of the Welfare and Institutions Code from the savings counties will obtain as a result of the reduction in the maximum aid payments specified in Section 11450. Effective July 1, 1992, to June 30, 1993, inclusive, the state shall pay the nonfederal share of administrative costs of conducting the reviews required under former Section 15200.8 of the Welfare and Institutions Code. Funding for county costs after June 30, 1993, shall be subject to the availability of funds in the annual Budget Act. (Amended by Stats. 2016, Ch. 474, Sec. 26. (AB 2882) Effective January 1, 2017.)
  170. 17712.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. )

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    If funds are appropriated, money must be provided to the Judicial Council for child support commissioner and family law facilitator costs, and the Judicial Council must distribute the money to counties.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17712. Notwithstanding subdivision (a) of Section 17708, and to the extent funds are appropriated by the annual Budget Act, funds shall be provided to the Judicial Council for the nonfederal share of costs for the costs of child support commissioners pursuant to Section 4251 and family law facilitators pursuant to Division 14 (commencing with Section 10000). The Judicial Council shall distribute the funds to the counties for the purpose of matching federal funds for the costs of child support commissioners and family law facilitators and related costs. Funds distributed pursuant to this section may also be used to offset the nonfederal share of costs incurred by the Judicial Council for performing the duties specified in Sections 4252 and 10010. (Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
  171. 17714.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. )

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    Counties must use excess child support funds and performance incentive funds only for the support enforcement program and keep them in special funds.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 2. Child Support Enforcement [17400 - 17714] ( Chapter 2 added by Stats. 1999, Ch. 478, Sec. 1. ) ## ARTICLE 4. Program Costs [17701 - 17714] ( Article 4 added by Stats. 1999, Ch. 478, Sec. 1. ) ## 17714. (a) (1) Any funds paid to a county pursuant to this chapter prior to June 30, 1999, which exceed the county’s cost of administering the child support program of the local child support agency pursuant to Section 17400 to that date, hereafter referred to as “excess funds,” shall be expended by the county only upon that program. All these excess funds shall be deposited by the county into a special fund established by the county for this purpose. (2) Performance incentive funds shall include, but not be limited to, incentive funds paid pursuant to Section 17704, and performance incentive funds paid pursuant to Section 14124.93 of the Welfare and Institutions Code and all interest earned on deposits in the special fund. Performance incentive funds shall not include funds paid pursuant to Section 17706. Performance incentive funds shall be expended by the county only upon that program. All performance incentive funds shall be deposited by the county into a special fund established by the county for this purpose. (b) All excess funds and performance incentive funds shall be expended by the county on the support enforcement program of the local child support agency within two fiscal years following the fiscal year of receipt of the funds by the county. Except as provided in subdivision (c), any excess funds or performance incentive funds paid pursuant to this chapter since July 1, 1992, that the department determines have not been spent within the required two-year period shall revert to the state General Fund, and shall be distributed by the department only to counties that have complied with this section. The formula for distribution shall be based on the number of CalWORKs cases within each county. (c) A county that submits to the department a written plan approved by that county’s local child support agency for the expenditure of excess funds or performance incentive funds shall be exempted from the requirements of subdivision (b), if the department determines that the expenditure will be cost-effective, will maximize federal funds, and the expenditure plan will require more than the time provided for in subdivision (b) to expend the funds. Once the department approves a plan pursuant to this subdivision, funds received by a county and designated for an expenditure in the plan shall not be expended by the county for any other purpose. (d) Nothing in this section shall be construed to nullify the recovery and reversion to the General Fund of unspent incentive funds as provided in Section 6 of Chapter 479 of the Statutes of 1999. (Amended by Stats. 2001, Ch. 755, Sec. 20. Effective October 12, 2001.)
  172. 17800.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 5. Complaint Resolution [17800 - 17804] ( Chapter 5 added by Stats. 1999, Ch. 803, Sec. 2. )

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    Local child support agencies must keep a complaint resolution process, and complaints from affected parents must be handled on set timelines.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 5. Complaint Resolution [17800 - 17804] ( Chapter 5 added by Stats. 1999, Ch. 803, Sec. 2. ) ## 17800. Each local child support agency shall maintain a complaint resolution process. The department shall specify by regulation, no later than July 1, 2001, uniform forms and procedures that each local child support agency shall use in resolving all complaints received from custodial and noncustodial parents. A complaint shall be made within 90 days after the custodial or noncustodial parent affected knew or should have known of the child support action complained of. The local child support agency shall provide a written resolution of the complaint within 30 days of the receipt of the complaint. The director of the local child support agency may extend the period for resolution of the complaint an additional 30 days in accordance with the regulations adopted pursuant to Section 17804. (Amended by Stats. 2001, Ch. 755, Sec. 21. Effective October 12, 2001.)
  173. 17801.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 5. Complaint Resolution [17800 - 17804] ( Chapter 5 added by Stats. 1999, Ch. 803, Sec. 2. )

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    Certain parents can get a state hearing about child support complaint resolutions, but they must first use the complaint process unless a timely written resolution was not provided.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 5. Complaint Resolution [17800 - 17804] ( Chapter 5 added by Stats. 1999, Ch. 803, Sec. 2. ) ## 17801. (a) A custodial or noncustodial parent who is dissatisfied with the local child support agency’s resolution of a complaint shall be accorded an opportunity for a state hearing when one or more of the following actions or failures to take action by the department or the local child support agency is claimed by the parent: (1) An application for child support services has been denied or has not been acted upon within the required timeframe. (2) The child support services case has been acted upon in violation of state or federal law or regulation or department letter ruling, or has not yet been acted upon within the required timeframe, including services for the establishment, modification, and enforcement of child support orders and child support accountings. (3) Child support collections have not been distributed or have been distributed or disbursed incorrectly, or the amount of child support arrears, as calculated by the department or the local child support agency is inaccurate. The amount of the court order for support, including current support and arrears, is not subject to a state hearing under this section. (4) The child support agency’s decision to close a child support case. (b) Prior to requesting a hearing pursuant to subdivision (a), the custodial or noncustodial parent shall exhaust the complaint resolution process required in Section 17800, unless the local child support agency has not, within the 30-day period required by that section, submitted a written resolution of the complaint. If the custodial or noncustodial parent does not receive that timely written resolution, the custodial parent may request a hearing pursuant to subdivision (a). (c) A hearing shall be provided under subdivision (a) when the request for a hearing is made within 90 days after receiving the written notice of resolution required in Section 17800 or, if no written notice of resolution is provided within 30 days from the date the complaint was made, within 90 days after making the complaint. (d) (1) A hearing under subdivision (a) shall be set to commence within 45 days after the request is received by the state hearing office, and at least 10 days prior to the hearing, all parties shall be given written notice of the time and place of the hearing. Unless the time period is waived by the complainant, the proposed hearing decision shall be rendered by the state hearing office within 75 days after the request for a state hearing is received by the state hearing office. The department shall have 15 days from the date the proposed decision is rendered to act upon the decision. When a hearing is postponed, continued, or reopened with the consent of the complainant, the time for issuance of the decision, and action on the decision by the department, shall be extended for a period of time consistent with the postponement, continuance, or reopening. (2) For purposes of this subdivision, the “state hearing office” refers to the division of the office or agency designated by the department to carry out state hearings, that conducts those state hearings. (e) To the extent not inconsistent with this section, hearings under subdivision (a) shall be provided in the same manner in which hearings are provided in Sections 10950 to 10967 of the Welfare and Institutions Code and the State Department of Social Services’ regulations implementing and interpreting those sections. (f) Pendency of a state hearing shall not affect the obligation to comply with an existing child support order. (g) A child support determination that is subject to the jurisdiction of the superior court and that is required by law to be addressed by motion, order to show cause, or appeal under this code shall not be subject to a state hearing under this section. The director shall, by regulation, specify and exclude from the subject matter jurisdiction of state hearings provided under subdivision (a), grievances arising from a child support case in the superior court that must, by law, be addressed by motion, order to show cause, or appeal under this code. (h) The local child support agency shall comply with, and execute, every decision of the director rendered pursuant to this section. (i) The director shall contract with the State Department of Social Services or the Office of Administrative Hearings for the provision of state hearings in accordance with this section. (j) This section shall be implemented only to the extent that there is federal financial participation available at the child support funding rate set forth in Section 655(a)(2) of Title 42 of the United States Code. (Amended by Stats. 2019, Ch. 115, Sec. 166. (AB 1817) Effective January 1, 2020.)
  174. 17803.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 5. Complaint Resolution [17800 - 17804] ( Chapter 5 added by Stats. 1999, Ch. 803, Sec. 2. )

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    A custodial or noncustodial parent may seek superior court review of the director’s final decision within one year of notice, and the parent is exempt from filing fees and bond requirements.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 5. Complaint Resolution [17800 - 17804] ( Chapter 5 added by Stats. 1999, Ch. 803, Sec. 2. ) ## 17803. The custodial or noncustodial parent, within one year after receiving notice of the director’s final decision, may file a petition with the superior court, under Section 1094.5 of the Code of Civil Procedure, praying for a review of the entire proceedings in the matter, upon questions of law involved in the case. The review, if granted, shall be the exclusive remedy available to the custodial or noncustodial parent for review of the director’s decision. The director shall be the sole respondent in the proceedings. A filing fee shall not be required for the filing of a petition pursuant to this section. Any such petition to the superior court shall be entitled to a preference in setting a date for hearing on the petition. A bond shall not be required in the case of any petition for review, nor in any appeal therefrom. The custodial or noncustodial parent shall be entitled to reasonable attorney’s fees and costs, if the parent obtains a decision in their favor. (Amended by Stats. 2019, Ch. 115, Sec. 167. (AB 1817) Effective January 1, 2020.)
  175. 17804.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 5. Complaint Resolution [17800 - 17804] ( Chapter 5 added by Stats. 1999, Ch. 803, Sec. 2. )

    Verify source ↗

    Local child support agencies must establish the complaint resolution process in Section 17800, and the department must implement the state hearing requirements in Section 17801 by July 1, 2001.

    ## Family Code - FAM ## DIVISION 17. SUPPORT SERVICES [17000 - 17804] ( Division 17 added by Stats. 1999, Ch. 478, Sec. 1. ) ## CHAPTER 5. Complaint Resolution [17800 - 17804] ( Chapter 5 added by Stats. 1999, Ch. 803, Sec. 2. ) ## 17804. Each local child support agency shall establish the complaint resolution process specified in Section 17800. The department shall implement the state hearing requirements specified in Section 17801 no later than July 1, 2001. (Amended by Stats. 2001, Ch. 755, Sec. 22. Effective October 12, 2001.)
  176. 180.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. Indian Children [170 - 185] ( Part 3 added by Stats. 2006, Ch. 838, Sec. 1. )

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    In an Indian child custody proceeding, notice must be sent to the child’s parent or legal guardian, any Indian custodian, and the tribe, using registered or certified mail and including required information. The notice and proof of notice have filing and timing rules, and false or concealed facts can lead to court sanctions.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. Indian Children [170 - 185] ( Part 3 added by Stats. 2006, Ch. 838, Sec. 1. ) ## 180. (a) In an Indian child custody proceeding notice shall comply with subdivision (b) of this section. (b) Any notice sent under this section shall be sent to the minor’s parent or legal guardian, Indian custodian, if any, and the Indian child’s tribe and shall comply with all of the following requirements: (1) Notice shall be sent by registered or certified mail with return receipt requested. Additional notice by first-class mail is recommended, but not required. (2) Notice to the tribe shall be to the tribal chairperson, unless the tribe has designated another agent for service. (3) Notice shall be sent to all tribes of which the child may be a member or eligible for membership until the court makes a determination as to which tribe is the Indian child’s tribe in accordance with subdivision (d) of Section 170, after which notice need only be sent to the tribe determined to be the Indian child’s tribe. (4) Notice, to the extent required by federal law, shall be sent to the Secretary of the Interior’s designated agent, the Sacramento Area Director, Bureau of Indian Affairs. If the identity or location of the Indian child’s tribe is known, a copy of the notice shall also be sent directly to the Secretary of the Interior unless the Secretary of the Interior has waived that notice in writing and the person responsible for giving notice under this section has filed proof of the waiver with the court. (5) In addition to the information specified in other sections of this article, notice shall include all of the following information: (A) The name, birthdate, and birthplace of the Indian child, if known. (B) The name of any Indian tribe in which the child is a member or may be eligible for membership, if known. (C) All names known of the Indian child’s biological parents, grandparents, and great-grandparents, or Indian custodians, including maiden, married, and former names or aliases, as well as their current and former addresses, birthdates, places of birth and death, tribal enrollment numbers, and any other identifying information, if known. (D) A copy of the petition by which the proceeding was initiated. (E) A copy of the child’s birth certificate, if available. (F) The location, mailing address, and telephone number of the court and all parties notified pursuant to this section. (G) A statement of the following: (i) The absolute right of the child’s parents, Indian custodians, and tribe to intervene in the proceeding. (ii) The right of the child’s parents, Indian custodians, and tribe to petition the court to transfer the proceeding to the tribal court of the Indian child’s tribe, absent objection by either parent and subject to declination by the tribal court. (iii) The right of the child’s parents, Indian custodians, and tribe to, upon request, be granted up to an additional 20 days from the receipt of the notice to prepare for the proceeding. (iv) The potential legal consequences of the proceedings on the future custodial rights of the child’s parents or Indian custodians. (v) That if the parents or Indian custodians are unable to afford counsel, counsel will be appointed to represent the parents or Indian custodians pursuant to Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (vi) That the information contained in the notice, petition, pleading, and other court documents is confidential, so any person or entity notified shall maintain the confidentiality of the information contained in the notice concerning the particular proceeding and not reveal it to anyone who does not need the information in order to exercise the tribe’s rights under the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (c) Notice shall be sent whenever it is known or there is reason to know that an Indian child is involved, and for every hearing thereafter, including, but not limited to, the hearing at which a final adoption order is to be granted. After a tribe acknowledges that the child is a member or eligible for membership in that tribe, or after the Indian child’s tribe intervenes in a proceeding, the information set out in subparagraphs (C), (D), (E), and (G) of paragraph (5) of subdivision (b) need not be included with the notice. (d) Proof of the notice, including copies of notices sent and all return receipts and responses received, shall be filed with the court in advance of the hearing except as permitted under subdivision (e). (e) No proceeding shall be held until at least 10 days after receipt of notice by the parent, Indian custodian, the tribe, or the Bureau of Indian Affairs. The parent, Indian custodian, or the tribe shall, upon request, be granted up to 20 additional days to prepare for the proceeding. Nothing herein shall be construed as limiting the rights of the parent, Indian custodian, or tribe to 10 days’ notice if a lengthier notice period is required under this code. (f) With respect to giving notice to Indian tribes, a party shall be subject to court sanctions if that person knowingly and willfully falsifies or conceals a material fact concerning whether the child is an Indian child, or counsels a party to do so. (g) The inclusion of contact information of any adult or child that would otherwise be required to be included in the notification pursuant to this section, shall not be required if that person is at risk of harm as a result of domestic violence, child abuse, sexual abuse, or stalking. (Added by Stats. 2006, Ch. 838, Sec. 1. Effective January 1, 2007.)
  177. 1800.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1800 - 1802] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says the part may be cited as the Family Conciliation Court Law.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1800 - 1802] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1800. This part may be cited as the Family Conciliation Court Law. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  178. 1801.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1800 - 1802] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section states the purposes of the part: to protect children’s rights, promote public welfare, preserve family life and matrimony, and support reconciliation of spouses and amicable settlement of domestic and family disputes.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1800 - 1802] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1801. The purposes of this part are to protect the rights of children and to promote the public welfare by preserving, promoting, and protecting family life and the institution of matrimony, and to provide means for the reconciliation of spouses and the amicable settlement of domestic and family controversies. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  179. 1802.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1800 - 1802] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This part applies only in counties where the superior court makes a qualifying annual January determination, based on local social conditions and the number of domestic relations cases.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [1800 - 1802] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1802. (a) This part applies only in counties in which the superior court determines that the social conditions in the county and the number of domestic relations cases in the courts render the procedures provided in this part necessary to the full and proper consideration of those cases and the effectuation of the purposes of this part. (b) The determination under subdivision (a) shall be made annually in the month of January by: (1) The judge of the superior court in counties having only one superior court judge. (2) A majority of the judges of the superior court in counties having more than one superior court judge. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  180. 1810.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Each superior court must exercise the jurisdiction given by this part, and when acting in that jurisdiction it is called the “family conciliation court.”

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1810. Each superior court shall exercise the jurisdiction conferred by this part. While sitting in the exercise of this jurisdiction, the court shall be known and referred to as the “family conciliation court.” (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  181. 1811.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The presiding judge of the superior court must designate at least one judge each January to hear all cases under this part.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1811. The presiding judge of the superior court shall annually, in the month of January, designate at least one judge to hear all cases under this part. (Amended by Stats. 2003, Ch. 149, Sec. 11. Effective January 1, 2004.)
  182. 1812.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A family conciliation court judge may transfer a case to the presiding judge’s department for assignment to another judge if needed to speed up or promptly consider the case.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1812. (a) The judge of the family conciliation court may transfer any case before the family conciliation court pursuant to this part to the department of the presiding judge of the superior court for assignment for trial or other proceedings by another judge of the court, whenever in the opinion of the judge of the family conciliation court the transfer is necessary to expedite the business of the family conciliation court or to ensure the prompt consideration of the case. (b) When a case is transferred pursuant to subdivision (a), the judge to whom it is transferred shall act as the judge of the family conciliation court in the matter. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  183. 1813.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The presiding judge of the superior court may appoint another superior court judge to act as family conciliation court judge when the regular judge is unavailable, and the appointed judge gets that court judge’s powers in cases under this part.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1813. (a) The presiding judge of the superior court may appoint a judge of the superior court other than the judge of the family conciliation court to act as judge of the family conciliation court during any period when the judge of the family conciliation court is on vacation, absent, or for any reason unable to perform the duties as judge of the family conciliation court. (b) The judge appointed under subdivision (a) has all of the powers and authority of a judge of the family conciliation court in cases under this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  184. 1814.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Superior courts may appoint conciliation court staff, and the supervising counselor has listed powers to run hearings, conferences, reports, investigations, and mediation.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1814. (a) In each county in which a family conciliation court is established, the superior court may appoint one supervising counselor of conciliation and one secretary to assist the family conciliation court in disposing of its business and carrying out its functions. When superior courts by contract have established joint family conciliation court services, the contracting courts jointly may make the appointments under this subdivision. (b) The supervising counselor of conciliation has the power to do all of the following: (1) Hold conciliation conferences with parties to, and hearings in, proceedings under this part, and make recommendations concerning the proceedings to the judge of the family conciliation court. (2) Provide supervision in connection with the exercise of the counselor’s jurisdiction as the judge of the family conciliation court may direct. (3) Cause reports to be made, statistics to be compiled, and records to be kept as the judge of the family conciliation court may direct. (4) Hold hearings in all family conciliation court cases as may be required by the judge of the family conciliation court, and make investigations as may be required by the court to carry out the intent of this part. (5) Make recommendations relating to marriages where one or both parties are underage. (6) Make investigations, reports, and recommendations as provided in Section 281 of the Welfare and Institutions Code under the authority provided the probation officer in that code. (7) Act as domestic relations cases investigator. (8) Conduct mediation of child custody and visitation disputes. (c) The superior court, or contracting superior courts, may also appoint associate counselors of conciliation and other office assistants as may be necessary to assist the family conciliation court in disposing of its business. The associate counselors shall carry out their duties under the supervision of the supervising counselor of conciliation and have the powers of the supervising counselor of conciliation. Office assistants shall work under the supervision and direction of the supervising counselor of conciliation. (d) The classification and salaries of persons appointed under this section shall be determined by: (1) The superior court of the county in which a noncontracting family conciliation court operates. (2) The superior court of the county which by contract has the responsibility to administer funds of the joint family conciliation court service. (Amended by Stats. 2012, Ch. 470, Sec. 12. (AB 1529) Effective January 1, 2013.)
  185. 1815.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    People employed as supervising or associate counselors of conciliation must meet listed minimum qualifications. The family conciliation court may trade extra experience for some education, or extra education for some experience. The section does not apply to a supervising counselor who was in office on March 27, 1980.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1815. (a) A person employed as a supervising counselor of conciliation or as an associate counselor of conciliation shall have all of the following minimum qualifications: (1) A master’s degree in psychology, social work, marriage, family and child counseling, or other behavioral science substantially related to marriage and family interpersonal relationships. (2) At least two years of experience in counseling or psychotherapy, or both, preferably in a setting related to the areas of responsibility of the family conciliation court and with the ethnic population to be served. (3) Knowledge of the court system of California and the procedures used in family law cases. (4) Knowledge of other resources in the community that clients can be referred to for assistance. (5) Knowledge of adult psychopathology and the psychology of families. (6) Knowledge of child development, child abuse, clinical issues relating to children, the effects of divorce on children, the effects of domestic violence on children, and child custody research sufficient to enable a counselor to assess the mental health needs of children. (7) Training in domestic violence issues as described in Section 1816. (b) The family conciliation court may substitute additional experience for a portion of the education, or additional education for a portion of the experience, required under subdivision (a). (c) This section does not apply to any supervising counselor of conciliation who was in office on March 27, 1980. (Amended by Stats. 2006, Ch. 130, Sec. 1. Effective January 1, 2007.)
  186. 1816.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Evaluators must complete domestic violence training and later annual updates, and eligible providers must meet quality, verification, and certificate requirements.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1816. (a) For purposes of this section, the following definitions apply: (1) “Eligible provider” means the Administrative Office of the Courts or an educational institution, professional association, professional continuing education group, a group connected to the courts, or a public or private group that has been authorized by the Administrative Office of the Courts to provide domestic violence training. (2) “Evaluator” means a supervising or associate counselor described in Section 1815, a mediator described in Section 3164, a court-connected or private child custody evaluator described in Section 3110.5, or a court-appointed investigator or evaluator as described in Section 3110 or Section 730 of the Evidence Code. (b) An evaluator shall participate in a program of continuing instruction in domestic violence, including child abuse, as may be arranged and provided to that evaluator. This training may utilize domestic violence training programs conducted by nonprofit community organizations with an expertise in domestic violence issues. (c) Areas of basic instruction shall include, but are not limited to, the following: (1) The effects of domestic violence on children. (2) The nature and extent of domestic violence. (3) The social and family dynamics of domestic violence. (4) Techniques for identifying and assisting families affected by domestic violence. (5) Interviewing, documentation of, and appropriate recommendations for, families affected by domestic violence. (6) The legal rights of, and remedies available to, victims. (7) Availability of community and legal domestic violence resources. (d) An evaluator shall also complete 16 hours of advanced training within a 12-month period. Four hours of that advanced training shall include community resource networking intended to acquaint the evaluator with domestic violence resources in the geographical communities where the family being evaluated may reside. Twelve hours of instruction, as approved by the Administrative Office of the Courts, shall include all of the following: (1) The appropriate structuring of the child custody evaluation process, including, but not limited to, all of the following: (A) Maximizing safety for clients, evaluators, and court personnel. (B) Maintaining objectivity. (C) Providing and gathering balanced information from the parties and controlling for bias. (D) Providing separate sessions at separate times as described in Section 3113. (E) Considering the impact of the evaluation report and recommendations with particular attention to the dynamics of domestic violence. (2) The relevant sections of local, state, and federal laws, rules, or regulations. (3) The range, availability, and applicability of domestic violence resources available to victims, including, but not limited to, all of the following: (A) Domestic violence shelter-based programs. (B) Counseling, including drug and alcohol counseling. (C) Legal assistance. (D) Job training. (E) Parenting classes. (F) Resources for a victim who is an immigrant. (4) The range, availability, and applicability of domestic violence intervention available to perpetrators, including, but not limited to, all of the following: (A) Certified treatment programs described in subdivision (c) of Section 1203.097 of the Penal Code. (B) Drug and alcohol counseling. (C) Legal assistance. (D) Job training. (E) Parenting classes. (5) The unique issues in a family and psychological assessment in a domestic violence case, including all of the following: (A) The effects of exposure to domestic violence and psychological trauma on children, the relationship between child physical abuse, child sexual abuse, and domestic violence, the differential family dynamics related to parent-child attachments in families with domestic violence, intergenerational transmission of familial violence, and manifestations of post-traumatic stress disorders in children. (B) The nature and extent of domestic violence, and the relationship of gender, class, race, culture, and sexual orientation to domestic violence. (C) Current legal, psychosocial, public policy, and mental health research related to the dynamics of family violence, the impact of victimization, the psychology of perpetration, and the dynamics of power and control in battering relationships. (D) The assessment of family history based on the type, severity, and frequency of violence. (E) The impact on parenting abilities of being a victim or perpetrator of domestic violence. (F) The uses and limitations of psychological testing and psychiatric diagnosis in assessing parenting abilities in domestic violence cases. (G) The influence of alcohol and drug use and abuse on the incidence of domestic violence. (H) Understanding the dynamics of high conflict relationships and relationships between an abuser and victim. (I) The importance of, and procedures for, obtaining collateral information from a probation department, children’s protective services, police incident report, a pleading regarding a restraining order, medical records, a school, and other relevant sources. (J) Accepted methods for structuring safe and enforceable child custody and parenting plans that ensure the health, safety, welfare, and best interest of the child, and safeguards for the parties. (K) The importance of discouraging participants in child custody matters from blaming victims of domestic violence for the violence and from minimizing allegations of domestic violence, child abuse, or abuse against a family member. (L) The risks associated with access to firearms and ways to reduce those risks. (e) After an evaluator has completed the advanced training described in subdivision (d), that evaluator shall complete four hours of updated training annually that shall include, but is not limited to, all of the following: (1) Changes in local court practices, case law, and state and federal legislation related to domestic violence. (2) An update of current social science research and theory, including the impact of exposure to domestic violence on children. (f) Training described in this section shall be acquired from an eligible provider and that eligible provider shall comply with all of the following: (1) Ensure that a training instructor or consultant delivering the education and training programs either meets the training requirements of this section or is an expert in the subject matter. (2) Monitor and evaluate the quality of courses, curricula, training, instructors, and consultants. (3) Emphasize the importance of focusing child custody evaluations on the health, safety, welfare, and best interest of the child. (4) Develop a procedure to verify that an evaluator completes the education and training program. (5) Distribute a certificate of completion to each evaluator who has completed the training. That certificate shall document the number of hours of training offered, the number of hours the evaluator completed, the dates of the training, and the name of the training provider. (g) (1) If there is a local court rule regarding the procedure to notify the court that an evaluator has completed training as described in this section, the evaluator shall comply with that local court rule. (2) Except as provided in paragraph (1), an evaluator shall attach copies of the certificates of completion of the training described in subdivision (d) and the most recent updated training described in subdivision (e). (h) An evaluator may satisfy the requirement for 12 hours of instruction described in subdivision (d) by training from an eligible provider that was obtained on or after January 1, 1996. The advanced training of that evaluator shall not be complete until that evaluator completes the four hours of community resource networking described in subdivision (d). (i) The Judicial Council shall develop standards for the training programs. The Judicial Council shall solicit the assistance of community organizations concerned with domestic violence and child abuse and shall seek to develop training programs that will maximize coordination between conciliation courts and local agencies concerned with domestic violence. (Amended by Stats. 2024, Ch. 303, Sec. 1. (AB 1974) Effective January 1, 2025.)
  187. 1817.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Every county probation officer must assist the family conciliation court when requested, make requested investigations and reports, and carry out probation-related powers and duties in cases under this part.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1817. The probation officer in every county shall do all of the following: (a) Give assistance to the family conciliation court that the court may request to carry out the purposes of this part, and to that end shall, upon request, make investigations and reports as requested. (b) In cases pursuant to this part, exercise all the powers and perform all the duties granted or imposed by the laws of this state relating to probation or to probation officers. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  188. 1818.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Family conciliation court hearings and conferences must be private, ex parte communications are generally barred, and the court’s files are closed except for limited inspection authorized in writing by the judge.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1818. (a) All superior court hearings or conferences in proceedings under this part shall be held in private and the court shall exclude all persons except the officers of the court, the parties, their counsel, and witnesses. The court shall not allow ex parte communications, except as authorized by Section 216. All communications, verbal or written, from parties to the judge, commissioner, or counselor in a proceeding under this part shall be deemed to be official information within the meaning of Section 1040 of the Evidence Code. (b) The files of the family conciliation court shall be closed. The petition, supporting affidavit, conciliation agreement, and any court order made in the matter may be opened to inspection by a party or the party’s counsel upon the written authority of the judge of the family conciliation court. (Amended by Stats. 2005, Ch. 489, Sec. 2. Effective January 1, 2006.)
  189. 1819.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The supervising counselor of conciliation may destroy certain older records only with a judge’s order, and some child custody or visitation mediation records may be destroyed when the child is 18. The judge may also order microfilming.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1819. (a) Except as provided in subdivision (b), upon order of the judge of the family conciliation court, the supervising counselor of conciliation may destroy any record, paper, or document filed or kept in the office of the supervising counselor of conciliation which is more than two years old. (b) Records described in subdivision (a) of child custody or visitation mediation may be destroyed when the minor or minors involved are 18 years of age. (c) In the judge’s discretion, the judge of the family conciliation court may order the microfilming of any record, paper, or document described in subdivision (a) or (b). (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  190. 1820.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Courts may enter agreements to provide joint family conciliation court services, and a custodian court may make payments from shared funds after audit.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Family Conciliation Courts [1810 - 1820] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1820. (a) A court may contract with any other court or courts to provide joint family conciliation court services. (b) An agreement between two or more courts for the operation of a joint family conciliation court service may provide that one participating court shall be the custodian of moneys made available for the purposes of the joint services, and that the custodian court may make payments from the moneys upon audit of the appropriate auditing officer or body of the court. (c) An agreement between two or more courts for the operation of a joint family conciliation court service may also provide: (1) For the joint provision or operation of services and facilities or for the provision or operation of services and facilities by one participating court under contract for the other participating courts. (2) For appointments of members of the staff of the family conciliation court including the supervising counselor. (3) That, for specified purposes, the members of the staff of the family conciliation court including the supervising counselor, but excluding the judges of the family conciliation court, shall be considered to be employees of one participating court. (4) For other matters that are necessary or proper to effectuate the purposes of the Family Conciliation Court Law. (d) The provisions of this part relating to family conciliation court services provided by a single court shall be equally applicable to courts which contract, pursuant to this section, to provide joint family conciliation court services. (Amended by Stats. 2012, Ch. 470, Sec. 13. (AB 1529) Effective January 1, 2013.)
  191. 1830.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The family conciliation court has jurisdiction over certain spouse or parent disputes, including domestic violence matters.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1830. (a) When a controversy exists between spouses, or when a controversy relating to child custody or visitation exists between parents regardless of their marital status, and the controversy may, unless a reconciliation is achieved, result in dissolution of the marriage, nullity of the marriage, or legal separation of the parties, or in the disruption of the household, and there is a minor child of the spouses or parents or of either of them whose welfare might be affected thereby, the family conciliation court has jurisdiction as provided in this part over the controversy and over the parties to the controversy and over all persons having any relation to the controversy. (b) The family conciliation court also has jurisdiction over the controversy, whether or not there is a minor child of the parties or either of them, where the controversy involves domestic violence. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  192. 1831.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Before certain family proceedings begin, either spouse or parent may file a petition in family conciliation court to seek reconciliation or an amicable settlement.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1831. Before the filing of a proceeding for determination of custody or visitation rights, for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties, either spouse or parent, or both, may file in the family conciliation court a petition invoking the jurisdiction of the court for the purpose of preserving the marriage by effecting a reconciliation between the parties, or for amicable settlement of the controversy between the spouses or parents, so as to avoid further litigation over the issue involved. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  193. 1832.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A petition under this section must be captioned substantially in the specified form.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1832. The petition shall be captioned substantially as follows: In the Superior Court of the State of California in and for the County of ____ Upon the petition of ⎫ ⎪ Petition for (Petitioner) ⎪ Conciliation And concerning ⎬ (Under the Family and ⎪ Conciliation ⎪ Court Law) _____________ , Respondents ⎭ To the Family Conciliation Court: (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  194. 1833.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A petition in a conciliation proceeding must include specific information about the dispute, the parties, any minor children, any other related respondents, domestic violence if relevant, and any other information the court requires by rule.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1833. The petition shall: (a) Allege that a controversy exists between the spouses or parents and request the aid of the court to effect a reconciliation or an amicable settlement of the controversy. (b) State the name and age of each minor child whose welfare may be affected by the controversy. (c) State the name and address of the petitioner or the names and addresses of the petitioners. (d) If the petition is presented by one spouse or parent only, the name of the other spouse or parent as a respondent, and state the address of that spouse or parent. (e) Name as a respondent any other person who has any relation to the controversy, and state the address of the person if known to the petitioner. (f) If the petition arises out of an instance of domestic violence, so state generally and without specific allegations as to the incident. (g) State any other information the court by rule requires. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  195. 1834.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Court clerks must provide blank petition forms, and certain county probation staff and family conciliation court staff must help people prepare and present petitions if asked. Public officers must send covered petitions and complaints to the family conciliation court.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1834. (a) The clerk of the court shall provide, at the expense of the court, blank forms for petitions for filing pursuant to this part. (b) The probation officers of the county and the attachés and employees of the family conciliation court shall assist a person in the preparation and presentation of a petition under this part if the person requests assistance. (c) All public officers in each county shall refer to the family conciliation court all petitions and complaints made to them in respect to controversies within the jurisdiction of the family conciliation court. (d) The jurisdiction of the family conciliation court in respect to controversies arising out of an instance of domestic violence is not exclusive but is coextensive with any other remedies either civil or criminal in nature that may be available. (Amended by Stats. 2012, Ch. 470, Sec. 14. (AB 1529) Effective January 1, 2013.)
  196. 1835.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    No officer may charge a fee for filing the petition.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1835. No fee shall be charged by any officer for filing the petition. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  197. 1836.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court must set a reasonable hearing time and place, notify respondents, and may issue a citation or require witnesses.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1836. (a) The court shall fix a reasonable time and place for hearing on the petition. The court shall cause notice to be given to the respondents of the filing of the petition and of the time and place of the hearing that the court deems necessary. (b) The court may, when it deems it necessary, issue a citation to a respondent requiring the respondent to appear at the time and place stated in the citation. The court may require the attendance of witnesses as in other civil cases. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  198. 1837.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A family conciliation court may be convened anywhere in the county and hearings may be held in chambers or elsewhere, unless a party objects before the hearing to a different time or place.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1837. (a) Except as provided in subdivision (b), for the purpose of conducting hearings pursuant to this part, the family conciliation court may be convened at any time and place within the county, and the hearing may be had in chambers or otherwise. (b) The time and place for hearing shall not be different from the time and place provided by law for the trial of civil actions if any party, before the hearing, objects to any different time or place. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  199. 1838.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court must conduct the hearing informally as a conference or series of conferences to help reconcile the spouses or settle the issues. With both parties’ consent, the court may seek help from specialists, experts, or certain religious figures, but the aid cannot be charged to the court or county unless specifically authorized.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1838. (a) The hearing shall be conducted informally as a conference or a series of conferences to effect a reconciliation of the spouses or an amicable adjustment or settlement of the issues in controversy. (b) To facilitate and promote the purposes of this part, the court may, with the consent of both parties to the proceeding, recommend or invoke the aid of medical or other specialists or scientific experts, or of the pastor or director of any religious denomination to which the parties may belong. Aid under this subdivision shall not be at the expense of the court unless the presiding judge specifically authorizes the aid, nor at the expense of the county unless the board of supervisors of the county specifically provides and authorizes the aid. (Amended by Stats. 2012, Ch. 470, Sec. 15. (AB 1529) Effective January 1, 2013.)
  200. 1839.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court may issue temporary orders during conciliation proceedings, and the superior court may order support payments while the proceeding is pending.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1839. (a) At or after the hearing, the court may make orders in respect to the conduct of the spouses or parents and the subject matter of the controversy that the court deems necessary to preserve the marriage or to implement the reconciliation of the spouses. No such order shall be effective for more than 30 days from the hearing of the petition unless the parties mutually consent to a continuation of the time the order remains effective. (b) A reconciliation agreement between the parties may be reduced to writing and, with the consent of the parties, a court order may be made requiring the parties to comply fully with the agreement. (c) During the pendency of a proceeding under this part, the superior court may order a spouse or parent, as the case may be, to pay an amount necessary for the support and maintenance of the other spouse and for the support, maintenance, and education of the minor children, as the case may be. In determining the amount, the superior court may take into consideration the recommendations of a financial referee if one is available to the court. An order made pursuant to this subdivision shall not prejudice the rights of the parties or children with respect to any subsequent order that may be made. An order made pursuant to this subdivision may be modified or terminated at any time except as to an amount that accrued before the date of filing of the notice of motion or order to show cause to modify or terminate. (Amended by Stats. 2014, Ch. 82, Sec. 22. (SB 1306) Effective January 1, 2015.)

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