Family Code — Part 4 | FAM — United States — California law | Esheria

Family Code

Part 4 of 9 · provisions 601–800

This section says the code is called the Family Code.

Jurisdiction
United States — California
Instrument
Code
Citation
FAM
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
DNA sample storage DNA/blood sample handling Definitions Support orders account deposits account restrictions account withholding accounting address change notice address disclosure address/location tracing administration administrative approval administrative authority administrative fees administrative funding administrative review admissibility of evidence adoption adoption accounting adoption agencies adoption agency compliance adoption agency definitions adoption agency fees +1,370 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Family Code

Showing 200 of 1,607

  1. 3500.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3500 - 3515] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Unless the provision or context requires otherwise, the definitions in this chapter control how this division is read.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3500 - 3515] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3500. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  2. 351.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. )

    Verify source ↗

    A marriage license must show the parties’ identity, full given names at birth or by court order, mailing addresses, and dates of birth.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. ) ## 351. The marriage license shall show all of the following: (a) The identity of the parties to the marriage. (b) The parties’ full given names at birth or by court order, and mailing addresses. (c) The parties’ dates of birth. (Amended by Stats. 2006, Ch. 816, Sec. 8. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  3. 351.5.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. )

    Verify source ↗

    If requested, a marriage certificate registry and marriage license must show a business address or USPS post office box instead of a residential address.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. ) ## 351.5. Notwithstanding subdivision (b) of Section 351 or 359 of this code, or Section 103175 of the Health and Safety Code, if either of the applicants for, or any witness to, a certificate of registry of marriage and a marriage license requests, the certificate of registry and the marriage license shall show the business address or United States Postal Service post office box for that applicant or witness instead of the residential address of that person. (Added by Stats. 2006, Ch. 60, Sec. 1. Effective January 1, 2007.)
  4. 351.6.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. )

    Verify source ↗

    Mailing addresses used by an applicant, witness, or person performing or solemnizing the marriage ceremony must be a residential address, a business address, or a USPS post office box.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. ) ## 351.6. Notwithstanding Section 307, 351, 351.5, 359, or 422 of this code, or Section 103175 or 103180 of the Health and Safety Code, a mailing address used by an applicant, witness, or person solemnizing or performing the marriage ceremony shall be a residential address, a business address, or a United States Postal Service post office box. (Added by Stats. 2006, Ch. 816, Sec. 8.5. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  5. 3515.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3500 - 3515] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says “separate property” does not include quasi-community property.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3500 - 3515] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3515. “Separate property” does not include quasi-community property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  6. 352.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. )

    Verify source ↗

    A marriage license may not be granted if either applicant lacks capacity to marry or is under the influence of alcohol or a narcotic drug when applying.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. ) ## 352. No marriage license shall be granted if either of the applicants lacks the capacity to enter into a valid marriage or is, at the time of making the application for the license, under the influence of an intoxicating liquor or narcotic drug. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  7. 354.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. )

    Verify source ↗

    Marriage license applicants must show acceptable photo ID, unless a credible witness affidavit is used instead. The clerk may interview applicants on oath and request more documents, and applicants must sign any written examination. Applicants cannot be required to state race or color. An attorney in fact must comply with these requirements for an overseas applicant when needed.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. ) ## 354. (a) Each applicant for a marriage license shall be required to present authentic photo identification acceptable to the county clerk as to name and date of birth. A credible witness affidavit or affidavits may be used in lieu of authentic photo identification. (b) For the purpose of ascertaining the facts mentioned or required in this part, if the clerk deems it necessary, the clerk may examine the applicants for a marriage license on oath at the time of the application. The clerk shall reduce the examination to writing and the applicants shall sign it. (c) If necessary, the clerk may request additional documentary proof as to the accuracy of the facts stated. (d) Applicants for a marriage license shall not be required to state, for any purpose, their race or color. (e) If a marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney in fact shall comply with the requirements of this section on behalf of the applicant who is overseas, if necessary. (Amended by Stats. 2006, Ch. 816, Sec. 10. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  8. 355.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. )

    Verify source ↗

    The State Department of Public Health prescribes marriage license forms, and applicants must sign the included affidavit confirming receipt of the Section 358 brochure. If the marriage is under Section 420(b) and the applicant is overseas, the attorney in fact signs the affidavit. The forms must also include spaces for a name change choice.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. ) ## 355. (a) The forms for the marriage license shall be prescribed by the State Department of Public Health, and shall be adapted to set forth the facts required in this part. (b) The marriage license shall include an affidavit, which the applicants shall sign, affirming that they have received the brochure provided for in Section 358. If the marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney in fact shall sign the affidavit on behalf of the applicant who is overseas. (c) The forms for the marriage license shall contain spaces for either party or both parties to indicate a change in name pursuant to Section 306.5. (Amended (as amended by Stats. 2006, Ch. 816) by Stats. 2007, Ch. 567, Sec. 8. Effective January 1, 2008. Operative January 1, 2009, by Sec. 13 of Ch. 567.)
  9. 3550.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “obligee” and “obligor,” and says an obligor who is present or resident in the state has the duty of support, even if the obligee is not present or resident.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3550. (a) As used in this section: (1) “Obligee” means a person to whom a duty of support is owed. (2) “Obligor” means a person who owes a duty of support. (b) An obligor present or resident in this state has the duty of support as defined in Sections 3900, 3901, 3910, 4300, and 4400, regardless of the presence or residence of the obligee. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  10. 3551.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Spousal privilege rules do not apply here, and spouses can testify about relevant matters, including marriage and parentage.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3551. Laws attaching a privilege against the disclosure of communications between spouses are inapplicable under this division. Spouses are competent witnesses to testify to any relevant matter, including marriage and parentage. (Amended by Stats. 2014, Ch. 82, Sec. 32. (SB 1306) Effective January 1, 2015.)
  11. 3552.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In support proceedings, a party cannot refuse to submit state and federal income tax returns to the court, and the other party may examine and discover them.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3552. (a) In a proceeding involving child, family, or spousal support, no party to the proceeding may refuse to submit copies of the party’s state and federal income tax returns to the court, whether individual or joint. (b) The tax returns may be examined by the other party and are discoverable by the other party. A party also may be examined by the other party as to the contents of a tax return submitted pursuant to this section. (c) If the court finds that it is relevant to the case to retain the tax return, the tax return shall be sealed and maintained as a confidential record of the court. If the court finds that the tax return is not relevant to disposition of the case, all copies of the tax return shall be returned to the party who submitted it. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  12. 3554.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An appeal may be taken from an order or judgment under this division, in the same way as in other civil actions.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3554. An appeal may be taken from an order or judgment under this division as in other civil actions. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  13. 3555.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If support is paid through a court-designated county officer, that officer must send the money to the designated payee within the required time standards.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3555. Where support is ordered to be paid through the county officer designated by the court on behalf of a child or other party not receiving public assistance pursuant to the Family Economic Security Act of 1982 (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), the designated county officer shall forward the support received to the designated payee within the time standards prescribed by federal law and the Department of Child Support Services. (Amended by Stats. 2000, Ch. 808, Sec. 27. Effective September 28, 2000.)
  14. 3556.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A noncustodial parent’s support duty for a minor child is not changed by the custodial parent’s failure or refusal to carry out court-ordered custody or visitation rights.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3556. The existence or enforcement of a duty of support owed by a noncustodial parent for the support of a minor child is not affected by a failure or refusal by the custodial parent to implement any rights as to custody or visitation granted by a court to the noncustodial parent. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  15. 3557.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court must award reasonable attorney’s fees in certain support-enforcement actions when the listed conditions are met, and it may not use this section to award fees to or against a governmental entity.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3557. (a) Notwithstanding any other provision of law, absent good cause to the contrary, the court, in order to ensure that each party has access to legal representation to preserve each party’s rights, upon determining (1) an award of attorney’s fees and cost under this section is appropriate, (2) there is a disparity in access to funds to retain counsel, and (3) one party is able to pay for legal representation for both parties, shall award reasonable attorney’s fees to any of the following persons: (1) A custodial parent or other person to whom payments should be made in any action to enforce any of the following: (A) An existing order for child support. (B) A penalty incurred pursuant to Chapter 5 (commencing with Section 4720) of Part 5 of Division 9. (2) A supported spouse in an action to enforce an existing order for spousal support. (b) This section shall not be construed to allow an award of attorney’s fees to or against a governmental entity. (Amended by Stats. 2010, Ch. 352, Sec. 17. (AB 939) Effective January 1, 2011.)
  16. 3558.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In a child or family support case, the court may require a parent to attend job-related training, placement, rehabilitation, and work programs, and to provide participation records.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3550 - 3558] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3558. In a proceeding involving child or family support, a court may require either parent to attend job training, job placement and vocational rehabilitation, and work programs, as designated by the court, at regular intervals and times and for durations specified by the court, and provide documentation of participation in the programs, in a format that is acceptable to the court, in order to enable the court to make a finding that good faith attempts at job training and placement have been undertaken by the parent. (Added by Stats. 1996, Ch. 490, Sec. 1. Effective January 1, 1997.)
  17. 356.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. )

    Verify source ↗

    A marriage license under this part expires 90 days after it is issued, and the expiration date must be clearly noted on the license.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. ) ## 356. A marriage license issued pursuant to this part expires 90 days after its issuance. The calendar date of expiration shall be clearly noted on the face of the license. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  18. 357.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. )

    Verify source ↗

    The county clerk must number each marriage license and send copies or a list to the county recorder. The county recorder must notify certain licenseholders within 60 days if a license has not been returned, and must also notify them about the 10-day return obligation for the person who solemnized the marriage.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. ) ## 357. (a) The county clerk shall number each marriage license issued and shall transmit at periodic intervals to the county recorder a list or copies of the licenses issued. (b) Not later than 60 days after the date of issuance, the county recorder shall notify licenseholders whose marriage license has not been returned of that fact and that the marriage license will automatically expire on the date shown on its face. (c) The county recorder shall notify the licenseholders of the obligation of the person solemnizing their marriage to return the marriage license to the recorder’s office within 10 days after the ceremony. (Amended by Stats. 2006, Ch. 816, Sec. 12. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  19. 358.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. )

    Verify source ↗

    The State Department of Public Health must prepare and publish a marriage-license brochure, and several officials must distribute it.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. ) ## 358. (a) The State Department of Public Health shall prepare and publish a brochure that shall contain the following: (1) Information concerning the possibilities of genetic defects and diseases and a listing of centers available for the testing and treatment of genetic defects and diseases. (2) Information concerning acquired immunodeficiency syndrome (AIDS) and the availability of testing for antibodies to the probable causative agent of AIDS. (3) Information concerning domestic violence, including resources available to victims and a statement that physical, emotional, psychological, and sexual abuse, and assault and battery, are against the law. (4) Information concerning options for changing a name upon solemnization of marriage pursuant to Section 306.5, or upon registration of a domestic partnership pursuant to Section 298.6. That information shall include a notice that the recording of a change in name or the absence of a change in name on a marriage license application and certificate pursuant to Section 306.5 may not be amended once the marriage license is issued, but that options to adopt a change in name in the future through usage, common law, or petitioning the superior court are preserved, as set forth in Section 306.5. (b) The State Department of Public Health shall make the brochures available to county clerks who shall distribute a copy of the brochure to each applicant for a marriage license, including applicants for a confidential marriage license and notaries public receiving a confidential marriage license pursuant to Section 503. The department shall also make the brochure available to the Secretary of State, who shall distribute a copy of the brochure to persons who qualify as domestic partners pursuant to Section 297 and shall make the brochure available electronically on the Internet Web site of the Secretary of State. (c) The department shall prepare a lesbian, gay, bisexual, and transgender specific domestic abuse brochure and make the brochure available to the Secretary of State who shall print and make available the brochure, as funding allows, pursuant to Section 298.5. (d) Each notary public issuing a confidential marriage license under Section 503 shall distribute a copy of the brochure to the applicants for a confidential marriage license. (e) To the extent possible, the State Department of Public Health shall seek to combine in a single brochure all statutorily required information for marriage license applicants. (Amended by Stats. 2007, Ch. 567, Sec. 9. Effective January 1, 2008.)
  20. 3580.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [3580- 3580.] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Spouses may make a written agreement for immediate separation and may include support terms for either spouse and their children.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [3580- 3580.] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3580. Subject to this chapter and to Section 3651, spouses may agree, in writing, to an immediate separation, and may provide in the agreement for the support of either of them and of their children during the separation or upon the dissolution of their marriage. The mutual consent of the parties is sufficient consideration for the agreement. (Amended by Stats. 2014, Ch. 82, Sec. 33. (SB 1306) Effective January 1, 2015.)
  21. 3585.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Child Support [3585 - 3587] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Parents’ child support agreement terms are treated as separate from other agreement terms, and a court may make a child support order based on that agreement.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Child Support [3585 - 3587] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3585. The provisions of an agreement between the parents for child support shall be deemed to be separate and severable from all other provisions of the agreement relating to property and support of either spouse. An order for child support based on the agreement shall be imposed by law and shall be made under the power of the court to order child support. (Amended by Stats. 2014, Ch. 82, Sec. 34. (SB 1306) Effective January 1, 2015.)
  22. 3586.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Child Support [3585 - 3587] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If parents’ agreement mixes child support and spousal support without separating the amounts, the court does not have to issue a separate child support order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Child Support [3585 - 3587] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3586. If an agreement between the parents combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support, the court is not required to make a separate order for child support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  23. 3587.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Child Support [3585 - 3587] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may approve a parents’ stipulated agreement to support an adult child or continue child support after age 18, and may issue a support order to carry out that agreement.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Child Support [3585 - 3587] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3587. Notwithstanding any other provision of law, the court has the authority to approve a stipulated agreement by the parents to pay for the support of an adult child or for the continuation of child support after a child attains the age of 18 years and to make a support order to effectuate the agreement. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  24. 359.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. )

    Verify source ↗

    Applicants must appear together in person before the county clerk to get a marriage license, and the marriage license must later be presented, completed, and returned on time.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. ) ## 359. (a) Except as provided in Sections 420 and 426, applicants to be married shall first appear together in person before the county clerk to obtain a marriage license. (b) The contents of the marriage license are provided in Part 1 (commencing with Section 102100) of Division 102 of the Health and Safety Code. (c) The issued marriage license shall be presented to the person solemnizing the marriage by the parties to be married. (d) The person solemnizing the marriage shall complete the solemnization sections on the marriage license, and shall cause to be entered on the marriage license the printed name, signature, and mailing address of at least one, and no more than two, witnesses to the marriage ceremony. (e) The marriage license shall be returned by the person solemnizing the marriage to the county recorder of the county in which the license was issued within 10 days after the ceremony. (f) As used in this division, “returned” means presented to the appropriate person in person, or postmarked, before the expiration of the specified time period. (g) This section shall become operative on January 1, 2024. (Repealed (in Sec. 1) and added by Stats. 2021, Ch. 620, Sec. 2. (AB 583) Effective October 7, 2021. Operative January 1, 2024, by its own provisions.)
  25. 3590.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Spousal Support [3590 - 3593] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Support-agreement terms are treated as separate from property terms, and support orders based on the agreement are made under the court’s power to order spousal support.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Spousal Support [3590 - 3593] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3590. The provisions of an agreement for support of either party shall be deemed to be separate and severable from the provisions of the agreement relating to property. An order for support of either party based on the agreement shall be law-imposed and shall be made under the power of the court to order spousal support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  26. 3591.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Spousal Support [3590 - 3593] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Support agreements can usually be changed or ended by court order, but not for amounts that already accrued before the motion or order to show cause was filed, and not where the parties specifically agreed in writing or in open court that spousal support cannot be modified or terminated.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Spousal Support [3590 - 3593] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3591. (a) Except as provided in subdivisions (b) and (c), the provisions of an agreement for the support of either party are subject to subsequent modification or termination by court order. (b) An agreement may not be modified or terminated as to an amount that accrued before the date of the filing of the notice of motion or order to show cause to modify or terminate. (c) An agreement for spousal support may not be modified or revoked to the extent that a written agreement, or, if there is no written agreement, an oral agreement entered into in open court between the parties, specifically provides that the spousal support is not subject to modification or termination. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  27. 3592.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Spousal Support [3590 - 3593] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a spouse-support or property-settlement obligation is discharged in bankruptcy, the court may make proper support orders for the spouse.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Spousal Support [3590 - 3593] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3592. If an obligation under an agreement for settlement of property to a spouse or for support of a spouse is discharged in bankruptcy, the court may make all proper orders for the support of the spouse, as the court determines are just, having regard for the circumstances of the parties and the amount of the obligations under the agreement that are discharged. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  28. 3593.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Spousal Support [3590 - 3593] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Sections 3590 and 3591 apply only to property settlement agreements made on or after January 1, 1970.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Support Agreements [3580 - 3593] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Spousal Support [3590 - 3593] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3593. Sections 3590 and 3591 are effective only with respect to a property settlement agreement entered into on or after January 1, 1970, and do not affect an agreement entered into before January 1, 1970, as to which Chapter 1308 of the Statutes of 1967 shall apply. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  29. 360.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. )

    Verify source ↗

    This section requires the person solemnizing the marriage to get and return a duplicate marriage license in certain cases, and lets the county clerk charge an actual-cost fee.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. ) ## 360. (a) If a marriage license is lost, damaged, or destroyed after the marriage ceremony, but before it is returned to the county recorder, or deemed unacceptable for registration by the county recorder, the person solemnizing the marriage, in order to comply with Section 359, shall obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the license was issued. (b) The duplicate marriage license shall not be issued later than one year after the date of marriage and shall be returned by the person solemnizing the marriage to the county recorder within one year of the date of marriage. (c) The county clerk may charge a fee to cover the actual costs of issuing a duplicate marriage license. (d) If a marriage license is lost, damaged, or destroyed before a marriage ceremony takes place, the applicants shall purchase a new marriage license and the old license shall be voided. (Amended by Stats. 2016, Ch. 474, Sec. 5. (AB 2882) Effective January 1, 2017.)
  30. 3600.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Spousal and Child Support During Pendency of Proceeding [3600 - 3604] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    During certain family-law proceedings, the court may order spouse or parent support payments.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Spousal and Child Support During Pendency of Proceeding [3600 - 3604] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3600. During the pendency of any proceeding for dissolution of marriage or for legal separation of the parties or under Division 8 (commencing with Section 3000) (custody of children) or in any proceeding where there is at issue the support of a minor child or a child for whom support is authorized under Section 3901 or 3910, the court may order (a) either spouse to pay any amount that is necessary for the support of the other spouse, consistent with the requirements of subdivisions (i) and (m) of Section 4320 and Section 4325, or (b) either or both parents to pay any amount necessary for the support of the child, as the case may be. (Amended by Stats. 2014, Ch. 82, Sec. 35. (SB 1306) Effective January 1, 2015.)
  31. 3601.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Spousal and Child Support During Pendency of Proceeding [3600 - 3604] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A child support order under this chapter stays in effect until the court ends it or it ends by operation of law.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Spousal and Child Support During Pendency of Proceeding [3600 - 3604] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3601. (a) An order for child support entered pursuant to this chapter continues in effect until the order (1) is terminated by the court or (2) terminates by operation of law pursuant to Sections 3900, 3901, 4007, and 4013. (b) Subject to Section 3602, subdivision (a) applies notwithstanding any other provision of law and notwithstanding that the proceeding has not been brought to trial within the time limits specified in Chapter 1.5 (commencing with Section 583.110) of Title 8 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 1993, Ch. 219, Sec. 121. Effective January 1, 1994.)
  32. 3602.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Spousal and Child Support During Pendency of Proceeding [3600 - 3604] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An order under this chapter is not enforceable while the parties have reconciled and are living together, unless the order says otherwise.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Spousal and Child Support During Pendency of Proceeding [3600 - 3604] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3602. Unless the order specifies otherwise, an order made pursuant to this chapter is not enforceable during any period in which the parties have reconciled and are living together. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  33. 3603.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Spousal and Child Support During Pendency of Proceeding [3600 - 3604] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An order under this chapter may be changed or ended at any time, but not for amounts that accrued before the filing date of the motion or order to show cause.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Spousal and Child Support During Pendency of Proceeding [3600 - 3604] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3603. An order made pursuant to this chapter may be modified or terminated at any time except as to an amount that accrued before the date of the filing of the notice of motion or order to show cause to modify or terminate. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  34. 3604.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Spousal and Child Support During Pendency of Proceeding [3600 - 3604] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An order under this chapter does not affect the parties’ or child’s rights regarding any later order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Spousal and Child Support During Pendency of Proceeding [3600 - 3604] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3604. An order made pursuant to this chapter does not prejudice the rights of the parties or the child with respect to any subsequent order which may be made. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  35. 3650.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 1. General Provisions [3650 - 3654] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In this chapter, “support order” means a child, family, or spousal support order, unless the provision or context requires otherwise.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 1. General Provisions [3650 - 3654] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3650. Unless the provision or context otherwise requires, as used in this chapter, “support order” means a child, family, or spousal support order. (Amended by Stats. 1993, Ch. 219, Sec. 124.5. Effective January 1, 1994.)
  36. 3651.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 1. General Provisions [3650 - 3654] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section lets courts modify or end support orders, but it limits when that can happen and adds special rules for deployed servicemembers.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 1. General Provisions [3650 - 3654] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3651. (a) Except as provided in subdivisions (c) and (d) and subject to Article 3 (commencing with Section 3680) and Sections 3552, 3587, and 4004, a support order may be modified or terminated at any time as the court determines to be necessary. (b) Upon the filing of a supplemental complaint pursuant to Section 2330.1, a child support order in the original proceeding may be modified in conformity with the statewide uniform guideline for child support to provide for the support of all of the children of the same parents who were named in the initial and supplemental pleadings, to consolidate arrearages and wage assignments for children of the parties, and to consolidate orders for support. (c) (1) Except as provided in paragraph (2) and subdivision (b), a support order may not be modified or terminated as to an amount that accrued before the date of the filing of the notice of motion or order to show cause to modify or terminate. (2) If a party to a support order is activated to United States military duty or National Guard service and deployed out of state, the servicemember may file and serve a notice of activation of military service and request to modify a support order, in lieu of a notice of motion or order to show cause, by informing the court and the other party of the request to modify the support order based on the change in circumstance. The servicemember shall indicate the date of deployment and, if possible, the court shall schedule the hearing prior to that date. If the court cannot hear the matter prior to the date of deployment out of state, and the servicemember complies with the conditions set forth in the Servicemembers Civil Relief Act, Section 522 of the Appendix of Title 50 of the United States Code, the court shall grant a stay of proceedings consistent with the timelines for stays set forth in that section. If, after granting the mandatory stay required by Section 522 of the Appendix of Title 50 of the United States Code, the court fails to grant the discretionary stay described under the law, it shall comply with the federal mandate to appoint counsel to represent the interests of the deployed servicemember. The court may not proceed with the matter if it does not appoint counsel, unless the servicemember is represented by other counsel. If the court stays the proceeding until after the return of the service member, the servicemember shall request the court to set the matter for hearing within 90 days of return from deployment or the matter shall be taken off calendar and the existing order may not be made retroactive pursuant to subdivision (c) of Section 3653. (3) A servicemember who does not file a notice of activation of military service and request to modify a support order or order to show cause or notice of motion prior to deployment out of state nonetheless shall not be subject to penalties otherwise authorized by Chapter 5 (commencing with Section 4720) of Part 5 on the amount of child support that would not have accrued if the order had been modified pursuant to paragraph (2), absent a finding by the court of good cause. Any such finding shall be stated on the record. (4) Notwithstanding any other law, interest shall not accrue on that amount of a child support obligation that would not have become due and owing if the activated servicemember modified the support order upon activation to reflect the change in income due to the activation. Upon a finding by the court that good cause did not exist for the servicemember’s failure to seek, or delay in seeking, the modification, interest shall accrue as otherwise allowed by law. (d) An order for spousal support may not be modified or terminated to the extent that a written agreement or, if there is no written agreement, an oral agreement entered into in open court between the parties, specifically provides that the spousal support is not subject to modification or termination. (e) This section applies whether or not the support order is based upon an agreement between the parties. (f) This section is effective only with respect to a property settlement agreement entered into on or after January 1, 1970, and does not affect an agreement entered into before January 1, 1970, as to which Chapter 1308 of the Statutes of 1967 shall apply. (g) (1) The Judicial Council, no later than 90 days after the effective date of the act adding this section, shall develop forms and procedures necessary to implement paragraph (2) of subdivision (c). The Judicial Council shall ensure that all forms adopted pursuant to this section are in plain language. (2) The form developed by the Judicial Council, in addition to other items the Judicial Council determines to be necessary or appropriate, shall include the following: (A) The date of deployment and all information relevant to the determination of the amount of child support, including whether the servicemember’s employer will supplement the servicemember’s income during the deployment. (B) A notice informing the opposing party that, absent a finding of good cause, the order will be made retroactive to the date of service of the form or the date of deployment, whichever is later. (C) Notice that the requesting party must notify the court and the other party upon return from military duty and seek to bring any unresolved request for modification to hearing within 90 days of return, or else lose the right to modify the order pursuant to this section. (Amended by Stats. 2019, Ch. 115, Sec. 39. (AB 1817) Effective January 1, 2020.)
  37. 3652.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 1. General Provisions [3650 - 3654] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A support-order modification, termination, or set-aside order may include attorney’s fees and court costs for the prevailing party, except against a governmental agency.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 1. General Provisions [3650 - 3654] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3652. Except as against a governmental agency, an order modifying, terminating, or setting aside a support order may include an award of attorney’s fees and court costs to the prevailing party. (Amended by Stats. 1999, Ch. 653, Sec. 3. Effective January 1, 2000.)
  38. 3653.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 1. General Provisions [3650 - 3654] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Courts may make support-order modifications or terminations retroactive, but certain unemployment- and military-service-based cases must be retroactive unless the court finds good cause not to do so.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 1. General Provisions [3650 - 3654] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3653. (a) An order modifying or terminating a support order may be made retroactive to the date of the filing of the notice of motion or order to show cause to modify or terminate, or to any subsequent date, except as provided in subdivision (b) or by federal law (42 U.S.C. Sec. 666(a)(9)). (b) If an order modifying or terminating a support order is entered due to the unemployment of either the support obligor or the support obligee, the order shall be made retroactive to the later of the date of the service on the opposing party of the notice of motion or order to show cause to modify or terminate or the date of unemployment, subject to the notice requirements of federal law (42 U.S.C. Sec. 666(a)(9)), unless the court finds good cause not to make the order retroactive and states its reasons on the record. (c) If an order modifying or terminating a support order is entered due to a change in income resulting from the activation to United States military service or National Guard duty and deployment out of state for either the support obligor or the support obligee, the order shall be made retroactive to the later of the date of the service on the opposing party of the notice of activation, notice of motion, order to show cause to modify or terminate, or the date of activation, subject to the notice requirements of federal law (42 U.S.C. Sec. 666(a)(9)), unless the court finds good cause not to make the order retroactive and states its reasons on the record. Good cause shall include, but not be limited to, a finding by the court that the delay in seeking the modification was not reasonable under the circumstances faced by the service member. (d) If an order decreasing or terminating a support order is entered retroactively pursuant to this section, the support obligor may be entitled to, and the support obligee may be ordered to repay, according to the terms specified in the order, any amounts previously paid by the support obligor pursuant to the prior order that are in excess of the amounts due pursuant to the retroactive order. The court may order that the repayment by the support obligee shall be made over any period of time and in any manner, including, but not limited to, by an offset against future support payments or wage assignment, as the court deems just and reasonable. In determining whether to order a repayment, and in establishing the terms of repayment, the court shall consider all of the following factors: (1) The amount to be repaid. (2) The duration of the support order prior to modification or termination. (3) The financial impact on the support obligee of any particular method of repayment such as an offset against future support payments or wage assignment. (4) Any other facts or circumstances that the court deems relevant. (Amended by Stats. 2005, Ch. 154, Sec. 3. Effective August 30, 2005.)
  39. 3654.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 1. General Provisions [3650 - 3654] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    At the request of either party, an order modifying, terminating, or setting aside a support order must include a statement of decision.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 1. General Provisions [3650 - 3654] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3654. At the request of either party, an order modifying, terminating, or setting aside a support order shall include a statement of decision. (Amended by Stats. 1999, Ch. 653, Sec. 5. Effective January 1, 2000. Operative January 1, 1994.)
  40. 3660.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This article allows inexpensive discovery of facts before a proceeding to modify or terminate child, family, or spousal support is started.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3660. The purpose of this article is to permit inexpensive discovery of facts before the commencement of a proceeding for modification or termination of an order for child, family, or spousal support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  41. 3662.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Other discovery methods may be used only if a motion to modify or terminate the support order is already pending.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3662. Methods of discovery other than that described in this article may only be used if a motion for modification or termination of the support order is pending. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  42. 3663.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If there is no pending motion to modify or terminate a support order, discovery under this article may be requested no more than once every 12 months.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3663. In the absence of a pending motion for modification or termination of a support order, a request for discovery pursuant to this article may be undertaken not more frequently than once every 12 months. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  43. 3664.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section lets a support party, the support recipient, or that person’s assignee request income-and-expense information, and later request limited income-and-benefit information from the other party’s employer if the first response is missing or incomplete.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3664. (a) At any time following a judgment of dissolution of marriage or legal separation of the parties, or a determination of parentage, that provides for payment of support, either the party ordered to pay support or the party to whom support was ordered to be paid or that party’s assignee, without leave of court, may serve a request on the other party for the production of a completed current income and expense declaration in the form adopted by the Judicial Council. (b) If there is no response within 35 days of service of the request or if the responsive income and expense declaration is incomplete as to any wage information, including the attachment of pay stubs and income tax returns, the requesting party may serve a request on the employer of the other party for information limited to the income and benefits provided to the party in the form adopted by the Judicial Council. The employer may require the requesting party to pay the reasonable costs of copying this information for the requesting party. The date specified in the request served on the employer for the production of income and benefit information shall not be less than 15 days from the date this request is issued. (c) The requesting party shall serve or cause to be served on the employee described in this section, or on the employee’s attorney, a copy of the request served on the employer prior to the date specified in the request served on the employer for the production of income and benefit information. This copy shall be accompanied by a notice, in a typeface that is intended to call attention to its terms, that indicates all of the following: (1) That information limited to the income and benefits provided to the employee by the employer is being sought from the employer named in the request for production. (2) That the information may be protected by right of privacy. (3) That, if the employee objects to the production of this information by the employer to the requesting party, the employee shall notify the court, in writing, of this objection prior to the date specified in the request served on the employer for the production of income and benefit information. (4) That, if the requesting party does not agree, in writing, to cancel or narrow the scope of the request for the production of this information by the employer, the employee should consult an attorney regarding the employee’s right to privacy and how to protect this right. (d) The employee described in this section may, prior to the date specified in the request served on the employer for the production of income and benefit information, bring a motion pursuant to Section 1987.1 of the Code of Civil Procedure to quash or modify this request in the same manner as a subpoena duces tecum. Notice of this motion shall be given to the employer prior to the date specified in the request served on the employer for the production of income and benefit information. An employer is not required to produce information limited to the income and benefits of the employee, except upon order of the court or upon agreement of the parties, employers, and employee affected. (e) Service of a request for production of an income and expense declaration or for income and benefit information pursuant to this section or a copy thereof shall be by certified mail, postage prepaid, return receipt requested, to the last known address of the party to be served, or by personal service. (f) The form adopted by the Judicial Council for purposes of the request on an employer described in subdivision (b) shall state that compliance with the request is voluntary, except upon order of the court or upon agreement of the parties, employers, and employee affected. (Amended by Stats. 2019, Ch. 115, Sec. 40. (AB 1817) Effective January 1, 2020.)
  44. 3665.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Each party must attach prior-year federal and state personal income tax returns to the income and expense declaration, and a party may not share the other party’s tax returns except with listed people or by court permission.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3665. (a) A copy of the prior year’s federal and state personal income tax returns shall be attached to the income and expense declaration of each party. (b) A party shall not disclose the contents or provide copies of the other party’s tax returns to anyone except the court, the party’s attorney, the party’s accountant, or other financial consultant assisting with matters relating to the proceeding, or any other person permitted by the court. (c) The tax returns shall be controlled by the court as provided in Section 3552. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  45. 3666.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This article may be enforced using specified civil procedure discovery enforcement rules.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3666. This article may be enforced in the manner specified in Sections 1991, 1991.1, 1991.2, 1992, and 1993 of the Code of Civil Procedure and in the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure), and any other statutes applicable to the enforcement of procedures for discovery. (Amended by Stats. 2004, Ch. 182, Sec. 34. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  46. 3667.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a support-order modification or termination motion is later filed, the court may sanction the responding party if their income-and-expense declaration was incomplete, inaccurate, missing prior-year tax returns, or not made in good faith.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3667. Upon the subsequent filing of a motion for modification or termination of the support order by the requesting party, if the court finds that the income and expense declaration submitted by the responding party pursuant to this article was incomplete, inaccurate, or missing the prior year’s federal and state personal income tax returns, or that the declaration was not submitted in good faith, the court may order sanctions against the responding party in the form of payment of all costs of the motion, including the filing fee and the costs of the depositions and subpoenas necessary to be utilized in order to obtain complete and accurate information. This section is applicable regardless of whether a party has utilized subdivision (b) of Section 3664. (Amended by Stats. 1995, Ch. 506, Sec. 3. Effective January 1, 1996.)
  47. 3668.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The Judicial Council must adopt forms for the procedure in this article.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding [3660 - 3668] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3668. The Judicial Council shall adopt forms which shall be used in the procedure provided by this article. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  48. 3680.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 3. Simplified Procedure for Modification of Support Order [3680 - 3680.5] ( Article 3 added by Stats. 1996, Ch. 957, Sec. 5. )

    Verify source ↗

    The Legislature says parents need a simpler way to modify support orders, and it expresses the intent that the Judicial Council adopt court rules and forms for that purpose.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 3. Simplified Procedure for Modification of Support Order [3680 - 3680.5] ( Article 3 added by Stats. 1996, Ch. 957, Sec. 5. ) ## 3680. (a) The Legislature finds and declares the following: (1) There is currently no simple method available to parents to quickly modify their support orders when circumstances warrant a change in the amount of support. (2) The lack of a simple method for parents to use to modify support orders has led to orders in which the amount of support ordered is inappropriate based on the parents’ financial circumstances. (3) Parents should not have to incur significant costs or experience significant delays in obtaining an appropriate support order. (b) Therefore, it is the intent of the Legislature that the Judicial Council adopt rules of court and forms for a simplified method to modify support orders. This simplified method should be designed to be used by parents who are not represented by counsel. (Added by Stats. 1996, Ch. 957, Sec. 5. Effective January 1, 1997.)
  49. 3680.5.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 3. Simplified Procedure for Modification of Support Order [3680 - 3680.5] ( Article 3 added by Stats. 1996, Ch. 957, Sec. 5. )

    Verify source ↗

    The local child support agency must monitor child support cases and seek modifications when needed.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 3. Simplified Procedure for Modification of Support Order [3680 - 3680.5] ( Article 3 added by Stats. 1996, Ch. 957, Sec. 5. ) ## 3680.5. (a) The local child support agency shall monitor child support cases and seek modifications, when needed. (b) At least once every three years, the local child support agency shall review, and, if appropriate, seek modification of, each child support case for which assistance is being provided under the CalWORKs program, pursuant to Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code. (Amended by Stats. 2007, Ch. 488, Sec. 1. Effective January 1, 2008.)
  50. 3690.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 4. Relief From Orders [3690 - 3693] ( Article 4 added by Stats. 1999, Ch. 653, Sec. 6. )

    Verify source ↗

    A court may relieve a party from a support order if the statutory conditions are met, but only after the six-month Section 473 time limit has run and only on just terms.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 4. Relief From Orders [3690 - 3693] ( Article 4 added by Stats. 1999, Ch. 653, Sec. 6. ) ## 3690. (a) The court may, on any terms that may be just, relieve a party from a support order, or any part or parts thereof, after the six-month time limit of Section 473 of the Code of Civil Procedure has run, based on the grounds, and within the time limits, provided in this article. (b) In all proceedings under this division, before granting relief, the court shall find that the facts alleged as the grounds for relief materially affected the original order and that the moving party would materially benefit from the granting of the relief. (c) Nothing in this article shall limit or modify the provisions of Section 17432 or 17433. (d) This section shall only be operative if Assembly Bill 196, of the 1999–2000 Regular Session, is enacted and becomes operative. (Added by Stats. 1999, Ch. 653, Sec. 6 (2nd text). Effective January 1, 2000. Note: Operational condition in subd. (d) was satisfied; AB 196 was enacted as Stats. 1999, Ch. 478.)
  51. 3691.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 4. Relief From Orders [3690 - 3693] ( Article 4 added by Stats. 1999, Ch. 653, Sec. 6. )

    Verify source ↗

    This section sets the grounds and deadlines for asking to set aside a support order, including fraud, perjury, and lack of notice.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 4. Relief From Orders [3690 - 3693] ( Article 4 added by Stats. 1999, Ch. 653, Sec. 6. ) ## 3691. The grounds and time limits for an action or motion to set aside a support order, or part thereof, are governed by this section and shall be one of the following: (a) Actual fraud. Where the defrauded party was kept in ignorance or in some other manner, other than through the party’s own lack of care or attention, was fraudulently prevented from fully participating in the proceeding. An action or motion based on fraud shall be brought within six months after the date on which the complaining party discovered or reasonably should have discovered the fraud. (b) Perjury. An action or motion based on perjury shall be brought within six months after the date on which the complaining party discovered or reasonably should have discovered the perjury. (c) Lack of Notice. (1) When service of a summons has not resulted in notice to a party in time to defend the action for support and a default or default judgment has been entered against the party in the action, the party may serve and file a notice of motion to set aside the default and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event later than six months after the party obtains or reasonably should have obtained notice (A) of the support order, or (B) that the party’s income and assets are subject to attachment pursuant to the order. (2) A notice of motion to set aside a support order pursuant to this subdivision shall be accompanied by an affidavit showing, under oath, that the party’s lack of notice in time to defend the action was not caused by avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action. (3) The court may not set aside or otherwise relieve a party from a support order pursuant to this subdivision if service of the summons was accomplished in accordance with existing requirements of law regarding service of process. (Amended by Stats. 2019, Ch. 115, Sec. 41. (AB 1817) Effective January 1, 2020.)
  52. 3692.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 4. Relief From Orders [3690 - 3693] ( Article 4 added by Stats. 1999, Ch. 653, Sec. 6. )

    Verify source ↗

    A support order cannot be set aside just because it was unfair when made or because later changes make it too high or too low.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 4. Relief From Orders [3690 - 3693] ( Article 4 added by Stats. 1999, Ch. 653, Sec. 6. ) ## 3692. Notwithstanding any other provision of this article, or any other law, a support order may not be set aside simply because the court finds that it was inequitable when made, nor simply because subsequent circumstances caused the support ordered to become excessive or inadequate. (Added by Stats. 1999, Ch. 653, Sec. 6. Effective January 1, 2000.)
  53. 3693.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 4. Relief From Orders [3690 - 3693] ( Article 4 added by Stats. 1999, Ch. 653, Sec. 6. )

    Verify source ↗

    When deciding whether to set aside a support order, the court must limit relief to the provisions materially affected, unless equitable considerations make setting aside the entire order necessary.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Modification,Termination, or Set Aside of Support Orders [3650 - 3693] ( Heading of Chapter 6 amended by Stats. 1999, Ch. 653, Sec. 2. ) ## ARTICLE 4. Relief From Orders [3690 - 3693] ( Article 4 added by Stats. 1999, Ch. 653, Sec. 6. ) ## 3693. When ruling on an action or motion to set aside a support order, the court shall set aside only those provisions materially affected by the circumstances leading to the court’s decision to grant relief. However, the court has discretion to set aside the entire order, if necessary, for equitable considerations. (Added by Stats. 1999, Ch. 653, Sec. 6. Effective January 1, 2000.)
  54. 3750.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Health Insurance Coverage for Supported Child [3750 - 3753] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “health insurance coverage” for this article.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Health Insurance Coverage for Supported Child [3750 - 3753] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3750. “Health insurance coverage” as used in this article includes all of the following: (a) Vision care and dental care coverage whether the vision care or dental care coverage is part of existing health insurance coverage or is issued as a separate policy or plan. (b) Provision 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 a dependent child of an absent parent. (Amended by Stats. 1996, Ch. 1062, Sec. 1. Effective January 1, 1997.)
  55. 3751.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Health Insurance Coverage for Supported Child [3750 - 3753] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Support orders in this chapter must include health-insurance provisions for the child and related reporting, maintenance, application, and continuation requirements.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Health Insurance Coverage for Supported Child [3750 - 3753] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3751. (a) (1) Support orders issued or modified pursuant to this chapter shall include a provision requiring the child support obligor to keep the agency designated under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.) informed of whether the obligor has health insurance coverage at a reasonable cost and, if so, the health insurance policy information. (2) When an amount is set for current support, the court shall require that health insurance coverage for a supported child shall be maintained by either or both parents if that insurance is available at no cost or at a reasonable cost to the parent. Health insurance coverage shall be rebuttably presumed to be 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, medical support shall be deemed not reasonable, unless the court determines that not requiring medical support would be unjust and inappropriate in the particular case. If the court determines that the cost of health insurance coverage is not reasonable, the court shall state its reasons on the record. If the court determines that, although the obligor is entitled to a low-income adjustment, not requiring medical support would be unjust and inappropriate, the court shall state its reasons on the record. (b) If the court determines that health insurance coverage is not available at no cost or at a reasonable cost, the court’s order for support shall contain a provision that specifies that health insurance coverage shall be obtained if it becomes available at no cost or at a reasonable cost. Upon health insurance coverage at no cost or at a reasonable cost becoming available to a parent, the parent shall apply for that coverage. (c) The court’s order for support shall require the parent who, at the time of the order or subsequently, provides health insurance coverage for a supported child to seek continuation of coverage for the child upon attainment of the limiting age for a dependent child under the health insurance coverage if the child meets the criteria specified under Section 1373 of the Health and Safety Code or Section 10277 or 10278 of the Insurance Code and that health insurance coverage is available at no cost or at a reasonable cost to the parent or parents, as applicable. (Amended by Stats. 2019, Ch. 115, Sec. 42. (AB 1817) Effective January 1, 2020.)
  56. 3751.5.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Health Insurance Coverage for Supported Child [3750 - 3753] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Employers and insurers may not refuse a child’s enrollment in a parent’s health coverage on listed grounds, and must follow special rules for court-ordered child coverage.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Health Insurance Coverage for Supported Child [3750 - 3753] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3751.5. (a) Notwithstanding any other provision of law, an employer or insurer shall not deny enrollment of a child under the health insurance coverage of a child’s parent on any of the following grounds: (1) The child was born out of wedlock. (2) The child is not claimed as a dependent on the parent’s federal income tax return. (3) The child does not reside with the parent or within the insurer’s service area. (b) Notwithstanding any other provision of law, in any case in which a parent is required by a court or administrative order to provide health insurance coverage for a child and the parent is eligible for family health coverage through an employer or an insurer, the employer or insurer shall do all of the following, as applicable: (1) Permit the parent to enroll under health insurance coverage any child who is otherwise eligible to enroll for that coverage, without regard to any enrollment period restrictions. (2) If the parent is enrolled in health insurance coverage but fails to apply to obtain coverage of the child, enroll that child under the health coverage upon presentation of the court order or request by the local child support agency, the other parent or person having custody of the child, or the Medi-Cal program. (3) The employer or insurer shall not disenroll or eliminate coverage of a child unless either of the following applies: (A) The employer has eliminated family health insurance coverage for all of the employer’s employees. (B) The employer or insurer is provided with satisfactory written evidence that either of the following apply: (i) The court order or administrative order is no longer in effect or is terminated pursuant to Section 3770. (ii) The child is or will be enrolled in comparable health insurance coverage through another insurer that will take effect not later than the effective date of the child’s disenrollment. (c) In any case in which health insurance coverage is provided for a child pursuant to a court or administrative order, the insurer shall do all of the following: (1) Provide any information, including, but not limited to, the health insurance membership or identification card regarding the child, the evidence of coverage and disclosure form, and any other information provided to the covered parent about the child’s health care coverage to the noncovered parent having custody of the child or any other person having custody of the child and to the local child support agency when requested by the local child support agency. (2) Permit the noncovered parent or person having custody of the child, or a provider with the approval of the noncovered parent or person having custody, to submit claims for covered services without the approval of the covered parent. (3) Make payment on claims submitted in accordance with subparagraph (2) directly to the noncovered parent or person having custody, the provider, or to the Medi-Cal program. Payment on claims for services provided to the child shall be made to the covered parent for claims submitted or paid by the covered parent. (d) For purposes of this section, “insurer” includes every health care service plan, self-insured welfare benefit plan, including those regulated pursuant to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001, et seq.), self-funded employer plan, disability insurer, nonprofit hospital service plan, labor union trust fund, employer, and any other similar plan, insurer, or entity offering a health coverage plan. (e) For purposes of this section, “person having custody of the child” is defined as a legal guardian, a caregiver who is authorized to enroll the child in school or to authorize medical care for the child pursuant to Section 6550, or a person with whom the child resides. (f) For purposes of this section, “employer” has the meaning provided in Section 5210. (g) For purposes of this section, the insurer shall notify the covered parent and noncovered parent having custody of the child or any other person having custody of the child in writing at any time that health insurance for the child is terminated. (h) The requirements of subdivision (g) shall not apply unless the court, employer, or person having custody of the child provides the insurer with one of the following: (1) A qualified medical child support order that meets the requirements of subdivision (a) of Section 1169 of Title 29 of the United States Code. (2) A health insurance coverage assignment or assignment order made pursuant to Section 3761. (3) A national medical support notice made pursuant to Section 3773. (i) The noncovered parent or person having custody of the child may contact the insurer, by telephone or in writing, and request information about the health insurance coverage for the child. Upon request of the noncovered parent or person having custody of the child, the insurer shall provide the requested information that is specific to the health insurance coverage for the child. (Amended by Stats. 2001, Ch. 755, Sec. 2. Effective October 12, 2001.)
  57. 3752.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Health Insurance Coverage for Supported Child [3750 - 3753] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must order a parent to notify the local child support agency when health insurance is applied for and obtained for the child, and the agency must handle a medical form and share policy information in certain cases.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Health Insurance Coverage for Supported Child [3750 - 3753] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3752. (a) If the local child support agency has been designated as the assigned payee for child support, the court shall order the parent to notify the local child support agency upon applying for and obtaining health insurance coverage for the child within a reasonable period of time. (b) The local child support agency shall obtain a completed medical form from the parent in accordance with Section 17422 and shall forward the completed form to the State Department of Health Services. (c) In those cases where the local child support agency is providing medical support enforcement services, the local child support agency shall provide the parent or person having custody of the child with information pertaining to the health insurance policy that has been secured for the child. (Amended by Stats. 2000, Ch. 808, Sec. 30. Effective September 28, 2000.)
  58. 3752.5.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Health Insurance Coverage for Supported Child [3750 - 3753] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Child support orders must require both parents to share health insurance information, and the Judicial Council must update the family law order form, with a temporary exception for subdivision (b) until January 1, 2010.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Health Insurance Coverage for Supported Child [3750 - 3753] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3752.5. (a) A child support order issued or modified pursuant to this division shall include a provision requiring the child support obligor to keep the obligee informed of whether the obligor has health insurance made available through the obligor’s employer or has other group health insurance and, if so, the health insurance policy information. The support obligee under a child support order shall inform the support obligor of whether the obligee has health insurance made available through the employer or other group health insurance and, if so, the health insurance policy information. (b) A child support order issued or modified pursuant to this division shall include a provision requiring the child support obligor and obligee to provide the information described in subdivision (a) for a child or an adult who meets the criteria for continuation of health insurance coverage upon attaining the limiting age pursuant to Section 1373 of the Health and Safety Code or Section 10277 or 10278 of the Insurance Code. (c) The Judicial Council shall modify the form of the order for health insurance coverage (family law) to notify child support obligors of the requirements of this section and of Section 3752. Notwithstanding any other provision of law, the Judicial Council shall not be required to modify the form of the order for health insurance coverage (family law) to include the provisions described in subdivision (b) until January 1, 2010. (Amended by Stats. 2007, Ch. 617, Sec. 2. Effective January 1, 2008.)
  59. 3753.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Health Insurance Coverage for Supported Child [3750 - 3753] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The cost of health insurance is added on top of the child support amount ordered under Article 2, with actual health insurance costs given due consideration.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Health Insurance Coverage for Supported Child [3750 - 3753] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3753. The cost of the health insurance shall be in addition to the child support amount ordered under Article 2 (commencing with Section 4050), with allowance for the costs of health insurance actually obtained given due consideration under subdivision (d) of Section 4059. (Repealed and added by Stats. 1994, Ch. 1269, Sec. 36. Effective January 1, 1995.)
  60. 3760.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines terms used in the article on health insurance coverage assignment.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3760. As used in this article, unless the provision or context otherwise requires: (a) “Employer” includes the United States government and any public entity as defined in Section 811.2 of the Government Code. (b) “Health insurance,” “health insurance plan,” “health insurance coverage,” “health care services,” or “health insurance coverage assignment” includes vision care and dental care coverage whether the vision care or dental care coverage is part of existing health insurance coverage or is issued as a separate policy or plan. (c) “Health insurance coverage assignment” or “assignment order” means an order made under Section 3761. (d) “National medical support notice” means the notice required by Section 666(a)(19) of Title 42 of the United States Code with respect to an order made pursuant to Section 3773. (Amended by Stats. 2000, Ch. 119, Sec. 1. Effective January 1, 2001.)
  61. 3761.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may order an employer or other health insurer to enroll the supported child in the obligor’s health plan and deduct any premium or cost from the obligor’s earnings, unless the court finds good cause not to do so.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3761. (a) Upon application by a party or local child support agency in any proceeding where the court has ordered either or both parents to maintain health insurance coverage under Article 1 (commencing with Section 3750), the court shall order the employer of the obligor parent or other person providing health insurance to the obligor to enroll the supported child in the health insurance plan available to the obligor through the employer or other person and to deduct the appropriate premium or costs, if any, from the earnings of the obligor unless the court makes a finding of good cause for not making the order. (b) (1) The application shall state that the party or local child support agency seeking the assignment order has given the obligor a written notice of the intent to seek a health insurance coverage assignment order in the event of a default in instituting coverage required by court order on behalf of the parties’ child and that the notice was transmitted by first-class mail, postage prepaid, or personally served at least 15 days before the date of the filing of the application for the order. The written notice of the intent to seek an assignment order required by this subdivision may be given at the time of filing a petition or complaint for support or at any later time, but shall be given at least 15 days before the date of filing the application under this section. The obligor may at any time waive the written notice required by this subdivision. (2) The party or local child support agency seeking the assignment order shall file a certificate of service showing the method and date of service of the order and the statements required under Section 3772 upon the employer or provider of health insurance. (c) The total amount that may be withheld from earnings for all obligations, including health insurance assignments, is limited by subdivision (a) of Section 706.052 of the Code of Civil Procedure or Section 1673 of Title 15 of the United States Code, whichever is less. (Amended by Stats. 2000, Ch. 808, Sec. 31. Effective September 28, 2000.)
  62. 3762.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court can refuse a health insurance coverage assignment order only for the listed statutory grounds or if the order would cause extraordinary hardship to the obligor.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3762. Good cause for not making a health insurance coverage assignment order shall be limited to either of the following: (a) The court finds that one of the conditions listed in subdivision (a) of Section 3765 or in Section 3770 exists. (b) The court finds that the health insurance coverage assignment order would cause extraordinary hardship to the obligor. The court shall specify the nature of the extraordinary hardship and, whenever possible, a date by which the obligor shall obtain health insurance coverage or be subject to a health insurance coverage assignment. (Amended by Stats. 1994, Ch. 1269, Sec. 38. Effective January 1, 1995.)
  63. 3763.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may order a health insurance coverage assignment order at trial or when entering a judgment for health insurance coverage, and may later modify the order at any time.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3763. (a) The health insurance coverage assignment order may be ordered at the time of trial or entry of a judgment ordering health insurance coverage. The order operates as an assignment and is binding on any existing or future employer of the obligor parent, or other person providing health insurance to the obligor, upon whom a copy of the order has been served. (b) The order of assignment may be modified at any time by the court. (Amended by Stats. 1994, Ch. 1269, Sec. 39. Effective January 1, 1995.)
  64. 3764.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A health insurance coverage assignment order is not effective until 20 days after service, and the employer or other health insurer must give the obligor a copy of the order and a written statement of rights within 10 days after service.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3764. (a) A health insurance coverage assignment order does not become effective until 20 days after service by the applicant of the assignment order on the employer. (b) Within 10 days after service of the order, the employer or other person providing health insurance to the obligor shall deliver a copy of the order to the obligor, together with a written statement of the obligor’s rights and the relevant procedures under the law to move to quash the order. (c) Service of a health insurance coverage assignment order on any employer or other person providing health insurance may be made by first class mail in the manner prescribed in Section 1013 of the Code of Civil Procedure. (Amended by Stats. 1994, Ch. 1269, Sec. 40. Effective January 1, 1995.)
  65. 3765.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The obligor may ask the court to quash a health insurance coverage assignment order if the obligor declares under penalty of perjury that one of the listed errors exists.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3765. (a) The obligor may move to quash a health insurance coverage assignment order as provided in this section if the obligor declares under penalty of perjury that there is error on any of the following grounds: (1) No order to maintain health insurance has been issued under Article 1 (commencing with Section 3750). (2) The amount to be withheld for premiums is greater than that permissible under Article 1 (commencing with Section 3750) or greater than the amount otherwise ordered by the court. (3) The amount of the increased premium is unreasonable. (4) The alleged obligor is not the obligor from whom health insurance coverage is due. (5) The child is or will be otherwise provided health care coverage. (6) The employer’s choice of coverage is inappropriate. (b) The motion and notice of motion to quash the assignment order, including the declaration required by subdivision (a), shall be filed with the court issuing the assignment order within 15 days after delivery of a copy of the order to the obligor pursuant to subdivision (b) of Section 3764. The court clerk shall set the motion for hearing not less than 15 days, nor more than 30 days, after receipt of the notice of motion. The clerk shall, within five days after receipt of the notice of motion, deliver a copy of the notice of motion to (1) the district attorney personally or by first-class mail, and (2) the applicant and the employer or other person providing health insurance, at the appropriate addresses contained in the application, by first-class mail. (c) Upon a finding of error described in subdivision (a), the court shall quash the assignment. (Amended by Stats. 1994, Ch. 1269, Sec. 41. Effective January 1, 1995.)
  66. 3766.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Employers or other health insurance providers must begin coverage for an assignment order quickly, and may need to enroll the child or return the order if coverage is unavailable.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3766. (a) The employer, or other person providing health insurance, shall take steps to commence coverage, consistent with the order for the health insurance coverage assignment, within 30 days after service of the assignment order upon the obligor under Section 3764 unless the employer or other person providing health insurance coverage receives an order issued pursuant to Section 3765 to quash the health insurance coverage assignment. The employer, or the person providing health insurance, shall commence coverage at the earliest possible time and, if applicable, consistent with the group plan enrollment rules. (b) If the obligor has made a selection of health coverage prior to the issuance of the court order, the selection shall not be superseded unless the child to be enrolled in the plan will not be provided benefits or coverage where the child resides or the court order specifically directs other health coverage. (c) If the obligor has not enrolled in an available health plan, there is a choice of coverage, and the court has not ordered coverage by a specific plan, the employer or other person providing health insurance shall enroll the child in the plan that will provide reasonable benefits or coverage where the child resides. If that coverage is not available, the employer or other person providing health insurance shall, within 20 days, return the assignment order to the attorney or person initiating the assignment. (d) If an assignment order is served on an employer or other person providing health insurance and no coverage is available for the supported child, the employer or other person shall, within 20 days, return the assignment to the attorney or person initiating the assignment. (Amended by Stats. 2002, Ch. 927, Sec. 2. Effective January 1, 2003.)
  67. 3767.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The employer or other person providing health insurance must notify the assignment-order applicant of the child’s coverage start date, and must provide coverage evidence, needed information, and claim forms in specified situations.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3767. The employer or other person providing health insurance shall do all of the following: (a) Notify the applicant for the assignment order or notice of assignment of the commencement date of the coverage of the child. (b) Provide evidence of coverage and any information necessary for the child to obtain benefits through the coverage to both parents or the person having custody of the child and to the local child support agency when requested by the local child support agency. (c) Upon request by the parents or person having custody of the child, provide all forms and other documentation necessary for the purpose of submitting claims to the insurance carrier which the employer or other person providing health insurance usually provides to insureds. (Amended by Stats. 2001, Ch. 755, Sec. 3. Effective October 12, 2001.)
  68. 3768.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An employer or other person providing health insurance must comply with a valid health insurance coverage assignment order, or they may be liable for covered health care costs and punished for contempt of court.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3768. (a) An employer or other person providing health insurance who willfully fails to comply with a valid health insurance coverage assignment order entered and served on the employer or other person pursuant to this article is liable to the applicant for the amount incurred in health care services that would otherwise have been covered under the insurance policy but for the conduct of the employer or other person that was contrary to the assignment order. (b) Willful failure of an employer or other person providing health insurance to comply with a health insurance coverage assignment order is punishable as contempt of court under Section 1218 of the Code of Civil Procedure. (Amended by Stats. 1994, Ch. 1269, Sec. 43. Effective January 1, 1995.)
  69. 3769.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Employers must not use a health insurance coverage assignment order as a reason to refuse to hire, fire, or discipline someone.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3769. No employer shall use a health insurance coverage assignment order as grounds for refusing to hire a person or for discharging or taking disciplinary action against an employee. An employer who violates this section may be assessed a civil penalty of a maximum of five hundred dollars ($500). (Amended by Stats. 1994, Ch. 1269, Sec. 44. Effective January 1, 1995.)
  70. 3770.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must terminate a health insurance coverage assignment order when the obligor moves for termination and one of the listed conditions is met.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3770. Upon notice of motion by the obligor, the court shall terminate a health insurance coverage assignment order if any of the following conditions exist: (a) A new order has been issued under Article 1 (commencing with Section 3750) that is inconsistent with the existing assignment. (b) The employer or other person providing health insurance has discontinued that coverage to the obligor. (c) The court determines that there is good cause, consistent with Section 3762, to terminate the assignment. (d) The death or emancipation of the child for whom the health insurance has been obtained. (Amended by Stats. 1994, Ch. 1269, Sec. 45. Effective January 1, 1995.)
  71. 3771.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An employer must give specified information to the local child support agency within 30 days of request, and must later report any lapse in health insurance coverage.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3771. Upon request of the local child support agency the employer shall provide the following information to the local child support agency within 30 days: (a) The social security number of the absent parent. (b) The home address of the absent parent. (c) Whether the absent parent has a health insurance policy and, if so, the policy names and numbers, and the names of the persons covered. (d) Whether the health insurance policy provides coverage for dependent children of the absent parent who do not reside in the absent parent’s home. (e) If there is a subsequent lapse in health insurance coverage, the employer shall notify the local child support agency, giving the date the coverage ended, the reason for the lapse in coverage and, if the lapse is temporary, the date upon which coverage is expected to resume. (Amended by Stats. 2000, Ch. 808, Sec. 32. Effective September 28, 2000.)
  72. 3772.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The Judicial Council must adopt health insurance coverage assignment forms and include required information in them.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3772. The Judicial Council shall adopt forms for the health insurance coverage assignment required or authorized by this article, including, but not limited to, the application, the order, the statement of the obligor’s rights, and an employer’s return form which shall include information on the limitations on the total amount that may be withheld from earnings for obligations, including health insurance assignments, under subdivision (a) of Section 706.052 of the Code of Civil Procedure and Section 1673 of Title 15 of the United States Code, and the information required by Section 3771. The parties and child shall be sufficiently identified on the forms by the inclusion of birth dates, social security numbers, and any other information the Judicial Council determines is necessary. (Amended by Stats. 1994, Ch. 1269, Sec. 46. Effective January 1, 1995.)
  73. 3773.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In certain Title IV-D support cases, the local child support agency must serve the employer with a national medical support notice after a court orders a parent to provide health insurance coverage.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Health Insurance [3750 - 3773] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Health Insurance Coverage Assignment [3760 - 3773] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3773. (a) This section applies only to Title IV-D cases where support enforcement services are being provided by the local child support agency pursuant to Section 17400. (b) After the court has ordered that a parent provide health insurance coverage, the local child support agency shall serve on the employer a national medical support notice in lieu of the health insurance coverage assignment order. The national medical support notice may be combined with the order/notice to withhold income for child support that is authorized by Section 5246. (c) A national medical support notice shall have the same force and effect as a health insurance coverage assignment order. (d) The obligor shall have the same right to move to quash or terminate a national medical support notice as provided in this article for a health insurance coverage assignment order. (Amended by Stats. 2000, Ch. 119, Sec. 2. Effective January 1, 2001.)
  74. 3800.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines key terms used in the chapter on deferred sale of home orders.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3800. As used in this chapter: (a) “Custodial parent” means a party awarded physical custody of a child. (b) “Deferred sale of home order” means an order that temporarily delays the sale and awards the temporary exclusive use and possession of the family home to a custodial parent of a minor child or child for whom support is authorized under Sections 3900 and 3901 or under Section 3910, whether or not the custodial parent has sole or joint custody, in order to minimize the adverse impact of dissolution of marriage or legal separation of the parties on the welfare of the child. (c) “Resident parent” means a party who has requested or who has already been awarded a deferred sale of home order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  75. 3801.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a party requests a deferred sale of home order, the court must first decide whether keeping up payments, taxes, insurance, and home condition is economically feasible.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3801. (a) If one of the parties has requested a deferred sale of home order pursuant to this chapter, the court shall first determine whether it is economically feasible to maintain the payments of any note secured by a deed of trust, property taxes, insurance for the home during the period the sale of the home is deferred, and the condition of the home comparable to that at the time of trial. (b) In making this determination, the court shall consider all of the following: (1) The resident parent’s income. (2) The availability of spousal support, child support, or both spousal and child support. (3) Any other sources of funds available to make those payments. (c) It is the intent of the Legislature, by requiring the determination under this section, to do all of the following: (1) Avoid the likelihood of possible defaults on the payments of notes and resulting foreclosures. (2) Avoid inadequate insurance coverage. (3) Prevent deterioration of the condition of the family home. (4) Prevent any other circumstance which would jeopardize both parents’ equity in the home. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  76. 3802.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may grant a deferred sale of the family home to a custodial parent if it is economically feasible and necessary to reduce the harm to the child from divorce or separation.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3802. (a) If the court determines pursuant to Section 3801 that it is economically feasible to consider ordering a deferred sale of the family home, the court may grant a deferred sale of home order to a custodial parent if the court determines that the order is necessary in order to minimize the adverse impact of dissolution of marriage or legal separation of the parties on the child. (b) In exercising its discretion to grant or deny a deferred sale of home order, the court shall consider all of the following: (1) The length of time the child has resided in the home. (2) The child’s placement or grade in school. (3) The accessibility and convenience of the home to the child’s school and other services or facilities used by and available to the child, including child care. (4) Whether the home has been adapted or modified to accommodate any physical disabilities of a child or a resident parent in a manner that a change in residence may adversely affect the ability of the resident parent to meet the needs of the child. (5) The emotional detriment to the child associated with a change in residence. (6) The extent to which the location of the home permits the resident parent to continue employment. (7) The financial ability of each parent to obtain suitable housing. (8) The tax consequences to the parents. (9) The economic detriment to the nonresident parent in the event of a deferred sale of home order. (10) Any other factors the court deems just and equitable. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  77. 3803.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A deferred sale of home order must state how long the order lasts, and it may also include the property's legal description and assessor’s parcel number.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3803. A deferred sale of home order shall state the duration of the order and may include the legal description and assessor’s parcel number of the real property which is subject to the order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  78. 3804.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A deferred sale of home order may be recorded with the county recorder in the county where the property is located.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3804. A deferred sale of home order may be recorded in the office of the county recorder of the county in which the real property is located. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  79. 3806.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may issue an order assigning the parties’ responsibilities for routine maintenance and capital improvement costs.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3806. The court may make an order specifying the parties’ respective responsibilities for the payment of the costs of routine maintenance and capital improvements. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  80. 3807.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may modify or terminate a deferred sale of home order at any time, unless the parties have agreed otherwise in writing.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3807. Except as otherwise agreed to by the parties in writing, a deferred sale of home order may be modified or terminated at any time at the discretion of the court. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  81. 3808.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says that, unless the parties agree otherwise in writing, remarriage or a qualifying change in circumstances can create a rebuttable presumption that further delaying the home sale is no longer equitable.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3808. Except as otherwise agreed to by the parties in writing, if the party awarded the deferred sale of home order remarries, or if there is otherwise a change in circumstances affecting the determinations made pursuant to Section 3801 or 3802 or affecting the economic status of the parties or the children on which the award is based, a rebuttable presumption, affecting the burden of proof, is created that further deferral of the sale is no longer an equitable method of minimizing the adverse impact of the dissolution of marriage or legal separation of the parties on the children. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  82. 3809.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When making an order under this chapter, the court must keep jurisdiction to decide later issues about the deferred sale of the home order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3809. In making an order pursuant to this chapter, the court shall reserve jurisdiction to determine any issues that arise with respect to the deferred sale of home order including, but not limited to, the maintenance of the home and the tax consequences to each party. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  83. 3810.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This chapter applies whether the deferred sale of home order was made before or after January 1, 1989.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Deferred Sale of Home Order [3800 - 3810] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3810. This chapter is applicable regardless of whether the deferred sale of home order is made before or after January 1, 1989. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  84. 3830.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Software Used to Determine Support [3830- 3830.] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 129. )

    Verify source ↗

    Courts may not use software to help determine child or spousal support unless the software meets Judicial Council standards.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3500 - 3830] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Software Used to Determine Support [3830- 3830.] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 129. ) ## 3830. (a) On and after January 1, 1994, no court shall use any computer software to assist in determining the appropriate amount of child support or spousal support obligations, unless the software conforms to rules of court adopted by the Judicial Council prescribing standards for the software, which shall ensure that it performs in a manner consistent with the applicable statutes and rules of court for determination of child support or spousal support. (b) The Judicial Council may contract with an outside agency or organization to analyze software to ensure that it conforms to the standards established by the Judicial Council. The cost of this analysis shall be paid by the applicant software producers and fees therefor shall be established by the Judicial Council in an amount that in the aggregate will defray its costs of administering this section. (Added by Stats. 1993, Ch. 219, Sec. 129. Effective January 1, 1994.)
  85. 3900.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Support of Minor Child [3900 - 3902] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Parents of a minor child have an equal responsibility to support the child in a way suitable to the child’s circumstances.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Support of Minor Child [3900 - 3902] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3900. Subject to this division, the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  86. 3901.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Support of Minor Child [3900 - 3902] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A parent’s support duty can continue for an unmarried 18-year-old who is a full-time high school student and not self-supporting, until 12th grade is completed or the child turns 19, unless excused for a physician-documented medical condition.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Support of Minor Child [3900 - 3902] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3901. (a) (1) The duty of support imposed by Section 3900 continues as to an unmarried child who has attained 18 years of age, is a full-time high school student, unless excused pursuant to paragraph (2), and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first. (2) A child is excused from the requirement to be a full-time high school student for purposes of paragraph (1) if the child has a medical condition documented by a physician that prevents full-time school attendance. (b) This section does not limit a parent’s ability to agree to provide additional support or the court’s power to inquire whether an agreement to provide additional support has been made. (Amended by Stats. 2018, Ch. 504, Sec. 2. (AB 3248) Effective January 1, 2019.)
  87. 3902.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Support of Minor Child [3900 - 3902] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may allow a parent to receive money from a child’s property for the child’s support if it is for the child’s benefit.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Support of Minor Child [3900 - 3902] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3902. The court may direct that an allowance be made to the parent of a child for whom support may be ordered out of the child’s property for the child’s past or future support, on conditions that are proper, if the direction is for the child’s benefit. (Amended by Stats. 1993, Ch. 219, Sec. 131. Effective January 1, 1994.)
  88. 3910.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Support of Adult Child [3910- 3910.] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Each parent must support a child who cannot earn a living and lacks sufficient means, to the extent of the parent’s ability. The court may also direct support payments to a special needs trust.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Support of Adult Child [3910- 3910.] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3910. (a) Each parent of a child has an equal responsibility to maintain, to the extent of their ability, their child of whatever age who is incapacitated from earning a living and without sufficient means. (b) The court may order that a support payment be paid to a special needs trust. For purposes of this section, “special needs trust” means a trust that meets the requirements described in subparagraph (A) or (C) of paragraph (4) of subsection (d) of Section 1396p of Title 42 of the United States Code and paragraph (3) or (4) of subdivision (a) of Section 50489.9 of Title 22 of the California Code of Regulations. (c) This section does not limit the duty of support under Sections 3900 and 3901. (Amended by Stats. 2024, Ch. 25, Sec. 1. (AB 2397) Effective January 1, 2025.)
  89. 3930.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Support of Grandchild [3930- 3930.] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A parent has no duty to support the parent’s grandchild.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Support of Grandchild [3930- 3930.] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3930. A parent does not have the duty to support a child of the parent’s child. (Amended by Stats. 1993, Ch. 219, Sec. 132. Effective January 1, 1994.)
  90. 3950.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Liability to Others Who Provide Support for Child [3950 - 3952] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a parent fails to provide necessary articles for a child under the parent’s care, a third person may in good faith supply them and recover their reasonable value from the parent.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Liability to Others Who Provide Support for Child [3950 - 3952] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3950. If a parent neglects to provide articles necessary for the parent’s child who is under the charge of the parent, according to the circumstances of the parent, a third person may in good faith supply the necessaries and recover their reasonable value from the parent. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  91. 3951.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Liability to Others Who Provide Support for Child [3950 - 3952] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A parent generally does not have to pay another parent, a relative, or a stranger for voluntary child support unless an agreement requires payment, but the parent’s duty to support the child continues when a government entity is providing support.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Liability to Others Who Provide Support for Child [3950 - 3952] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3951. (a) A parent is not bound to compensate the other parent, or a relative, for the voluntary support of the parent’s child, without an agreement for compensation. (b) A parent is not bound to compensate a stranger for the support of a child who has abandoned the parent without just cause. (c) Nothing in this section relieves a parent of the obligation to support a child during any period in which the state, county, or other governmental entity provides support for the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  92. 3952.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Liability to Others Who Provide Support for Child [3950 - 3952] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a parent dies and the child is supported by the county or a state institution, county supervisors or the state department director may claim the child’s support from the parent’s estate if the estate is sufficient.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty of Parent to Support Child [3900 - 3952] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Liability to Others Who Provide Support for Child [3950 - 3952] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3952. If a parent chargeable with the support of a child dies leaving the child chargeable to the county or leaving the child confined in a state institution to be cared for in whole or in part at the expense of the state, and the parent leaves an estate sufficient for the child’s support, the supervisors of the county or the director of the state department having jurisdiction over the institution may claim provision for the child’s support from the parent’s estate, and for this purpose has the same remedies as a creditor against the estate of the parent and may obtain reimbursement from the successor of the deceased parent to the extent provided in Division 8 (commencing with Section 13000) of the Probate Code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  93. 4.

    ## 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. )

    Verify source ↗

    This section says when new law applies and when old law still governs around the operative date.

    ## 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. ) ## 4. (a) As used in this section: (1) “New law” means either of the following, as the case may be: (A) The act that enacted this code. (B) The act that makes a change in this code, whether effectuated by amendment, addition, or repeal of a provision of this code. (2) “Old law” means the applicable law in effect before the operative date of the new law. (3) “Operative date” means the operative date of the new law. (b) This section governs the application of the new law except to the extent otherwise expressly provided in the new law. (c) Subject to the limitations provided in this section, the new law applies on the operative date to all matters governed by the new law, regardless of whether an event occurred or circumstance existed before, on, or after the operative date, including, but not limited to, commencement of a proceeding, making of an order, or taking of an action. (d) If a document or paper is filed before the operative date, the contents, execution, and notice thereof are governed by the old law and not by the new law; but subsequent proceedings taken after the operative date concerning the document or paper, including an objection or response, a hearing, an order, or other matter relating thereto is governed by the new law and not by the old law. (e) If an order is made before the operative date, or an action on an order is taken before the operative date, the validity of the order or action is governed by the old law and not by the new law. Nothing in this subdivision precludes proceedings after the operative date to modify an order made, or alter a course of action commenced, before the operative date to the extent proceedings for modification of an order or alteration of a course of action of that type are otherwise provided in the new law. (f) No person is liable for an action taken before the operative date that was proper at the time the action was taken, even though the action would be improper if taken on or after the operative date, and the person has no duty, as a result of the enactment of the new law, to take any step to alter the course of action or its consequences. (g) If the new law does not apply to a matter that occurred before the operative date, the old law continues to govern the matter notwithstanding its repeal or amendment by the new law. (h) If a party shows, and the court determines, that application of a particular provision of the new law or of the old law in the manner required by this section or by the new law would substantially interfere with the effective conduct of the proceedings or the rights of the parties or other interested persons in connection with an event that occurred or circumstance that existed before the operative date, the court may, notwithstanding this section or the new law, apply either the new law or the old law to the extent reasonably necessary to mitigate the substantial interference. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  94. 400.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Persons Authorized to Solemnize Marriage [400 - 402] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Section 400 lists who may solemnize a marriage and restricts compensation and eligibility for some officeholders.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Persons Authorized to Solemnize Marriage [400 - 402] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 400. (a) Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of the person’s faith. Refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, shall not affect the tax-exempt status of any entity. (b) Consistent with Section 94.5 of the Penal Code and provided that any compensation received is reasonable, including payment of actual expenses, a marriage may also be solemnized by any of the following persons: (1) A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state. (2) A judge or magistrate who has resigned from office. (3) Any of the following judges or magistrates of the United States: (A) A justice or retired justice of the United States Supreme Court. (B) A judge or retired judge of a court of appeals, a district court, or a court created by an act of the United States Congress the judges of which are entitled to hold office during good behavior. (C) A judge or retired judge of a bankruptcy court or a tax court. (D) A United States magistrate or retired magistrate. (c) Except as provided in subdivision (d), a marriage may also be solemnized by any of the following persons who are 18 years of age or older: (1) A Member of the Legislature or constitutional officer of this state or a Member of Congress of the United States who represents a district within this state, or a former Member of the Legislature or constitutional officer of this state or a former Member of Congress of the United States who represented a district within this state. (2) A person that holds or formerly held an elected office of a city, county, or city and county. (3) A city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, while that person holds office. (d) (1) A person listed in subdivision (c) shall not accept compensation for solemnizing a marriage while holding office. (2) A person listed in subdivision (c) shall not solemnize a marriage pursuant to this section if they have been removed from office due to committing an offense or have been convicted of an offense that involves moral turpitude, dishonesty, or fraud. (Amended by Stats. 2019, Ch. 115, Sec. 8. (AB 1817) Effective January 1, 2020.)
  95. 4000.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a parent must support a child and willfully fails to do so, the other parent or the child through a guardian ad litem may sue to enforce that duty.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4000. If a parent has the duty to provide for the support of the parent’s child and willfully fails to so provide, the other parent, or the child by a guardian ad litem, may bring an action against the parent to enforce the duty. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  96. 4001.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In support proceedings, the court may order one or both parents to pay an amount needed for the child’s support.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4001. In any proceeding where there is at issue the support of a minor child or a child for whom support is authorized under Section 3901 or 3910, the court may order either or both parents to pay an amount necessary for the support of the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  97. 4002.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The county may enforce a child’s support rights against a parent, and the court may order the parent to pay the county’s reasonable attorney’s fees and court costs.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4002. (a) The county may proceed on behalf of a child to enforce the child’s right of support against a parent. (b) If the county furnishes support to a child, the county has the same right as the child to secure reimbursement and obtain continuing support. The right of the county to reimbursement is subject to any limitation otherwise imposed by the law of this state. (c) The court may order the parent to pay the county reasonable attorney’s fees and court costs in a proceeding brought by the county pursuant to this section. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  98. 4003.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may order a separate trial on child support for good cause, and if custody is also set for separate trial, the two issues must be tried together.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4003. In any case in which the support of a child is at issue, the court may, upon a showing of good cause, order a separate trial on that issue. The separate trial shall be given preference over other civil cases, except matters to which special precedence may be given by law, for assigning a trial date. If the court has also ordered a separate trial on the issue of custody pursuant to Section 3023, the two issues shall be tried together. (Amended by Stats. 1993, Ch. 219, Sec. 133. Effective January 1, 1994.)
  99. 4004.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In a child-support case, the court must require the parties to disclose whether a party is receiving public assistance or plans to apply for it.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4004. In a proceeding where there is at issue the support of a child, the court shall require the parties to reveal whether a party is currently receiving, or intends to apply for, public assistance under the Family Economic Security Act of 1982 (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code) for the maintenance of the child. (Amended by Stats. 1993, Ch. 219, Sec. 134. Effective January 1, 1994.)
  100. 4005.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If either party asks, the court must make appropriate findings about the circumstances underlying a child support order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4005. At the request of either party, the court shall make appropriate findings with respect to the circumstances on which the order for support of a child is based. (Added by Stats. 1994, Ch. 1269, Sec. 47. Effective January 1, 1995.)
  101. 4006.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In child support proceedings, the court must consider whether the parties have health insurance coverage.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4006. In a proceeding for child support under this code, including, but not limited to, Division 17 (commencing with Section 17000), the court shall consider the health insurance coverage, if any, of the parties to the proceeding. (Amended by Stats. 2000, Ch. 808, Sec. 33. Effective September 28, 2000.)
  102. 4007.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A support-payor’s obligation ends when the specified contingency happens, and the court may order notice of that contingency in the original support order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4007. (a) If a court orders a person to make specified payments for support of a child during the child’s minority, or until the child is married or otherwise emancipated, or until the death of, or the occurrence of a specified event as to, a child for whom support is authorized under Section 3901 or 3910, the obligation of the person ordered to pay support terminates on the happening of the contingency. The court may, in the original order for support, order the custodial parent or other person to whom payments are to be made to notify the person ordered to make the payments, or the person’s attorney of record, of the happening of the contingency. (b) If the custodial parent or other person having physical custody of the child, to whom payments are to be made, fails to notify the person ordered to make the payments, or the attorney of record of the person ordered to make the payments, of the happening of the contingency and continues to accept support payments, the person shall refund all moneys received that accrued after the happening of the contingency, except that the overpayments shall first be applied to any support payments that are then in default. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  103. 4007.5.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Child support payments are suspended during qualifying incarceration or involuntary institutionalization, subject to a means-to-pay exception, and may later resume or be adjusted through court or agency processes.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4007.5. (a) Every money judgment or order for support of a child shall be suspended, by operation of law, for any period exceeding 90 consecutive days in which the person ordered to pay support is incarcerated or involuntarily institutionalized, unless the person owing support has the means to pay support while incarcerated or involuntarily institutionalized. (b) (1) The child support obligation shall be suspended effective on the first day of the first full month of incarceration or involuntary institutionalization. (2) For persons owing support who are released from incarceration or involuntary institutionalization on or after January 1, 2024, the child support obligation shall resume on the first day of the 10th month after release from incarceration or involuntary institutionalization of the person owing support. (3) If the person owing support obtains employment prior to the date set for reinstatement, the person to whom the support is owed or the local child support agency may seek a court order reinstating child support obligations at the amount determined by the court pursuant to Article 2 (commencing with Section 4050). (4) This section does not preclude a person owing support or the local child support agency from seeking a modification of the child support order pursuant to Section 3651, based on a change in circumstances or any other appropriate reason. (c) (1) A local child support agency enforcing a child support order under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.) may, upon written notice of the proposed adjustment to the support obligor and obligee along with a blank form provided for the support obligor or obligee to object to the administrative adjustment to the local child support agency, administratively adjust account balances for a money judgment or order for support of a child suspended pursuant to subdivision (a) if all of the following occurs: (A) The agency verifies that arrears and interest were accrued in violation of this section. (B) The agency verifies that, to the extent known to the agency, the person owing support does not have the means to pay support while incarcerated or involuntarily institutionalized. (C) Neither the support obligor nor obligee objects, within 30 days of receipt of the notice of proposed adjustment, whether in writing or by telephone, to the administrative adjustment by the local child support agency. (2) If either the support obligor or obligee objects to the administrative adjustment set forth in this subdivision, the agency shall not adjust the order, but shall file a motion with the court to seek to adjust the arrears and shall serve copies of the motion on the parties, who may file an objection to the agency’s motion with the court. The obligor’s arrears shall not be adjusted unless the court approves the adjustment. (3) The agency may perform this adjustment without regard to whether it was enforcing the child support order at the time the parent owing support qualified for relief under this section. (d) This section does not prohibit the local child support agency or a party from petitioning a court for a determination of child support or arrears amounts. (e) For purposes of this section, the following definitions shall apply: (1) “Incarcerated or involuntarily institutionalized” includes, but is not limited to, involuntary confinement to a federal or state prison, a county jail, a juvenile facility operated by the Division of Juvenile Facilities in the Department of Corrections and Rehabilitation, or a mental health facility. (2) “Suspend” means that the payment due on the current child support order, an arrears payment on a preexisting arrears balance, or interest on arrears created during a qualifying period of incarceration pursuant to this section is, by operation of law, set to zero dollars ($0) for the period in which the person owing support is incarcerated or involuntarily institutionalized. (f) This section applies to any child support obligation that accrues on or after the enactment of this section regardless of when the child support order was established. (g) The Department of Child Support Services shall, by July 1, 2023, and in consultation with the Judicial Council, develop forms to implement this section. (h) On or before January 1, 2026, the Department of Child Support Services, in consultation with the Judicial Council, shall conduct an evaluation of the effectiveness of the administrative adjustment process authorized by this section and shall report the results of the review, as well as any recommended changes, to the Assembly Judiciary Committee and the Senate Judiciary Committee. The evaluation shall include a review of the ease of the process to both the obligor and obligee, as well as an analysis of the number of cases administratively adjusted, the number of cases adjusted in court, and the number of cases not adjusted. (i) It is the intent of the Legislature to ensure qualified persons are provided the support suspension by operation of law for qualified periods of incarceration or involuntary institutionalization that existed during the operative terms of the earlier versions of this statute regardless of whether the judicial or administrative determination of arrears is made before or after the repeal of the statute, if the earlier version of the statute provided for the money judgment or order for support to be suspended by operation of law. This subdivision is declarative of existing law. (Amended by Stats. 2023, Ch. 565, Sec. 1. (AB 1148) Effective January 1, 2024.)
  104. 4008.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may decide what proportions of community property, quasi-community property, and separate property can be used for child support, so long as the proportions are just.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4008. The community property, the quasi-community property, and the separate property may be subjected to the support of the children in the proportions the court determines are just. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  105. 4009.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may make an original child support order retroactive to the filing date, but if the payor was not served within 90 days and was not avoiding service, the order cannot take effect before service.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4009. An original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading within 90 days after filing and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than the date of service. (Amended by Stats. 2004, Ch. 305, Sec. 3. Effective January 1, 2005.)
  106. 401.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Persons Authorized to Solemnize Marriage [400 - 402] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    County clerks in each county are designated as commissioners of civil marriages, and those commissioners may appoint deputy commissioners to solemnize marriages and do other assigned duties.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Persons Authorized to Solemnize Marriage [400 - 402] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 401. (a) For each county, the county clerk is designated as a commissioner of civil marriages. (b) The commissioner of civil marriages may appoint deputy commissioners of civil marriages who may solemnize marriages under the direction of the commissioner of civil marriages and shall perform other duties directed by the commissioner. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  107. 4010.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When a court orders child support, it must give the parties a document explaining how the order can be modified, at the time it gives written notice of the order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4010. In a proceeding in which the court orders a payment for the support of a child, the court shall, at the time of providing written notice of the order, provide the parties with a document describing the procedures by which the order may be modified. (Amended by Stats. 1993, Ch. 219, Sec. 136. Effective January 1, 1994.)
  108. 4011.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A person who owes court-ordered child support must pay it before paying other creditors.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4011. Payment of child support ordered by the court shall be made by the person owing the support payment before payment of any debts owed to creditors. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  109. 4012.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If good cause is shown, the court may order a parent who must pay child support to give reasonable security for that payment.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4012. Upon a showing of good cause, the court may order a parent required to make a payment of child support to give reasonable security for the payment. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  110. 4013.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If child support obligations are discharged in bankruptcy, the court may make any proper support orders it considers just.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4013. If obligations for support of a child are discharged in bankruptcy, the court may make all proper orders for the support of the child that the court determines are just. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  111. 4014.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Child support orders must require parents to share employer and contact information, and certain cases must file updated information with the court or registry on a 10-day timeline.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4000 - 4014] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4014. (a) An order for child support issued or modified pursuant to this chapter shall include a provision requiring the obligor and child support obligee to notify the other parent or, if the order requires payment through an agency designated under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the agency named in the order, of the name and address of the person’s current employer. (b) The requirements set forth in this subdivision apply only in cases when the local child support agency is not providing child support services pursuant to Section 17400. To the extent required by federal law, and subject to applicable confidentiality provisions of state or federal law, a judgment for paternity and an order for child support entered or modified pursuant to any law shall include a provision requiring the child support obligor and obligee to file with the court all of the following information: (1) Residential and mailing address. (2) Social security number, individual taxpayer identification number, or other uniform identification number. (3) Telephone number. (4) Driver’s license number or identification card number issued by the Department of Motor Vehicles. (5) Name, address, and telephone number of the employer. (6) Any other information prescribed by the Judicial Council. The judgment or order shall specify that each parent is responsible for providing the parent’s own information, that the information must be filed with the court within 10 days of the court order, and that new or different information must be filed with the court within 10 days after any event causing a change in the previously provided information. (c) The requirements set forth in this subdivision shall only apply in cases in which the local child support agency is not providing child support services pursuant to Section 17400. Once the child support registry, as described in Section 17391 is operational, a judgment for parentage and an order for child support entered or modified pursuant to any law shall include a provision requiring the child support obligor and obligee to file and keep updated the information specified in subdivision (b) with the child support registry. (d) The Judicial Council shall develop forms to implement this section. The forms shall be developed so as not to delay the implementation of the Statewide Child Support Registry described in Section 17391 and shall be available no later than 30 days prior to the implementation of the Statewide Child Support Registry. (Amended by Stats. 2019, Ch. 115, Sec. 43. (AB 1817) Effective January 1, 2020.)
  112. 402.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Persons Authorized to Solemnize Marriage [400 - 402] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A county may license certain officials of a nonprofit religious institution to solemnize marriages for affiliated or member couples, if the institution is registered with the Secretary of State and the licensee meets the stated qualifications.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Persons Authorized to Solemnize Marriage [400 - 402] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 402. In addition to the persons permitted to solemnize marriages under Section 400, a county may license officials of a nonprofit religious institution, whose articles of incorporation are registered with the Secretary of State, to solemnize the marriages of persons who are affiliated with or are members of the religious institution. The licensee shall possess the degree of doctor of philosophy and must perform religious services or rites for the institution on a regular basis. The marriages shall be performed without fee to the parties. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  113. 4050.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    The Legislature states that the statewide uniform child support guideline is intended to keep the state in compliance with federal child support guideline regulations.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4050. In adopting the statewide uniform guideline provided in this article, it is the intention of the Legislature to ensure that this state remains in compliance with federal regulations for child support guidelines. (Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
  114. 4052.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    The court must follow the statewide uniform child-support guideline and can depart from it only in the special circumstances listed in this article.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4052. The court shall adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances set forth in this article. (Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
  115. 4052.5.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    For cases involving a child with more than two parents, the court must apply the statewide uniform child support guideline and divide support among the parents based on income and time spent with the child.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4052.5. (a) The statewide uniform guideline, as required by federal regulations, shall apply in any case in which a child has more than two parents. The court shall apply the guideline by dividing child support obligations among the parents based on income and amount of time spent with the child by each parent, pursuant to Section 4053. (b) Consistent with federal regulations, after calculating the amount of support owed by each parent under the guideline, the presumption that the guideline amount of support is correct may be rebutted if the court finds that the application of the guideline in that case would be unjust or inappropriate due to special circumstances, pursuant to Section 4057. If the court makes that finding, the court shall divide child support obligations among the parents in a manner that is just and appropriate based on income and amount of time spent with the child by each parent, applying the principles set forth in Section 4053 and this article. (c) Nothing in this section shall be construed to require reprogramming of the California Child Support Enforcement System, a change to the statewide uniform guideline for determining child support set forth in Section 4055, or a revision by the Department of Child Support Services of its regulations, policies, procedures, forms, or training materials. (Amended by Stats. 2016, Ch. 474, Sec. 9. (AB 2882) Effective January 1, 2017.)
  116. 4053.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    Courts must follow the statewide child support principles and ensure children receive fair, timely, and sufficient support.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4053. In implementing the statewide uniform guideline, the courts shall adhere to the following principles: (a) A parent’s first and principal obligation is to support the parent’s minor children according to the parent’s circumstances and station in life. (b) Both parents are mutually responsible for the support of their children. (c) The guideline takes into account each parent’s actual income and level of responsibility for the children. (d) Each parent should pay for the support of the children according to the parent’s ability. (e) The guideline seeks to place the interests of children as the state’s top priority. (f) Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children. (g) Child support orders in cases in which both parents have high levels of responsibility for the children should reflect the increased costs of raising the children in two homes and should minimize significant disparities in the children’s living standards in the two homes. (h) The financial needs of the children should be met through private financial resources as much as possible. (i) It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children. (j) The guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation. (k) The guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formula. (l) Child support orders shall ensure that children actually receive fair, timely, and sufficient support reflecting the state’s high standard of living and high costs of raising children compared to other states. (Amended by Stats. 2019, Ch. 115, Sec. 44. (AB 1817) Effective January 1, 2020.)
  117. 4054.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    The Judicial Council must periodically review the statewide child support guideline and recommend revisions to the Legislature.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4054. (a) The Judicial Council shall periodically review the statewide uniform guideline to recommend to the Legislature appropriate revisions. (b) The review shall include all of the following: (1) Economic data on the cost of raising children. (2) Labor market data, such as unemployment rates, employment rates, hours worked, and earnings, by occupation and skill level for the state and local job markets. (3) The impact of guideline policies and amounts on custodial and noncustodial parents who have family incomes below 200 percent of the federal poverty level. (4) Factors that influence employment rates among custodial and noncustodial parents and compliance with child support orders. (5) An analysis of case data, gathered through sampling or other methods, on the actual application of, and deviations from, the guideline after the guideline’s operative date, as well as the rates of orders entered by default, orders entered based on presumed income and earning capacity, and orders determined using the low-income adjustment. (6) An analysis of guidelines and studies from other states, and other research and studies available to or undertaken by the Judicial Council. (7) A comparison of payments on child support orders by case characteristics, including whether the order was entered by default, based on earning capacity or presumed income, or determined using the low-income adjustment. (8) Any additional factors required by federal regulations. (c) Any recommendations for revisions to the guideline shall be made to ensure that the guideline results in appropriate child support orders, to limit deviations from the guideline, or otherwise to help ensure that the guideline is in compliance with federal law. (d) The Judicial Council may also review and report on other matters, including, but not limited to, the following: (1) The treatment of the income of a subsequent spouse or nonmarital partner. (2) The treatment of children from prior or subsequent relationships. (3) The application of the guideline in a case where a payer parent has extraordinarily low or extraordinarily high income, or where each parent has primary physical custody of one or more of the children of the marriage. (4) The benefits and limitations of a uniform statewide spousal support guideline and the interrelationship of that guideline with the state child support guideline. (5) Whether the use of gross or net income in the guideline is preferable. (6) Whether the guideline affects child custody litigation or the efficiency of the judicial process. (7) Whether the various assumptions used in computer software used by some courts to calculate child support comport with state law and should be made available to parties and counsel. (e) The initial review by the Judicial Council shall be submitted to the Legislature and to the Department of Child Support Services on or before December 31, 1993, and subsequent reviews shall occur at least every four years thereafter unless federal law requires a different interval. (f) In developing its recommendations, the Judicial Council shall consult with a broad cross-section of groups involved in child support issues, including, but not limited to, the following: (1) Custodial and noncustodial parents. (2) Representatives of established women’s rights and fathers’ rights groups. (3) Representatives of established organizations that advocate for the economic well-being of children. (4) Members of the judiciary, district attorney’s offices, the Attorney General’s office, and the Department of Child Support Services. (5) Certified family law specialists. (6) Academicians specializing in family law. (7) Persons representing low-income parents. (8) Persons representing recipients of assistance under the CalWORKs program seeking child support services. (9) Persons representing currently or formerly incarcerated parents. (g) In developing its recommendations, the Judicial Council shall seek public comment and shall be guided by the legislative intent that children share in the standard of living of both of their parents. (Amended by Stats. 2022, Ch. 573, Sec. 3. (AB 207) Effective September 27, 2022.)
  118. 4055.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    This section sets California’s child support guideline formula and related rules for calculating and paying support.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4055. (a) The statewide uniform guideline for determining child support orders is as follows: CS = K[HN - (H%)(TN)]. (b) (1) The components of the formula are as follows: (A) CS = child support amount. (B) K = amount of both parents’ income to be allocated for child support as set forth in paragraph (3). (C) HN = high earner’s net monthly disposable income. (D) H% = approximate percentage of time that the high earner has or will have primary physical responsibility for the children compared to the other parent. In cases in which parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner parent spends with each child. (E) TN = total net monthly disposable income of both parties. (2) To compute net disposable income, see Section 4059. (3) K (amount of both parents’ income allocated for child support) equals one plus H% (if H% is less than or equal to 50 percent) or two minus H% (if H% is greater than 50 percent) times the following fraction: Total Net Disposable Income Per Month K $0–2,900 0.165 + TN/82,857 $2,901–5,000 0.131 + TN/42,149 $5,001–10,000 0.250 $10,001–15,000 0.10 + 1,499/TN Over $15,000 0.12 + 1,200/TN For example, if H% equals 20 percent and the total monthly net disposable income of the parents is $1,000, K = (1 + 0.20) × (0.165 + 1,000/82,857), or 0.21. If H% equals 80 percent and the total monthly net disposable income of the parents is $1,000, K = (2 - 0.80) × (0.165 + 1,000/82,857), or 0.21. (4) For more than one child, multiply CS by: 2 children 1.6 3 children 2 4 children 2.3 5 children 2.5 6 children 2.625 7 children 2.75 8 children 2.813 9 children 2.844 10 children 2.86 (5) If the amount calculated under the formula results in a positive number, the higher earner shall pay that amount to the lower earner. If the amount calculated under the formula results in a negative number, the lower earner shall pay the absolute value of that amount to the higher earner. (6) In any default proceeding where proof is by affidavit pursuant to Section 2336, or in any proceeding for child support in which a party fails to appear after being duly noticed, H% shall be set at zero in the formula if the noncustodial parent is the higher earner or at 100 if the custodial parent is the higher earner, where there is no evidence presented demonstrating the percentage of time that the noncustodial parent has primary physical responsibility for the children. H% shall not be set as described in paragraph (3) if the moving party in a default proceeding is the noncustodial parent or if the party who fails to appear after being duly noticed is the custodial parent. A statement by the party who is not in default as to the percentage of time that the noncustodial parent has primary physical responsibility for the children shall be deemed sufficient evidence. (7) In all cases in which the net disposable income per month of the obligor is less than the amount of monthly gross income earned from full-time minimum wage, established by Section 1182.12 of the Labor Code, at 40 hours per week, 52 weeks per year, there is a rebuttable presumption that the obligor is entitled to a low-income adjustment. The presumption may be rebutted by evidence showing that the application of the lowest amount of child support permitted pursuant to this paragraph would be unjust and inappropriate in the particular case. In determining whether the presumption is rebutted, the court shall consider the principles provided in Section 4053, and the impact of the contemplated adjustment on the respective net incomes of the obligor and the obligee. The low-income adjustment shall reduce the child support amount otherwise determined under this section by an amount that is no greater than the amount calculated by multiplying the child support amount otherwise determined under this section by a fraction, the numerator of which is the amount of monthly gross income earned from full-time minimum wage, established by Section 1182.12 of the Labor Code, at 40 hours per week, 52 weeks per year, minus the obligor’s net disposable income per month, and the denominator of which is the amount of monthly gross income earned from full-time minimum wage, established by Section 1182.12 of the Labor Code, at 40 hours per week, 52 weeks per year. (8) Unless the court orders otherwise, the order for child support shall allocate the support amount so that the amount of support for the youngest child is the amount of support for one child, and the amount for the next youngest child is the difference between that amount and the amount for two children, with similar allocations for additional children. However, this paragraph does not apply to cases in which there are different time-sharing arrangements for different children or where the court determines that the allocation would be inappropriate in the particular case. (c) If a court uses a computer to calculate the child support order and the obligor’s income qualifies for a low-income adjustment, the computer program shall provide the range of the adjustment permitted by paragraph (7) of subdivision (b). (d) This section shall be operative September 1, 2024. (Repealed (in Sec. 2) and added by Stats. 2023, Ch. 213, Sec. 3. (SB 343) Effective January 1, 2024. Operative September 1, 2024, by its own provisions.)
  119. 4056.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    When ordering child support that departs from the statewide uniform guideline, the court must state specified reasons and amounts in writing or on the record. On request, it must also state the information used to determine the guideline amount.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4056. (a) To comply with federal law, the court shall state, in writing or on the record, the following information whenever the court is ordering an amount for support that differs from the statewide uniform guideline formula amount under this article: (1) The amount of support that would have been ordered under the guideline formula. (2) The reasons the amount of support ordered differs from the guideline formula amount. (3) The reasons the amount of support ordered is consistent with the best interests of the children. (b) At the request of any party, the court shall state in writing or on the record the following information used in determining the guideline amount under this article: (1) The net monthly disposable income of each parent. (2) The actual federal income tax filing status of each parent (for example, single, married, married filing separately, or head of household and number of exemptions). (3) Deductions from gross income for each parent. (4) The approximate percentage of time pursuant to paragraph (1) of subdivision (b) of Section 4055 that each parent has primary physical responsibility for the children compared to the other parent. (Amended (as added by Stats. 1993, Ch. 219, Sec. 138) by Stats. 1993, Ch. 1156, Sec. 2. Effective January 1, 1994.)
  120. 4057.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    The child support formula is presumed correct, but the court may depart from it if admissible evidence shows the result would be unjust or inappropriate and the listed conditions are met.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4057. (a) The amount of child support established by the formula provided in subdivision (a) of Section 4055 is presumed to be the correct amount of child support to be ordered. (b) The presumption of subdivision (a) is a rebuttable presumption affecting the burden of proof and may be rebutted by admissible evidence showing that application of the formula would be unjust or inappropriate in the particular case, consistent with the principles set forth in Section 4053, because one or more of the following factors is found to be applicable by a preponderance of the evidence, and the court states in writing or on the record the information required in subdivision (a) of Section 4056: (1) The parties have stipulated to a different amount of child support under subdivision (a) of Section 4065. (2) The sale of the family residence is deferred pursuant to Chapter 8 (commencing with Section 3800) of Part 1 and the rental value of the family residence where the children reside exceeds the mortgage payments, homeowner’s insurance, and property taxes. The amount of any adjustment pursuant to this paragraph shall not be greater than the excess amount. (3) The parent being ordered to pay child support has an extraordinarily high income and the amount determined under the formula would exceed the needs of the children. (4) A party is not contributing to the needs of the children at a level commensurate with that party’s custodial time. (5) A support obligor qualifies for the low-income adjustment pursuant to paragraph (7) of subdivision (b) of Section 4055 and the amount of child support established by the formula exceeds 50 percent of the support obligor’s net disposable income as defined in Section 4059 after application of the low-income adjustment. The amount of any adjustment pursuant to this paragraph shall not be greater than the amount exceeding 50 percent of the support obligor’s net disposable income. (6) Application of the formula would be unjust or inappropriate due to special circumstances in the particular case. These special circumstances include, but are not limited to, the following: (A) Cases in which the parents have different time-sharing arrangements for different children. (B) Cases in which both parents have substantially equal time-sharing of the children and one parent has a much lower or higher percentage of income used for housing than the other parent. (C) Cases in which the children have special medical or other needs that could require child support that would be greater than the formula amount. (D) Cases in which a child is found to have more than two parents. (c) If the court is made aware that a parent is subject to multiple court orders to pay child support arising from a different case or cases, the court may take steps to determine how to allocate the parent’s income and support obligation appropriately across the cases. A court that continues a hearing based on a party’s representation that it will file an appropriate request to modify support in a related case may issue a temporary support order. (d) This section shall be operative September 1, 2024. (Repealed (in Sec. 4) and added by Stats. 2023, Ch. 213, Sec. 3. (SB 343) Effective January 1, 2024. Operative September 1, 2024, by its own provisions.)
  121. 4057.5.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    Courts generally must not count a parent’s new spouse or nonmarital partner’s income when setting or changing child support, unless this is an extraordinary case involving extreme and severe hardship to a child.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4057.5. (a) (1) The income of the obligor parent’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligor or by the obligor’s subsequent spouse or nonmarital partner. (2) The income of the obligee parent’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligee or by the obligee’s subsequent spouse or nonmarital partner. (b) For purposes of this section, an extraordinary case may include a parent who voluntarily or intentionally quits work or reduces income, or who intentionally remains unemployed or underemployed and relies on a subsequent spouse’s income. (c) If any portion of the income of either parent’s subsequent spouse or nonmarital partner is allowed to be considered pursuant to this section, discovery for the purposes of determining income shall be based on W2 and 1099 income tax forms, except where the court determines that application would be unjust or inappropriate. (d) If any portion of the income of either parent’s subsequent spouse or nonmarital partner is allowed to be considered pursuant to this section, the court shall allow a hardship deduction based on the minimum living expenses for one or more stepchildren of the party subject to the order. (e) The enactment of this section constitutes cause to bring an action for modification of a child support order entered prior to the operative date of this section. (Amended by Stats. 1994, Ch. 1269, Sec. 47.5. Effective January 1, 1995.)
  122. 4058.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    This section defines a parent’s annual gross income, tells the court when to consider earning capacity, and excludes certain child-support and need-based public assistance income.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4058. (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following: (1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, severance pay, veterans benefits that are not based on need, military allowances for housing and food, and spousal support actually received from a person not a party to the proceeding to establish a child support order pursuant to this article. (2) Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business. (3) In the discretion of the court, employee benefits or self-employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts. (b) (1) (A) In a case when a parent’s annual gross income is unknown, the court shall consider the earning capacity of the parent. (B) In a case when a parent’s annual gross income is known, the court may, in its discretion, consider the earning capacity of a parent in lieu of the parent’s income, consistent with the best interests of the children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children. (2) When determining the earning capacity of the parent pursuant to this subdivision, the court shall consider the specific circumstances of the parent, to the extent known. Those circumstances include, but are not limited to, evidence of the parent’s assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work, as well as the local job market, the availability of employers willing to hire the parent, prevailing earnings levels in the local community, and other relevant background factors affecting the parent’s ability to earn. (3) Notwithstanding any other law, the incarceration or involuntary institutionalization of a parent shall not be treated as voluntary unemployment in establishing or modifying support orders regardless of the nature of the offense. “Incarcerated or involuntarily institutionalized” has the same meaning as subdivision (e) of Section 4007.5. (c) Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that party’s gross or net income. (d) This section shall be operative September 1, 2024. (Repealed (in Sec. 6) and added by Stats. 2023, Ch. 213, Sec. 3. (SB 343) Effective January 1, 2024. Operative September 1, 2024, by its own provisions.)
  123. 4059.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    This section lists what deductions may be used to calculate each parent’s annual net disposable income for child support, and gives the court and Judicial Council specific hardship-related duties.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4059. The annual net disposable income of each parent shall be computed by deducting from the parent’s annual gross income the actual amounts attributable to the following items or other items permitted under this article: (a) The state and federal income tax liability resulting from the parties’ taxable income. Federal and state income tax deductions shall bear an accurate relationship to the tax status of the parties (that is, single, married, married filing separately, or head of household) and number of dependents. State and federal income taxes shall be those actually payable (not necessarily current withholding) after considering appropriate filing status, all available exclusions, deductions, and credits. Unless the parties stipulate otherwise, the tax effects of spousal support shall not be considered in determining the net disposable income of the parties for determining child support, but shall be considered in determining spousal support consistent with Chapter 3 (commencing with Section 4330) of Part 3. (b) Deductions attributed to the employee’s contribution or the self-employed worker’s contribution pursuant to the Federal Insurance Contributions Act (FICA), or an amount not to exceed that allowed under FICA for persons not subject to FICA, provided that the deducted amount is used to secure retirement or disability benefits for the parent. (c) Deductions for mandatory union dues and retirement benefits, provided that they are required as a condition of employment. (d) Deductions for health insurance or health plan premiums for the parent and for any children the parent has an obligation to support and deductions for state disability insurance premiums. (e) Any child or spousal support actually being paid by the parent pursuant to a court order, to or for the benefit of a person who is not a subject of the order to be established by the court. In the absence of a court order, child support actually being paid, not to exceed the amount established by the guideline, for natural or adopted children of the parent not residing in that parent’s home, who are not the subject of the order to be established by the court, and of whom the parent has a duty of support. Unless the parent proves payment of the support, a deduction shall not be allowed under this subdivision. (f) Job-related expenses, if allowed by the court after consideration of whether the expenses are necessary, the benefit to the employee, and any other relevant facts. (g) A deduction for hardship, as defined by Sections 4070 to 4073, inclusive, and applicable published appellate court decisions. The amount of the hardship shall not be deducted from the amount of child support, but shall be deducted from the income of the party to whom it applies. In applying any hardship under paragraph (2) of subdivision (a) of Section 4071, the court shall seek to provide equity between competing child support orders. The Judicial Council shall develop a formula for calculating the maximum hardship deduction and shall submit it to the Legislature for its consideration on or before July 1, 1995. (Amended by Stats. 2019, Ch. 115, Sec. 45. (AB 1817) Effective January 1, 2020.)
  124. 4060.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    The court may adjust child-support amounts if the monthly net disposable income figure does not reflect the parties’ actual or expected earnings.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4060. The monthly net disposable income shall be computed by dividing the annual net disposable income by 12. If the monthly net disposable income figure does not accurately reflect the actual or prospective earnings of the parties at the time the determination of support is made, the court may adjust the amount appropriately. (Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
  125. 4061.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    Section 4061 sets how child support-related expenses are computed and split between parents.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4061. The amounts in Section 4062 shall be considered additional support for the children and shall be computed in accordance with the following: (a) If there needs to be an apportionment of expenses pursuant to Section 4062, the expenses shall be divided in proportion to the parents’ net incomes as adjusted pursuant to subdivisions (c) and (d), unless a party requests or the court finds on its own motion that expenses should be divided in a different manner. (b) (1) The basic child support obligation shall first be computed using the formula set forth in subdivision (a) of Section 4055, as adjusted for any appropriate rebuttal factors in subdivision (b) of Section 4057. (2) Any additional child support required for expenses pursuant to Section 4062 shall thereafter be ordered to be paid by the parents in proportion to their net disposable incomes as adjusted pursuant to subdivisions (c) and (d). (c) In cases when spousal support is or has been ordered to be paid by one parent to the other, for purposes of allocating additional expenses pursuant to Section 4062, the gross income of the parent paying spousal support shall be decreased by the amount of the spousal support paid and the gross income of the parent receiving the spousal support shall be increased by the amount of the spousal support received for as long as the spousal support order is in effect and is paid. (d) For purposes of computing the adjusted net disposable income of the parent paying child support for allocating any additional expenses pursuant to Section 4062, the net disposable income of the parent paying child support shall be reduced by the amount of any basic child support ordered to be paid under subdivision (a) of Section 4055. However, the net disposable income of the parent receiving child support shall not be increased by any amount of child support received. (e) This section shall be operative September 1, 2024. (Repealed (in Sec. 8) and added by Stats. 2023, Ch. 213, Sec. 3. (SB 343) Effective January 1, 2024. Operative September 1, 2024, by its own provisions.)
  126. 4062.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    The court must order certain additional child support items and may order others.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4062. (a) The court shall order the following as additional child support: (1) Childcare costs, if those expenses are actually incurred, related to employment or to reasonably necessary education or training for employment skills, as described in Section 4063, unless those costs are specifically included in the guideline calculation itself. (2) The reasonable uninsured health care costs for the children as provided in Section 4063. (b) The court may order the following as additional child support: (1) Costs related to the educational or other special needs of the children. (2) Travel expenses for visitation. (c) This section shall be operative September 1, 2024. (Repealed (in Sec. 10) and added by Stats. 2023, Ch. 213, Sec. 3. (SB 343) Effective January 1, 2024. Operative September 1, 2024, by its own provisions.)
  127. 4063.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    This section requires the court and parents to follow specific steps for child-support related reimbursement of additional child costs, including itemized statements, repayment timing, and treatment of health-care and childcare expenses.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4063. (a) When making an order pursuant to subdivision (a) of Section 4062, the court shall: (1) Advise each parent, in writing or on the record, of the parent’s rights and liabilities, including financial responsibilities. (2) Include in its order the time period for a parent to reimburse the other parent for the reimbursing parent’s share of the reasonable additional child support costs subject to the requirements of this section. (b) Unless there has been an assignment of rights pursuant to Section 11477 of the Welfare and Institutions Code, when either parent accrues or pays costs pursuant to an order under this section, that parent shall provide the other parent with an itemized statement of the costs within a reasonable time, but not more than 90 days after accruing the costs. These costs shall then be paid as follows: (1) If a parent has already paid all of these costs, that parent shall provide proof of payment and a request for reimbursement of that parent’s court-ordered share to the other parent. (2) If a parent has paid the parent’s court-ordered share of the costs only, that parent shall provide proof of payment to the other parent, request the other parent to pay the remainder of the costs directly to the provider, and provide the reimbursing parent with any necessary information about how to make the payment to the provider. (3) The other parent shall make the reimbursement or pay the remaining costs within the time period specified by the court, or, if no period is specified, within a reasonable time not to exceed 30 days from notification of the amount due, or according to any payment schedule set by the health care provider for either parent unless the parties agree in writing to another payment schedule or the court finds good cause for setting another payment schedule. (4) If the reimbursing parent disputes a request for payment, that parent shall pay the requested amount and thereafter may seek judicial relief under this section and Section 290. If the reimbursing parent fails to pay the other parent as required by this subdivision, the other parent may seek judicial relief under this section and Section 290. (c) Either parent may file a noticed motion to enforce an order issued pursuant to this section. In addition to the court’s powers under Section 290, the court may award filing costs and reasonable attorney’s fees if it finds that either party acted without reasonable cause regarding the party’s obligations pursuant to this section. (d) There is a rebuttable presumption that the costs actually paid for the uninsured health care needs of the children and for childcare that is for employment or reasonably necessary for education or training for employment skills are reasonable, except as provided in subdivision (e). (e) Except as provided in subdivision (g): (1) The health care insurance coverage, including, but not limited to, coverage for emergency treatment, provided by a parent pursuant to a court order, shall be the coverage to be utilized at all times, consistent with the requirements of that coverage, unless the other parent can show that the health care insurance coverage is inadequate to meet the child’s needs. (2) If either parent obtains health care insurance coverage in addition to that provided pursuant to the court order, that parent shall bear sole financial responsibility for the costs of that additional coverage and the costs of any care or treatment obtained pursuant thereto in excess of the costs that would have been incurred under the health care insurance coverage provided for in the court order. (f) Except as provided in subdivision (g): (1) If the health care insurance coverage provided by a parent pursuant to a court order designates a preferred health care provider, that preferred provider shall be used at all times, consistent with the terms and requirements of that coverage. (2) If either parent uses a health care provider other than the preferred provider inconsistent with the terms and requirements of the court-ordered health care insurance coverage, the parent obtaining that care shall bear the sole responsibility for any nonreimbursable health care costs in excess of the costs that would have been incurred under the court-ordered health care insurance coverage had the preferred provider been used. (g) When ruling on a motion made pursuant to this section, in order to ensure that the health care needs of the child and the need for childcare for employment or reasonably necessary for education or training for employment skills pursuant to this section are met, the court shall consider all relevant facts, on both of the following categories: (1) With regard to health care, the court shall consider all relevant facts, including, but not limited to, the following: (A) The geographic access and reasonable availability of necessary health care for the child that complies with the terms of the health care insurance coverage paid for by either parent pursuant to a court order. Health insurance shall be rebuttably presumed to be accessible if services to be provided are within 50 miles of the residence of the child subject to the support order. If the court determines that health insurance is not accessible, the court shall state the reason on the record. (B) The necessity of emergency medical treatment that may have precluded the use of the health care insurance, or the preferred health care provider required under the insurance, provided by either parent pursuant to a court order. (C) The special medical needs of the child. (D) The reasonable inability of a parent to pay the full amount of reimbursement within a 30-day period and the resulting necessity for a court-ordered payment schedule. (2) With regard to childcare costs for employment or that are reasonably necessary for education or training for employment skills, the court shall consider all relevant facts, including, but not limited to, the following: (A) The nature and extent of job-related childcare needs, including, but not limited to, work schedule needs and the duration of education or training for employment skills. (B) The necessity and reasonableness of the cost under the circumstances of the case. (C) The special needs of the child. (D) The reasonable inability of a parent to pay the full amount of reimbursement within a 30-day period and the resulting necessity for a court-ordered payment schedule. (h) This section shall become operative September 1, 2024. (Repealed (in Sec. 12) and added by Stats. 2023, Ch. 213, Sec. 3. (SB 343) Effective January 1, 2024. Operative September 1, 2024, by its own provisions.)
  128. 4064.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    The court may adjust a child support order to account for seasonal or fluctuating income of either parent.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4064. The court may adjust the child support order as appropriate to accommodate seasonal or fluctuating income of either parent. (Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
  129. 4065.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    Parties may agree to child support amounts, but court approval is limited when the agreed amount is below the guideline formula amount.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4065. (a) Unless prohibited by applicable federal law, the parties may stipulate to a child support amount subject to approval of the court. However, the court shall not approve a stipulated agreement for child support below the guideline formula amount unless the parties declare all of the following: (1) They are fully informed of their rights concerning child support. (2) The order is being agreed to without coercion or duress. (3) The agreement is in the best interests of the children involved. (4) The needs of the children will be adequately met by the stipulated amount. (5) The right to support has not been assigned to the county pursuant to Section 11477 of the Welfare and Institutions Code and no public assistance application is pending. (b) The parties may, by stipulation, require the child support obligor to designate an account for the purpose of paying the child support obligation by electronic funds transfer pursuant to Section 4508. (c) A stipulated agreement of child support is not valid unless the local child support agency has joined in the stipulation by signing it in any case in which the local child support agency is providing services pursuant to Section 17400. The local child support agency shall not stipulate to a child support order below the guideline amount if the children are receiving assistance under the CalWORKs program, if an application for public assistance is pending, or if the parent receiving support has not consented to the order. (d) If the parties to a stipulated agreement stipulate to a child support order below the amount established by the statewide uniform guideline, no change of circumstances need be demonstrated to obtain a modification of the child support order to the applicable guideline level or above. (Amended by Stats. 2000, Ch. 808, Sec. 35. Effective September 28, 2000.)
  130. 4066.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    Child support orders and stipulations that comply with the statewide uniform guideline may be labeled as “family support” as an unallocated total sum, and the order amount must be adjusted to maximize tax benefits for both parents.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4066. Orders and stipulations otherwise in compliance with the statewide uniform guideline may designate as “family support” an unallocated total sum for support of the spouse and any children without specifically labeling all or any portion as “child support” as long as the amount is adjusted to reflect the effect of additional deductibility. The amount of the order shall be adjusted to maximize the tax benefits for both parents. (Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
  131. 4067.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    The Legislature must review the statewide uniform child support guideline at least every four years and revise it as appropriate.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4067. It is the intent of the Legislature that the statewide uniform guideline shall be reviewed by the Legislature at least every four years and shall be revised by the Legislature as appropriate to ensure that its application results in the determination of appropriate child support amounts. The review shall include consideration of changes required by applicable federal laws and regulations or recommended from time to time by the Judicial Council pursuant to Section 4054. (Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
  132. 4068.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    The Judicial Council may create child-support worksheets and a court form, and must develop a simplified income and expense form and related usage factors by June 1, 1995.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4068. (a) The Judicial Council may develop the following: (1) Model worksheets to assist parties in determining the approximate amount of child support due under the formula provided in subdivision (a) of Section 4055 and the approximate percentage of time each parent has primary physical responsibility for the children. (2) A form to assist the courts in making the findings and orders required by this article. (b) The Judicial Council, in consultation with representatives of the State Department of Social Services, the California Family Support Council, the Senate Judiciary Committee, the Assembly Judiciary Committee, the Family Law Section of the State Bar of California, a legal services organization providing representation on child support matters, a custodial parent group, and a noncustodial parent group, shall develop a simplified income and expense form for determining child support under the formula provided in subdivision (a) of Section 4055, by June 1, 1995. The Judicial Council, also in consultation with these groups, shall develop factors to use to determine when the simplified income and expense form may be used and when the standard income and expense form must be used. (Amended by Stats. 1994, Ch. 953, Sec. 1. Effective January 1, 1995.)
  133. 4069.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    The establishment of the statewide uniform guideline is treated as a change of circumstances.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4069. The establishment of the statewide uniform guideline constitutes a change of circumstances. (Amended (as added by Stats. 1993, Ch. 219, Sec. 138) by Stats. 1993, Ch. 1156, Sec. 5. Effective January 1, 1994.)
  134. 4070.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    If a parent has extreme financial hardship from justifiable expenses tied to Section 4071 circumstances, the court may allow income deductions under Section 4059 when a party requests it.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4070. If a parent is experiencing extreme financial hardship due to justifiable expenses resulting from the circumstances enumerated in Section 4071, on the request of a party, the court may allow the income deductions under Section 4059 that may be necessary to accommodate those circumstances. (Added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
  135. 4071.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    This section lists hardship circumstances, lets a court allow certain income deductions to cover them, caps one deduction, and lets the Judicial Council develop tables for the cap.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4071. (a) Circumstances evidencing hardship include the following: (1) Extraordinary health expenses for which the parent is financially responsible, and uninsured catastrophic losses. (2) The minimum basic living expenses of either parent’s natural or adopted children for whom the parent has the obligation to support from other marriages or relationships who reside with the parent. The court, on its own motion or on the request of a party, may allow these income deductions as necessary to accommodate these expenses after making the deductions allowable under paragraph (1). (b) The maximum hardship deduction under paragraph (2) of subdivision (a) for each child who resides with the parent may be equal to, but shall not exceed, the support allocated each child subject to the order. For purposes of calculating this deduction, the amount of support per child established by the statewide uniform guideline shall be the total amount ordered divided by the number of children and not the amount established under paragraph (8) of subdivision (b) of Section 4055. (c) The Judicial Council may develop tables in accordance with this section to reflect the maximum hardship deduction, taking into consideration the parent’s net disposable income before the hardship deduction, the number of children for whom the deduction is being given, and the number of children for whom the support award is being made. (Amended (as added by Stats. 1993, Ch. 219, Sec. 138) by Stats. 1993, Ch. 1156, Sec. 6. Effective January 1, 1994.)
  136. 4072.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    If a hardship-expense deduction is allowed, the court must explain it in writing or on the record and document the amount and supporting facts. When possible, the court should also state how long the deduction will last.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4072. (a) If a deduction for hardship expenses is allowed, the court shall do both of the following: (1) State the reasons supporting the deduction in writing or on the record. (2) Document the amount of the deduction and the underlying facts and circumstances. (b) Whenever possible, the court shall specify the duration of the deduction. (Added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
  137. 4073.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    The court must follow the article’s goals when deciding whether to allow a financial hardship deduction and when setting its amount.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4073. The court shall be guided by the goals set forth in this article when considering whether or not to allow a financial hardship deduction, and, if allowed, when determining the amount of the deduction. (Added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
  138. 4074.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    This article applies to child support awards, including “family support” awards that cover support for both children and a spouse.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4074. This article applies to an award for the support of children, including those awards designated as “family support,” that contain provisions for the support of children as well as for the support of the spouse. (Added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
  139. 4075.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    This section says the article does not change how spousal support and separate maintenance payments are treated under federal tax law.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4075. This article shall not be construed to affect the treatment of spousal support and separate maintenance payments pursuant to Section 71 of the Internal Revenue Code of 1954 (26 U.S.C. Sec. 71). (Added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
  140. 4076.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    A court may phase in a child support increase in limited cases, and must document the reasons and schedule in writing.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4076. (a) When the court is requested to modify a child support order issued prior to July 1, 1992, for the purpose of conforming to the statewide child support guideline, and it is not using its discretionary authority to depart from the guideline pursuant to paragraph (3), (4), or (5) of subdivision (b) of Section 4057, and the amount of child support to be ordered is the amount provided under the guideline formula in subdivision (a) of Section 4055, the court may, in its discretion, order a two-step phase-in of the formula amount of support to provide the obligor with time for transition to the full formula amount if all of the following are true: (1) The period of the phase-in is carefully limited to the time necessary for the obligor to rearrange the obligor’s financial obligations in order to meet the full formula amount of support. (2) The obligor is immediately being ordered to pay not less than 30 percent of the amount of the child support increase, in addition to the amount of child support required under the prior order. (3) The obligor has not unreasonably increased their financial obligations following notice of the motion for modification of support, has no arrearages owing, and has a history of good faith compliance with prior support orders. (b) When the court grants a request for a phase-in pursuant to this section, the court shall state the following in writing: (1) The specific reasons why (A) the immediate imposition of the full formula amount of support would place an extraordinary hardship on the obligor, and (B) this extraordinary hardship on the obligor would outweigh the hardship caused the supported children by the temporary phase-in of the full formula amount of support. (2) The full guideline amount of support, the date and amount of each phase-in, and the date that the obligor must commence paying the full formula amount of support, which shall not be later than one year after the filing of the motion for modification of support. (c) When the court orders a phase-in pursuant to this section, and the court thereafter determines that the obligor has violated the phase-in schedule or has intentionally lowered the income available for the payment of child support during the phase-in period, the court may order the immediate payment of the full formula amount of child support and the difference in the amount of support that would have been due without the phase-in and the amount of support due with the phase-in, in addition to any other penalties provided for by law. (Amended by Stats. 2019, Ch. 115, Sec. 47. (AB 1817) Effective January 1, 2020.)
  141. 4077.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. )

    Verify source ↗

    The Department of Child Support Services and the Judicial Council must meet and confer by November 21, 2022, and each must submit its own report to specified legislative committees.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Statewide Uniform Guideline [4050 - 4077] ( Article 2 repealed and added by Stats. 1993, Ch. 219, Sec. 138. ) ## 4077. The Department of Child Support Services and the Judicial Council shall meet and confer, no later than November 21, 2022, and each entity shall submit its own report to the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review and the Assembly and Senate Committees on Judiciary on what additional legislative changes are required to comply with the federal child support regulations revised in 81 Federal Register 93492 (Dec. 20, 2016), if any, which shall consider the most recent review of the statewide child support guideline completed pursuant to Section 4054, and identify any points of agreement and any difference of interpretation, perspective, or opinion between the entities regarding the legislative changes required. (Added by Stats. 2022, Ch. 573, Sec. 5. (AB 207) Effective September 27, 2022.)
  142. 420.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Solemnization of Marriage [420 - 426] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says marriages do not need a set ceremony form, but the parties must declare in the physical presence of the officiant and necessary witnesses that they take each other as spouses. It also allows an overseas deployed service member in a conflict or war to marry through an attorney in fact, with specific power-of-attorney requirements.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Solemnization of Marriage [420 - 426] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 420. (a) No particular form for the ceremony of marriage is required for solemnization of the marriage, but the parties shall declare, in the physical presence of the person solemnizing the marriage and necessary witnesses, that they take each other as spouses. (b) Notwithstanding subdivision (a), a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage may enter into that marriage by the appearance of an attorney in fact, commissioned and empowered in writing for that purpose through a power of attorney. The attorney in fact shall personally appear at the county clerk’s office with the party who is not stationed overseas and present the original power of attorney duly signed by the party stationed overseas and acknowledged before a notary or witnessed by two officers of the United States Armed Forces. Copies in any form, including by facsimile, are not acceptable. The power of attorney shall state the full given names at birth, or by court order, of the parties to be married, and that the power of attorney is solely for the purpose of authorizing the attorney in fact to obtain a marriage license on the person’s behalf and participate in the solemnization of the marriage. The original power of attorney shall be a part of the marriage certificate upon registration. The completion of a power of attorney shall be the sole determinant as to whether the county clerk’s office and the State Registrar will accept the power of attorney. (c) A contract of marriage, if otherwise duly made, shall not be invalidated for want of conformity to the requirements of any religious sect. (Amended by Stats. 2016, Ch. 130, Sec. 1. (AB 2128) Effective January 1, 2017.)
  143. 4200.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney [4200 - 4205] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 219, Sec. 139.5. )

    Verify source ↗

    If a court orders child support to be paid to a parent receiving welfare moneys, the court must direct where the payments go and must direct the local child support agency to appear for the welfare recipient to enforce the order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney [4200 - 4205] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 219, Sec. 139.5. ) ## 4200. In any proceeding where a court makes or has made an order requiring the payment of child support to a parent receiving welfare moneys for the maintenance of children for whom support may be ordered, the court shall do both of the following: (a) Direct that the payments of support shall be made to the county officer designated by the court for that purpose. Once the State Disbursement Unit is implemented pursuant to Section 17309, all payments shall be directed to the State Disbursement Unit instead of the county officer designated by the court. (b) Direct the local child support agency to appear on behalf of the welfare recipient in any proceeding to enforce the order. (Amended by Stats. 2003, Ch. 387, Sec. 2. Effective January 1, 2004.)
  144. 4201.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney [4200 - 4205] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 219, Sec. 139.5. )

    Verify source ↗

    The court may direct child support payments to a county officer, and once the State Disbursement Unit is implemented, payments must go to that Unit instead. The court may also direct the local child support agency to appear for the minor children in enforcement proceedings.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney [4200 - 4205] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 219, Sec. 139.5. ) ## 4201. In any proceeding where a court makes or has made an order requiring the payment of child support to the person having custody of a child for whom support may be ordered, the court may do either or both of the following: (a) Direct that the payments shall be made to the county officer designated by the court for that purpose. Once the State Disbursement Unit is implemented pursuant to Section 17309, all payments shall be directed to the State Disbursement Unit instead of the county officer designated by the court. (b) Direct the local child support agency to appear on behalf of the minor children in any proceeding to enforce the order. (Amended by Stats. 2003, Ch. 387, Sec. 3. Effective January 1, 2004.)
  145. 4202.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney [4200 - 4205] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 219, Sec. 139.5. )

    Verify source ↗

    If the custodial parent and the support-paying parent live in different counties, the court may send payments to a county officer in the custodial parent’s county and may assign either county’s local child support agency to enforce the order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney [4200 - 4205] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 219, Sec. 139.5. ) ## 4202. (a) Notwithstanding any other provision of law, in a proceeding where the custodial parent resides in one county and the parent ordered to pay support resides in another county, the court may direct payment to be made to the county officer designated by the court for those purposes in the county of residence of the custodial parent, and may direct the local child support agency of either county to enforce the order. (b) If the court directs the local child support agency of the county of residence of the noncustodial parent to enforce the order, the expenses of the local child support agency with respect to the enforcement is a charge upon the county of residence of the noncustodial parent. (Amended by Stats. 2004, Ch. 339, Sec. 3. Effective January 1, 2005.)
  146. 4203.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney [4200 - 4205] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 219, Sec. 139.5. )

    Verify source ↗

    Certain county and child support enforcement costs are charged to the county, with an exception for Section 4202.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney [4200 - 4205] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 219, Sec. 139.5. ) ## 4203. (a) Except as provided in Section 4202, expenses of the county officer designated by the court, and expenses of the local child support agency incurred in the enforcement of an order of the type described in Section 4200 or 4201, are a charge upon the county where the proceedings are pending. (b) Fees for service of process in the enforcement of an order of the type described in Section 4200 or 4201 are a charge upon the county where the process is served. (Amended by Stats. 2000, Ch. 808, Sec. 39. Effective September 28, 2000.)
  147. 4204.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney [4200 - 4205] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 219, Sec. 139.5. )

    Verify source ↗

    A local child support agency must issue and serve notice, and file it with the court, when child support has been assigned to the county or enforcement services have been requested.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney [4200 - 4205] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 219, Sec. 139.5. ) ## 4204. Notwithstanding any other law, in any proceeding where the court has made an order requiring the payment of child support and the child support is subsequently assigned to the county pursuant to Section 11477 of the Welfare and Institutions Code or the support obligor or obligee has requested a local child support agency to provide child support enforcement services pursuant to Section 17400, the local child support agency shall issue a notice directing that the payments shall be made to the local child support agency, another county office, or the State Disbursement Unit pursuant to Section 17309. Additionally, the local child support agency shall provide notice when it is no longer providing services under Part D of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.). The local child support agency shall serve the notice on both the support obligor and obligee in compliance with Section 1013 of the Code of Civil Procedure and file the notice with the court. (Amended by Stats. 2022, Ch. 420, Sec. 15. (AB 2960) Effective January 1, 2023.)
  148. 4205.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney [4200 - 4205] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 219, Sec. 139.5. )

    Verify source ↗

    If a local child support agency asks a support obligor to meet, the notice must tell the obligor they may have an attorney present.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney [4200 - 4205] ( Heading of Article 3 renumbered from Article 4 by Stats. 1993, Ch. 219, Sec. 139.5. ) ## 4205. Any notice from the local child support agency requesting a meeting with the support obligor for any purpose authorized under this part shall contain a statement advising the support obligor of the obligor’s right to have an attorney present at the meeting. (Amended by Stats. 2019, Ch. 115, Sec. 48. (AB 1817) Effective January 1, 2020.)
  149. 421.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Solemnization of Marriage [420 - 426] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A person solemnizing a marriage must require the marriage license to be presented before the ceremony, and if there is reason to doubt the license facts, must be satisfied they are correct before proceeding.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Solemnization of Marriage [420 - 426] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 421. Before solemnizing a marriage, the person solemnizing the marriage shall require the presentation of the marriage license. If the person solemnizing the marriage has reason to doubt the correctness of the statement of facts in the marriage license, the person must be satisfied as to the correctness of the statement of facts before solemnizing the marriage. For this purpose, the person may administer oaths and examine the parties and witnesses in the same manner as the county clerk does before issuing the license. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  150. 422.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Solemnization of Marriage [420 - 426] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The person who solemnizes a marriage must sign and type or print a prescribed statement on the marriage license.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Solemnization of Marriage [420 - 426] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 422. The person solemnizing a marriage shall sign and print or type upon the marriage license a statement, in the form prescribed by the State Department of Public Health, showing all of the following: (a) The fact, date (month, day, year), and place (city and county) of solemnization. (b) The printed names, signatures, and mailing addresses of at least one, and no more than two, witnesses to the ceremony. (c) The official position of the person solemnizing the marriage, or of the denomination of which that person is a priest, minister, rabbi, or other authorized person of any religious denomination. (d) The person solemnizing the marriage shall also type or print their name and mailing address. (Amended by Stats. 2019, Ch. 115, Sec. 9. (AB 1817) Effective January 1, 2020.)
  151. 423.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Solemnization of Marriage [420 - 426] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The person who solemnizes a marriage must return the endorsed marriage license to the county recorder within 10 days after the ceremony, and must include a court order copy if either spouse was a minor.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Solemnization of Marriage [420 - 426] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 423. (a) The person solemnizing the marriage shall return the marriage license, endorsed as required in Section 422, to the county recorder of the county in which the license was issued within 10 days after the ceremony. (b) For purposes of Section 102356 of the Health and Safety Code, the person solemnizing the marriage shall include with the marriage license described in subdivision (a) a copy of the court order granting permission to marry described in Section 304, if one or both of the parties to the marriage were minors at the time of solemnization of the marriage. (Amended by Stats. 2018, Ch. 660, Sec. 6. (SB 273) Effective January 1, 2019.)
  152. 425.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Solemnization of Marriage [420 - 426] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If no prior solemnization record is known to exist, the parties may buy a License and Certificate of Declaration of Marriage from the county clerk after one year or more, and they must return the license and certificate to the county recorder.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Solemnization of Marriage [420 - 426] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 425. If no record of the solemnization of a California marriage previously contracted under this division for that marriage is known to exist, the parties may purchase a License and Certificate of Declaration of Marriage from the county clerk in the parties’ county of residence one year or more from the date of the marriage. The license and certificate shall be returned to the county recorder of the county in which the license was issued. (Amended by Stats. 2006, Ch. 816, Sec. 20. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  153. 4250.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Child Support Commissioners [4250 - 4253] ( Article 4 added by Stats. 1996, Ch. 957, Sec. 6. )

    Verify source ↗

    The Legislature states that child and spousal support are serious obligations and says the court system should be faster, simpler, and more accessible for support cases.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Child Support Commissioners [4250 - 4253] ( Article 4 added by Stats. 1996, Ch. 957, Sec. 6. ) ## 4250. (a) The Legislature finds and declares the following: (1) Child and spousal support are serious legal obligations. (2) The current system for obtaining, modifying, and enforcing child and spousal support orders is inadequate to meet the future needs of California’s children due to burgeoning caseloads within local child support agencies and the growing number of parents who are representing themselves in family law actions. (3) The success of California’s child support enforcement program depends upon its ability to establish and enforce child support orders quickly and efficiently. (4) There is a compelling state interest in creating an expedited process in the courts that is cost-effective and accessible to families, for establishing and enforcing child support orders in cases being enforced by the local child support agency. (5) There is a compelling state interest in having a simple, speedy, conflict-reducing system, that is both cost-effective and accessible to families, for resolving all issues concerning children, including support, health insurance, custody, and visitation in family law cases that do not involve enforcement by the local child support agency. (b) Therefore, it is the intent of the Legislature to: (1) provide for commissioners to hear child support cases being enforced by the local child support agency; (2) adopt uniform and simplified procedures for all child support cases; and (3) create an Office of the Family Law Facilitator in the courts to provide education, information, and assistance to parents with child support issues. (Amended by Stats. 2000, Ch. 808, Sec. 42. Effective September 28, 2000.)
  154. 4251.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Child Support Commissioners [4250 - 4253] ( Article 4 added by Stats. 1996, Ch. 957, Sec. 6. )

    Verify source ↗

    This section requires superior courts to provide enough child support commissioners, sends most listed child support cases to a commissioner, and sets review, temporary-judge, and de novo hearing procedures.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Child Support Commissioners [4250 - 4253] ( Article 4 added by Stats. 1996, Ch. 957, Sec. 6. ) ## 4251. (a) Commencing July 1, 1997, each superior court shall provide sufficient commissioners to hear Title IV-D child support cases filed by the local child support agency. The number of child support commissioners required in each county shall be determined by the Judicial Council as prescribed by paragraph (3) of subdivision (b) of Section 4252. All actions or proceedings filed by the local child support agency in a support action or proceeding in which enforcement services are being provided pursuant to Section 17400, for an order to establish, modify, or enforce child or spousal support, including actions to establish parentage, shall be referred for hearing to a child support commissioner unless a child support commissioner is not available due to exceptional circumstances, as prescribed by the Judicial Council pursuant to paragraph (7) of subdivision (b) of Section 4252. All actions or proceedings filed by a party other than the local child support agency to modify or enforce a support order established by the local child support agency or for which enforcement services are being provided pursuant to Section 17400 shall be referred for hearing to a child support commissioner unless a child support commissioner is not available due to exceptional circumstances, as prescribed by the Judicial Council pursuant to paragraph (7) of subdivision (b) of Section 4252. (b) The commissioner shall act as a temporary judge unless an objection is made by the local child support agency or any other party. The Judicial Council shall develop a notice that shall be included on all forms and pleadings used to initiate a child support action or proceeding that advises the parties of their right to review by a superior court judge and how to exercise that right. The parties shall also be advised by the court prior to the commencement of the hearing that the matter is being heard by a commissioner who shall act as a temporary judge unless any party objects to the commissioner acting as a temporary judge. While acting as a temporary judge, the commissioner shall receive no compensation other than compensation as a commissioner. (c) If a party objects to the commissioner acting as a temporary judge, the commissioner may hear the matter and make findings of fact and a recommended order. Within 10 court days, a judge shall ratify the recommended order unless either party objects to the recommended order, or where a recommended order is in error. In both cases, the judge shall issue a temporary order and schedule a hearing de novo within 10 court days. A party may waive the right to the review hearing at any time. (d) The commissioner, where appropriate, shall do any of the following: (1) Review and determine ex parte applications for orders and writs. (2) Take testimony. (3) Establish a record, evaluate evidence, and make recommendations or decisions. (4) Enter judgments or orders based upon voluntary acknowledgments of support liability and parentage and stipulated agreements respecting the amount of child support to be paid. (5) Enter default orders and judgments pursuant to Section 4253. (6) In actions in which parentage is at issue, order the mother, child, and alleged father to submit to genetic tests. (e) The commissioner shall, upon application of a party, join issues concerning custody, visitation, and protective orders in the action filed by the local child support agency, subject to Section 17404. After joinder, the commissioner shall: (1) Refer the parents for mediation of disputed custody or visitation issues pursuant to Section 3170. (2) Accept stipulated agreements concerning custody, visitation, and protective orders and enter orders pursuant to the agreements. (3) Refer contested issues of custody, visitation, and protective orders to a judge or to another commissioner for hearing. A child support commissioner may hear contested custody, visitation, and restraining order issues only if the court has adopted procedures to segregate the costs of hearing Title IV-D child support issues from the costs of hearing other issues pursuant to applicable federal requirements. (f) The local child support agency shall be served notice by the moving party of any proceeding under this section in which support is at issue. An order for support that is entered without the local child support agency having received proper notice shall be voidable upon the motion of the local child support agency. (Amended by Stats. 2019, Ch. 115, Sec. 49. (AB 1817) Effective January 1, 2020.)
  155. 4252.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Child Support Commissioners [4250 - 4253] ( Article 4 added by Stats. 1996, Ch. 957, Sec. 6. )

    Verify source ↗

    The superior court must appoint child support commissioners, and the Judicial Council must set qualifications, standards, rules, training, funding procedures, and related implementation measures for them.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Child Support Commissioners [4250 - 4253] ( Article 4 added by Stats. 1996, Ch. 957, Sec. 6. ) ## 4252. (a) The superior court shall appoint one or more subordinate judicial officers as child support commissioners to perform the duties specified in Section 4251. The child support commissioners’ first priority always shall be to hear Title IV-D child support cases. The child support commissioners shall specialize in hearing child support cases, and their primary responsibility shall be to hear Title IV-D child support cases. Notwithstanding Section 71622 of the Government Code, the number of child support commissioner positions allotted to each court shall be determined by the Judicial Council in accordance with caseload standards developed pursuant to paragraph (3) of subdivision (b), subject to appropriations in the annual Budget Act. (b) The Judicial Council shall do all of the following: (1) Establish minimum qualifications for child support commissioners. (2) Establish minimum educational and training requirements for child support commissioners and other court personnel that are assigned to Title IV-D child support cases. Training programs shall include both federal and state laws concerning child support and related issues. (3) Establish caseload, case processing, and staffing standards for child support commissioners on or before April 1, 1997, which shall set forth the maximum number of cases that each child support commissioner can process. These standards shall be reviewed and, if appropriate, revised by the Judicial Council every two years. (4) Adopt uniform rules of court and forms for use in Title IV-D child support cases. (5) Offer technical assistance to courts regarding issues relating to implementation and operation of the child support commissioner system, including assistance related to funding, staffing, and the sharing of resources between courts. (6) Establish procedures for the distribution of funding to the courts for child support commissioners, family law facilitators pursuant to Division 14 (commencing with Section 10000), and related allowable costs. (7) Adopt rules that define the exceptional circumstances in which judges may hear Title IV-D child support matters as provided in subdivision (a) of Section 4251. (8) Undertake other actions as appropriate to ensure the successful implementation and operation of child support commissioners in the counties. (c) As used in this article, “Title IV-D” means Title IV-D of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.). (Amended by Stats. 2002, Ch. 784, Sec. 105. Effective January 1, 2003.)
  156. 4253.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Child Support Commissioners [4250 - 4253] ( Article 4 added by Stats. 1996, Ch. 957, Sec. 6. )

    Verify source ↗

    A commissioner or referee hearing child support matters may enter default orders if the defendant does not respond to notice or other process on time.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHILD SUPPORT [3900 - 4253] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Court-Ordered Child Support [4000 - 4253] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Child Support Commissioners [4250 - 4253] ( Article 4 added by Stats. 1996, Ch. 957, Sec. 6. ) ## 4253. Notwithstanding any other provision of law, when hearing child support matters, a commissioner or referee may enter default orders if the defendant does not respond to notice or other process within the time prescribed to respond to that notice. (Added by Stats. 1996, Ch. 957, Sec. 6. Effective January 1, 1997.)
  157. 426.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Solemnization of Marriage [420 - 426] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The county clerk may issue a marriage license to the person solemnizing the marriage when the parties cannot appear in person and the listed affidavit and authentication requirements are met.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SOLEMNIZATION OF MARRIAGE [400 - 426] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Solemnization of Marriage [420 - 426] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 426. If for sufficient reason, as described in subdivision (d), either or both of the parties to be married are physically unable to appear in person before the county clerk, a marriage license may be issued by the county clerk to the person solemnizing the marriage if the following requirements are met: (a) The person solemnizing the marriage physically presents an affidavit to the county clerk explaining the reason for the inability to appear. (b) The affidavit is signed under penalty of perjury by the person solemnizing the marriage and by both parties. (c) The signature of any party to be married who is unable to appear in person before the county clerk is authenticated by a notary public or a court prior to the county clerk issuing the marriage license. (d) Sufficient reason includes proof of hospitalization, incarceration, or any other reason proved to the satisfaction of the county clerk. (Added by Stats. 2006, Ch. 816, Sec. 21. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  158. 4300.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty to Support Spouse [4300 - 4303] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A person must support their spouse, subject to this division.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty to Support Spouse [4300 - 4303] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4300. Subject to this division, a person shall support the person’s spouse. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  159. 4301.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty to Support Spouse [4300 - 4303] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A person must support their spouse while they live together, using the person’s separate property, when there is no community or quasi-community property, subject to Section 914.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty to Support Spouse [4300 - 4303] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4301. Subject to Section 914, a person shall support the person’s spouse while they are living together out of the separate property of the person when there is no community property or quasi-community property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  160. 4302.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty to Support Spouse [4300 - 4303] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A person living separate from a spouse by agreement is not liable for spousal support unless the agreement says support is required.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty to Support Spouse [4300 - 4303] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4302. A person is not liable for support of the person’s spouse when the person is living separate from the spouse by agreement unless support is stipulated in the agreement. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  161. 4303.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty to Support Spouse [4300 - 4303] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The obligee spouse, or the county on the spouse’s behalf, may sue the obligor spouse to enforce support. If the county provides support, it gets the same reimbursement and continuing-support rights as the spouse, subject to state-law limits. The court may also order the obligor to pay the county’s reasonable attorney’s fees and court costs.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Duty to Support Spouse [4300 - 4303] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4303. (a) The obligee spouse, or the county on behalf of the obligee spouse, may bring an action against the obligor spouse to enforce the duty of support. (b) If the county furnishes support to a spouse, the county has the same right as the spouse to whom the support was furnished to secure reimbursement and obtain continuing support. The right of the county to reimbursement is subject to any limitation otherwise imposed by the law of this state. (c) The court may order the obligor to pay the county reasonable attorney’s fees and court costs in a proceeding brought by the county under this section. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  162. 4320.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When ordering spousal support, the court must consider the listed circumstances.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4320. In ordering spousal support under this part, the court shall consider all of the following circumstances: (a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: (1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment. (2) The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties. (b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party. (c) The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living. (d) The needs of each party based on the standard of living established during the marriage. (e) The obligations and assets, including the separate property, of each party. (f) The duration of the marriage. (g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party. (h) The age and health of the parties. (i) All documented evidence of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party’s child, including, but not limited to, consideration of: (1) A plea of nolo contendere. (2) Emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party. (3) Any history of violence against the supporting party by the supported party. (4) Issuance of a protective order after a hearing pursuant to Section 6340. (5) A finding by a court during the pendency of a divorce, separation, or child custody proceeding, or other proceeding under Division 10 (commencing with Section 6200), that the spouse has committed domestic violence. (j) The immediate and specific tax consequences to each party. (k) The balance of the hardships to each party. (l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties. (m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4324.5 or 4325. (n) Any other factors the court determines are just and equitable. (Amended by Stats. 2018, Ch. 938, Sec. 1. (AB 929) Effective January 1, 2019.)
  163. 4321.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In a dissolution or legal separation case, the court may deny support from one spouse’s separate property if the listed conditions are met.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4321. In a judgment of dissolution of marriage or legal separation of the parties, the court may deny support to a party out of the separate property of the other party in any of the following circumstances: (a) The party has separate property, or is earning the party’s own livelihood, or there is community property or quasi-community property sufficient to give the party proper support. (b) The custody of the children has been awarded to the other party, who is supporting them. (Amended by Stats. 1993, Ch. 219, Sec. 141.5. Effective January 1, 1994.)
  164. 4322.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In certain support proceedings with no children, support cannot be ordered or continued against a party who has enough separate estate, including employment income, for proper support.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4322. In an original or modification proceeding, where there are no children, and a party has or acquires a separate estate, including income from employment, sufficient for the party’s proper support, no support shall be ordered or continued against the other party. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  165. 4323.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may modify or terminate spousal support if circumstances have changed, and income of a supporting spouse’s new spouse or nonmarital partner cannot be used when setting or changing support.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4323. (a) (1) Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a nonmarital partner. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided for in Chapter 6 (commencing with Section 3650) of Part 1. (2) Holding oneself out to be the spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision. (b) The income of a supporting spouse’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying spousal support. (c) Nothing in this section precludes later modification or termination of spousal support on proof of change of circumstances. (Amended by Stats. 2014, Ch. 82, Sec. 36. (SB 1306) Effective January 1, 2015.)
  166. 4324.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗
    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4324. In addition to any other remedy authorized by law, when a spouse is convicted of attempting to murder the other spouse, as punishable pursuant to subdivision (a) of Section 664 of the Penal Code, or of soliciting the murder of the other spouse, as punishable pursuant to subdivision (b) of Section 653f of the Penal Code, the injured spouse shall be entitled to a prohibition of any temporary or permanent award for spousal support or medical, life, or other insurance benefits or payments from the injured spouse to the other spouse. As used in this section, “injured spouse” means the spouse who has been the subject of the attempted murder or the solicitation of murder for which the other spouse was convicted, whether or not actual physical injury occurred. (Amended by Stats. 2010, Ch. 65, Sec. 2. (AB 2674) Effective January 1, 2011.)
  167. 4324.5.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In certain marriage dissolution cases involving a qualifying violent sexual or domestic violence felony conviction, the section bars spousal support to the convicted spouse and limits fee shifting and property treatment.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4324.5. (a) In any proceeding for dissolution of marriage where there is a criminal conviction for a violent sexual felony or a domestic violence felony perpetrated by one spouse against the other spouse and the petition for dissolution is filed before five years following the conviction and any time served in custody, on probation, or on parole, the following shall apply: (1) An award of spousal support to the convicted spouse from the injured spouse is prohibited. (2) If economic circumstances warrant, the court shall order the attorney’s fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorney’s fees of the convicted spouse out of the injured spouse’s separate property. (3) At the request of the injured spouse, the date of separation, as defined in Section 70, shall be the date of the incident giving rise to the conviction, or earlier, if the court finds circumstances that justify an earlier date. (4) The injured spouse shall be entitled to 100 percent of the community property interest in the retirement and pension benefits of the injured spouse. (b) As used in this section, the following definitions apply: (1) “Domestic violence felony” means a felony offense for an act of abuse, as described in Section 6203, perpetrated by one spouse against the other spouse. (2) “Injured spouse” means the spouse who has been the subject of the violent sexual felony or domestic violence felony for which the other spouse was convicted. (3) “Violent sexual felony” means those offenses described in paragraphs (3), (4), (5), (11), and (18) of subdivision (c) of Section 667.5 of the Penal Code. (c) If a convicted spouse presents documented evidence of the convicted spouse’s history as a victim of a violent sexual offense, as described in paragraphs (3), (4), (5), (11), and (18) of subdivision (c) of Section 667.5 of the Penal Code, or domestic violence, as defined in Section 6211, perpetrated by the other spouse, the court may determine, based on the facts of the particular case, that one or more of paragraphs (1) to (4), inclusive, of subdivision (a) do not apply. (d) The changes made to this section by the bill that added this subdivision shall only apply to convictions that occur on or after January 1, 2019. (Amended by Stats. 2018, Ch. 850, Sec. 1. (SB 1129) Effective January 1, 2019.)
  168. 4325.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In certain divorce cases involving a recent domestic-violence misdemeanor conviction against a spouse, spousal support to the convicted spouse is prohibited unless the presumption is rebutted.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4325. (a) In a proceeding for dissolution of marriage where there is a criminal conviction for a domestic violence misdemeanor or a criminal conviction for a misdemeanor that results in a term of probation pursuant to Section 1203.097 of the Penal Code perpetrated by one spouse against the other spouse entered by the court within five years prior to the filing of the dissolution proceeding or during the course of the dissolution proceeding, there shall be a rebuttable presumption that the following shall apply: (1) An award of spousal support to the convicted spouse from the injured spouse is prohibited. (2) If economic circumstances warrant, the court shall order the attorney’s fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorney’s fees of the convicted spouse out of the injured spouse’s separate property. (3) At the request of the injured spouse, the date of separation, as defined in Section 70, shall be the date of the incident giving rise to the conviction, or earlier, if the court finds circumstances that justify an earlier date. (b) The court may consider documented evidence of a convicted spouse’s history as a victim of domestic violence, as defined in Section 6211, perpetrated by the other spouse, or any other factors the court deems just and equitable, as conditions for rebutting this presumption. (c) The rebuttable presumption created in this section may be rebutted by a preponderance of the evidence. (d) The court may determine, based on the facts of a particular case, that the injured spouse is entitled to up to 100 percent of the community property interest in the injured spouse’s retirement and pension benefits. In determining whether and how to apportion the community property interest in the retirement and pension benefits of the injured spouse, the court shall consider all of the following factors: (1) The misdemeanor domestic violence conviction, as well as documented evidence of other instances of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party’s child, including, but not limited to, consideration of emotional distress resulting from domestic violence. The court shall also consider documented evidence of a convicted spouse’s history as a victim of domestic violence, as defined in Section 6211, perpetrated by the other spouse. (2) The duration of the marriage and when, based on documented evidence, incidents of domestic violence, as defined in Section 6211, occurred. (3) The extent to which the convicted spouse’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the convicted spouse to devote time to domestic duties. (4) The extent to which the convicted spouse contributed to the attainment of an education, training, a career position, or a license by the injured spouse. (5) The balance of the hardships to each party. (6) Any other factors the court determines are just and equitable. (e) As used in this section, the following definitions apply: (1) “Domestic violence misdemeanor” means a misdemeanor offense for an act of abuse, as described in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 6203, perpetrated by one spouse against the other spouse. (2) “Injured spouse” means the spouse who has been the subject of the domestic violence misdemeanor for which the other spouse was convicted. (f) The changes made to this section by the bill that added this subdivision shall only apply to convictions that occur on or after January 1, 2019. (Amended by Stats. 2019, Ch. 115, Sec. 50. (AB 1817) Effective January 1, 2020.)
  169. 4326.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If child support ends, either party may ask to modify spousal support, but the request must be filed within six months of the child support termination date.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Factors to be Considered in Ordering Support [4320 - 4326] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4326. (a) Except as provided in subdivision (d), in a proceeding in which a spousal support order exists or in which the court has retained jurisdiction over a spousal support order, if a companion child support order is in effect, the termination of child support pursuant to subdivision (a) of Section 3901 constitutes a change of circumstances that may be the basis for a request by either party for modification of spousal support. (b) A motion to modify spousal support based on the change of circumstances described in subdivision (a) shall be filed by either party no later than six months from the date the child support order terminates. (c) If a motion to modify a spousal support order pursuant to subdivision (a) is filed, either party may request the appointment of a vocational training counselor pursuant to Section 4331. (d) Notwithstanding subdivision (a), termination of the child support order does not constitute a change of circumstances under subdivision (a) in any of the following circumstances: (1) The child and spousal support orders are the result of a marital settlement agreement or judgment and the marital settlement agreement or judgment contains a provision regarding what is to occur when the child support order terminates. (2) The child and spousal support orders are the result of a marital settlement agreement or judgment, which provides that the spousal support order is nonmodifiable or that spousal support is waived and the court’s jurisdiction over spousal support has been terminated. (3) The court’s jurisdiction over spousal support was previously terminated. (e) Notwithstanding subdivision (b), a party whose six-month deadline to file expired between January 1, 2014, and September 30, 2014, may file a motion pursuant to this section until December 31, 2014. (Added by Stats. 2014, Ch. 202, Sec. 1. (AB 414) Effective August 15, 2014.)
  170. 4330.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In a dissolution or legal separation case, the court may order spousal support that is just and reasonable, and it may also advise the supported spouse to make reasonable efforts to meet support needs unless that warning is inadvisable in a long-duration marriage.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4330. (a) In a judgment of dissolution of marriage or legal separation of the parties, the court may order a party to pay for the support of the other party an amount, for a period of time, that the court determines is just and reasonable, based on the standard of living established during the marriage, taking into consideration the circumstances as provided in Chapter 2 (commencing with Section 4320). (b) When making an order for spousal support, the court may advise the recipient of support that the recipient should make reasonable efforts to assist in providing for their support needs, taking into account the particular circumstances considered by the court pursuant to Section 4320, unless, in the case of a marriage of long duration as provided for in Section 4336, the court decides this warning is inadvisable. (Amended by Stats. 2019, Ch. 115, Sec. 51. (AB 1817) Effective January 1, 2020.)
  171. 4331.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In a dissolution or legal separation case, the court may order a party to be examined by a vocational training counselor and may also order the supporting spouse to pay the counseling, retraining, or education costs.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4331. (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the party’s ability to obtain employment based upon the party’s age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the party’s ability to obtain employment that would allow the party to maintain their marital standard of living. (b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made. (c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure. (d) “Vocational training counselor” for the purpose of this section means an individual with sufficient knowledge, skill, experience, training, or education in interviewing, administering, and interpreting tests for analysis of marketable skills, formulating career goals, planning courses of training and study, and assessing the job market, to qualify as an expert in vocational training under Section 720 of the Evidence Code. (e) A vocational training counselor shall have at least the following qualifications: (1) A master’s degree in the behavioral sciences, or other postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation. (2) Qualification to administer and interpret inventories for assessing career potential. (3) Demonstrated ability in interviewing clients and assessing marketable skills with an understanding of age constraints, physical and mental health, previous education and experience, and time and geographic mobility constraints. (4) Knowledge of current employment conditions, job market, and wages in the indicated geographic area. (5) Knowledge of education and training programs in the area with costs and time plans for these programs. (f) The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education. (Amended by Stats. 2019, Ch. 115, Sec. 52. (AB 1817) Effective January 1, 2020.)
  172. 4332.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In dissolution or legal separation cases, the court must make specific findings about the standard of living during the marriage, and must also make other factual determinations if either party asks.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4332. In a proceeding for dissolution of marriage or for legal separation of the parties, the court shall make specific factual findings with respect to the standard of living during the marriage, and, at the request of either party, the court shall make appropriate factual determinations with respect to other circumstances. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  173. 4333.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A spousal support order in a dissolution or legal separation case may be made retroactive to the filing date of the notice of motion or order to show cause, or a later date.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4333. An order for spousal support in a proceeding for dissolution of marriage or for legal separation of the parties may be made retroactive to the date of filing the notice of motion or order to show cause, or to any subsequent date. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  174. 4334.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a contingency ends a spousal support order, the support obligation ends then; the court may require notice of the contingency; and overpayments received after the contingency must be refunded, subject to first applying them to any defaulted support.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4334. (a) If a court orders spousal support for a contingent period of time, the obligation of the supporting party terminates on the happening of the contingency. The court may, in the order, order the supported party to notify the supporting party, or the supporting party’s attorney of record, of the happening of the contingency. (b) If the supported party fails to notify the supporting party, or the attorney of record of the supporting party, of the happening of the contingency and continues to accept spousal support payments, the supported party shall refund payments received that accrued after the happening of the contingency, except that the overpayments shall first be applied to spousal support payments that are then in default. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  175. 4335.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A spousal support order ends when the period stated in the order ends, and it cannot be extended unless the court keeps jurisdiction in the order or under Section 4336.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4335. An order for spousal support terminates at the end of the period provided in the order and shall not be extended unless the court retains jurisdiction in the order or under Section 4336. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  176. 4336.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court generally keeps jurisdiction over spousal support indefinitely in dissolution or legal separation cases involving a long-duration marriage, unless the parties agree otherwise or support is terminated by court order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4336. (a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration. (b) For the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration. However, the court may consider periods of separation during the marriage in determining whether the marriage is in fact of long duration. Nothing in this subdivision precludes a court from determining that a marriage of less than 10 years is a marriage of long duration. (c) Nothing in this section limits the court’s discretion to terminate spousal support in later proceedings on a showing of changed circumstances. (d) This section applies to the following: (1) A proceeding filed on or after January 1, 1988. (2) A proceeding pending on January 1, 1988, in which the court has not entered a permanent spousal support order or in which the court order is subject to modification. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  177. 4337.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A spousal support obligation ends when either party dies or the supported spouse remarries, unless the parties have agreed otherwise in writing.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4337. Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  178. 4338.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When enforcing a spousal support order, the court must use the listed property sources in the stated order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4338. In the enforcement of an order for spousal support, the court shall resort to the property described below in the order indicated: (a) The earnings, income, or accumulations of either spouse after the date of separation, as defined in Section 70, which would have been community property if the spouse had not been separated from the other spouse. (b) The community property. (c) The quasi-community property. (d) The other separate property of the party required to make the support payments. (Amended by Stats. 2016, Ch. 114, Sec. 5. (SB 1255) Effective January 1, 2017.)
  179. 4339.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may order the supporting party to provide reasonable security for paying spousal support.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation [4330 - 4339] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4339. The court may order the supporting party to give reasonable security for payment of spousal support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  180. 4350.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Payment to Court-Designated Officer; Enforcement by District Attorney [4350 - 4352] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court handling a spousal support order may direct that payments be made to a county officer the court designates, and may add a service charge allowed under Welfare and Institutions Code Section 279.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Payment to Court-Designated Officer; Enforcement by District Attorney [4350 - 4352] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4350. In any proceeding where a court makes or has made an order requiring the payment of spousal support, the court may direct that payment shall be made to the county officer designated by the court for that purpose. The court may include in its order made pursuant to this section any service charge imposed under the authority of Section 279 of the Welfare and Institutions Code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  181. 4351.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Payment to Court-Designated Officer; Enforcement by District Attorney [4350 - 4352] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may refer spousal-support enforcement to the local child support agency, which may handle appropriate enforcement proceedings, and in some cases must also enforce overdue spousal support. Notices about meetings with the support obligor must say the obligor may have an attorney present.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Payment to Court-Designated Officer; Enforcement by District Attorney [4350 - 4352] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4351. (a) In a proceeding where the court has entered an order pursuant to Section 4350, the court may also refer the matter of enforcement of the spousal support order to the local child support agency. The local child support agency may bring those enforcement proceedings it determines to be appropriate. (b) Notwithstanding subdivision (a), when the local child support agency is required to appear on behalf of a welfare recipient in a proceeding to enforce an order requiring payment of child support, the local child support agency shall also enforce any order requiring payment to the welfare recipient of spousal support that is in arrears. (c) This section does not prohibit the district attorney or the local child support agency from bringing an action or initiating process to enforce or punish the failure to obey an order for spousal support under any law that empowers the district attorney or the local child support agency to bring an action or initiate a process, whether or not there has been a referral by the court pursuant to this chapter. (d) Any notice from the district attorney or the local child support agency requesting a meeting with the support obligor for any purpose authorized under this part shall contain a statement advising the support obligor of the obligor’s right to have an attorney present at the meeting. (Amended by Stats. 2019, Ch. 115, Sec. 53. (AB 1817) Effective January 1, 2020.)
  182. 4352.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Payment to Court-Designated Officer; Enforcement by District Attorney [4350 - 4352] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Certain enforcement expenses and service-of-process fees are charged to the relevant county.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Payment to Court-Designated Officer; Enforcement by District Attorney [4350 - 4352] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4352. (a) Insofar as expenses of the county officer designated by the court and expenses of the local child support agency incurred in the enforcement of an order referred by the court under this chapter exceed any service charge imposed under Section 279 of the Welfare and Institutions Code, the expenses are a charge upon the county where the proceedings are pending. (b) Fees for service of process in the enforcement of an order referred by the court under this chapter are a charge upon the county where the process is served. (Amended by Stats. 2000, Ch. 808, Sec. 45. Effective September 28, 2000.)
  183. 4360.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Provision for Support After Death of Supporting Party [4360- 4360.] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may factor in support arrangements like annuities, insurance, or a trust to protect a supported spouse if that is just and reasonable.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. SPOUSAL SUPPORT [4300 - 4360] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Provision for Support After Death of Supporting Party [4360- 4360.] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4360. (a) For the purpose of Section 4320, where it is just and reasonable in view of the circumstances of the parties, the court, in determining the needs of a supported spouse, may include an amount sufficient to purchase an annuity for the supported spouse or to maintain insurance for the benefit of the supported spouse on the life of the spouse required to make the payment of support, or may require the spouse required to make the payment of support to establish a trust to provide for the support of the supported spouse, so that the supported spouse will not be left without means of support in the event that the spousal support is terminated by the death of the party required to make the payment of support. (b) Except as otherwise agreed to by the parties in writing, an order made under this section may be modified or terminated at the discretion of the court at any time before the death of the party required to make the payment of support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  184. 4400.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An adult child must support a parent if the parent is in need and cannot self-support by work, to the extent the adult child is able, unless another law provides otherwise.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4400. Except as otherwise provided by law, an adult child shall, to the extent of the adult child’s ability, support a parent who is in need and unable to self-maintain by work. (Amended by Stats. 2019, Ch. 115, Sec. 54. (AB 1817) Effective January 1, 2020.)
  185. 4401.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An adult child’s promise to pay for necessaries previously provided to a parent covered by Section 4400 is binding.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4401. The promise of an adult child to pay for necessaries previously furnished to a parent described in Section 4400 is binding. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  186. 4402.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The duty of support under this part adds to, and does not replace, any other support duty.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4402. The duty of support under this part is cumulative and not in substitution for any other duty. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  187. 4403.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A parent, or the county for the parent, may sue the child to enforce support duties, and the county may also seek reimbursement and continuing support when it has furnished support to a parent.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4403. (a) Subject to subdivision (b): (1) A parent, or the county on behalf of the parent, may bring an action against the child to enforce the duty of support under this part. (2) If the county furnishes support to a parent, the county has the same right as the parent to whom the support was furnished to secure reimbursement and obtain continuing support. (b) The right of the county to proceed on behalf of the parent or to obtain reimbursement is subject to any limitation otherwise imposed by the law of this state. (c) The court may order the child to pay the county reasonable attorney’s fees and court costs in a proceeding by the county under this section. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  188. 4404.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When setting support, the court must consider each party’s earning capacity, needs, obligations, assets, age, health, standard of living, and other just and equitable factors.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4404. In determining the amount to be ordered for support, the court shall consider the following circumstances of each party: (a) Earning capacity and needs. (b) Obligations and assets. (c) Age and health. (d) Standard of living. (e) Other factors the court deems just and equitable. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  189. 4405.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may keep jurisdiction over a support order and may modify or end it when justice requires.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4405. The court retains jurisdiction to modify or terminate an order for support where justice requires. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  190. 4410.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relief from Duty to Support Parent Who Abandoned Child [4410 - 4414] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An adult child may ask the court to relieve them from the legal duty to support a parent, and the petition must be filed in the parent’s county of residence; if the parent lives outside the state, it must be filed where the adult child lives.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relief from Duty to Support Parent Who Abandoned Child [4410 - 4414] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4410. An adult child may file a petition in the county where a parent of the child resides requesting that the court make an order freeing the petitioner from the obligation otherwise imposed by law to support the parent. If the parent does not reside in this state, the petition shall be filed in the county where the adult child resides. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  191. 4411.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relief from Duty to Support Parent Who Abandoned Child [4410 - 4414] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must grant the requested Section 4410 order only if the petition and the court’s findings satisfy the listed abandonment conditions.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relief from Duty to Support Parent Who Abandoned Child [4410 - 4414] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4411. The court shall make the order requested pursuant to Section 4410 only if the petition alleges and the court finds all of the following: (a) The child was abandoned by the parent when the child was a minor. (b) The abandonment continued for a period of two or more years before the time the child attained the age of 18 years. (c) During the period of abandonment the parent was physically and mentally able to provide support for the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  192. 4412.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relief from Duty to Support Parent Who Abandoned Child [4410 - 4414] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When a petition is filed under this chapter, the clerk must set a hearing and issue a citation with the hearing time and place.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relief from Duty to Support Parent Who Abandoned Child [4410 - 4414] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4412. On the filing of a petition under this chapter, the clerk shall set the matter for hearing by the court and shall issue a citation, stating the time and place of the hearing, directed to the parent and to the parent’s conservator, if any, or, if the parent is deceased, the personal representative of the parent’s estate. At least five days before the date of the hearing, the citation and a copy of the petition shall be personally served on each person to whom it is directed, in the same manner as provided by law for the service of summons. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  193. 4413.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relief from Duty to Support Parent Who Abandoned Child [4410 - 4414] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the parent lives in this state, the court cannot make an order under this chapter until 30 days after notice is served.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relief from Duty to Support Parent Who Abandoned Child [4410 - 4414] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4413. If the parent is a resident of this state, the court does not have jurisdiction to make an order under this chapter until 30 days after the county counsel, or the district attorney in a county not having a county counsel, of the county in which the parent resides has been served with notice of the pendency of the proceeding. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  194. 4414.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relief from Duty to Support Parent Who Abandoned Child [4410 - 4414] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the court finds Section 4411’s requirements are met, it must issue an order relieving the petitioner from the legal duty to support the parent.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Relief from Duty to Support Parent Who Abandoned Child [4410 - 4414] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4414. (a) If, upon hearing, the court determines that the requirements of Section 4411 are satisfied, the court shall make an order that the petitioner is relieved from the obligation otherwise imposed by law to support the parent. (b) An order under this section also releases the petitioner with respect to any state law under which a child is required to do any of the following: (1) Pay for the support, care, maintenance, and the like of a parent. (2) Reimburse the state or a local public agency for furnishing the support, care, maintenance, or the like of a parent. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  195. 4500.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4500 - 4508] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Support orders for child, family, or spousal support are enforceable in this state under this code, even if they were not made under this code.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4500 - 4508] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4500. An order for child, family, or spousal support that is made, entered, or enforceable in this state is enforceable under this code, whether or not the order was made or entered pursuant to this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  196. 4501.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4500 - 4508] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A family support order can be enforced the same way and to the same extent as a child support order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4500 - 4508] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4501. A family support order is enforceable in the same manner and to the same extent as a child support order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  197. 4502.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4500 - 4508] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says that enforcement timing and renewal procedures for support judgments or orders are governed by Section 291.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4500 - 4508] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4502. The period for enforcement and procedure for renewal of a judgment or order for child, family, or spousal support is governed by Section 291. (Repealed and added by Stats. 2006, Ch. 86, Sec. 6. Effective January 1, 2007.)
  198. 4503.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4500 - 4508] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A parent may bring an arrearage-collection action for child support payments within the normal enforcement period, even after the child turns 18.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4500 - 4508] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4503. If a parent has been ordered to make payments for the support of a minor child, an action to recover an arrearage in those payments may be maintained at any time within the period otherwise specified for the enforcement of such a judgment, notwithstanding the fact that the child has attained the age of 18 years. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  199. 4504.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4500 - 4508] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section requires the custodial parent or other child support obligee to contact the appropriate federal agency within 30 days after notice, and to apply and cooperate if the child may be eligible for certain federal benefits. It also requires the noncustodial parent to cooperate and provide needed information, and it gives a credit against support when the child support obligee refuses to apply or cooperate.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4500 - 4508] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4504. (a) If the noncustodial parent is receiving payments from the federal government pursuant to the Social Security Act or Railroad Retirement Act, or from the Department of Veterans Affairs because of the retirement or disability of the noncustodial parent and the noncustodial parent notifies the custodial person, or notifies the local child support agency in a case being enforced by the local child support agency pursuant to Title IV-D of the Social Security Act, then the custodial parent or other child support obligee shall contact the appropriate federal agency within 30 days of receiving notification that the noncustodial parent is receiving those payments to verify eligibility for each child to receive payments from the federal government because of the disability of the noncustodial parent. If the child is potentially eligible for those payments, the custodial parent or other child support obligee shall apply for and cooperate with the appropriate federal agency for the receipt of those benefits on behalf of each child. The noncustodial parent shall cooperate with the custodial parent or other child support obligee in making that application and shall provide any information necessary to complete the application. (b) If the court has ordered a noncustodial parent to pay for the support of a child, payments for the support of the child made by the federal government pursuant to the Social Security Act or Railroad Retirement Act, or by the Department of Veterans Affairs because of the retirement or disability of the noncustodial parent and received by the custodial parent or other child support obligee shall be credited toward the amount ordered by the court to be paid by the noncustodial parent for support of the child unless the payments made by the federal government were taken into consideration by the court in determining the amount of support to be paid. Any payments shall be credited in the order set forth in Section 695.221 of the Code of Civil Procedure. (c) If the custodial parent or other child support obligee refuses to apply for those benefits or fails to cooperate with the appropriate federal agency in completing the application but the child or children otherwise are eligible to receive those benefits, the noncustodial parent shall be credited toward the amount ordered by the court to be paid for that month by the noncustodial parent for support of the child or children in the amount of payment that the child or children would have received that month had the custodial parent or other child support obligee completed an application for the benefits if the noncustodial parent provides evidence to the local child support agency indicating the amount the child or children would have received. The credit for those payments shall continue until the child or children would no longer be eligible for those benefits or the order for child support for the child or children is no longer in effect, whichever occurs first. (Amended by Stats. 2004, Ch. 305, Sec. 4. Effective January 1, 2005.)
  200. 4505.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4500 - 4508] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may require an unemployed parent who says a support-order default is due to unemployment to submit a list of at least five places they applied for work.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [4500 - 4508] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4505. (a) A court may require a parent who alleges that the parent’s default in a child or family support order is due to the parent’s unemployment to submit to the appropriate child support enforcement agency or any other entity designated by the court, including, but not limited to, the court itself, each two weeks, or at a frequency deemed appropriate by the court, a list of at least five different places the parent has applied for employment. (b) This section shall become operative on January 1, 2011. (Repealed (in Sec. 1) and added by Stats. 2007, Ch. 249, Sec. 2. Effective January 1, 2008. Section operative January 1, 2011, by its own provisions.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.