Family Code — Part 5 | FAM — United States — California law | Esheria

Family Code

Part 5 of 9 · provisions 801–1,000

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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.

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Provisions of Family Code

Showing 200 of 1,607

  1. 4506.

    ## 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. )

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    Support judgment abstracts must be certified by the court clerk and include specific information; the Judicial Council may create a form, and certain Title IV-D agencies may record a notice of support judgment.

    ## 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. ) ## 4506. (a) An abstract of a judgment ordering a party to pay spousal, child, or family support to the other party shall be certified by the clerk of the court where the judgment was entered and shall contain all of the following: (1) The title of the court where the judgment is entered and the cause and number of the proceeding. (2) The date of entry of the judgment and of any renewal of the judgment. (3) Where the judgment and any renewals are entered in the records of the court. (4) The name and last known address of the party ordered to pay support. (5) The name and address of the party to whom support payments are ordered to be paid. (6) Only the last four digits of the social security number, birth date, and driver’s license number of the party who is ordered to pay support. If any of those numbers are not known to the party to whom support payments are to be paid, that fact shall be indicated on the abstract of the court judgment. This paragraph shall not apply to documents created prior to January 1, 2010. (7) Whether a stay of enforcement has been ordered by the court and, if so, the date the stay ends. (8) The date of issuance of the abstract. (9) Any other information deemed reasonable and appropriate by the Judicial Council. (b) The Judicial Council may develop a form for an abstract of a judgment ordering a party to pay child, family, or spousal support to another party which contains the information required by subdivision (a). (c) Notwithstanding any other provision of law, when a support obligation is being enforced pursuant to Title IV-D of the Social Security Act, the agency enforcing the obligation may record a notice of support judgment. The notice of support judgment shall contain the same information as the form adopted by the Judicial Council pursuant to subdivision (b) and Section 4506.1. The notice of support judgment shall have the same force and effect as an abstract of judgment certified by the clerk of the court where the judgment was entered. The local child support agency or other Title IV-D agency shall not be subject to any civil liability as a consequence of causing a notice of support judgment to be recorded. (d) As used in this section, “judgment” includes an order for child, family, or spousal support. (Amended by Stats. 2009, Ch. 552, Sec. 3. (SB 40) Effective January 1, 2010.)
  2. 4506.1.

    ## 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. )

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    When a support obligation is being enforced under Title IV-D, the enforcing agency may file and record an abstract of support judgment and use the agency’s office address instead of the support payee’s address.

    ## 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. ) ## 4506.1. Notwithstanding any other provision of law, when a support obligation is being enforced pursuant to Title IV-D of the Social Security Act, the agency enforcing the obligation may file and record an abstract of support judgment as authorized by Section 4506 and substitute the office address of the agency designated to receive support payments for the address of the party to whom support was ordered to be paid. (Added by Stats. 1994, Ch. 1269, Sec. 48. Effective January 1, 1995.)
  3. 4506.2.

    ## 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. )

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    A Title IV-D support-enforcement agency may file and record a substitution of payee when the stated conditions are met, and it does not need prior court approval or a clerk’s certification to do so.

    ## 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. ) ## 4506.2. (a) Notwithstanding any other provision of law, when a support obligation is being enforced pursuant to Title IV-D of the Social Security Act, the agency enforcing the obligation may file and record a substitution of payee, if a judgment or abstract of judgment has previously been recorded pursuant to Section 697.320 of the Code of Civil Procedure by the support obligee or by a different governmental agency. (b) Notwithstanding any other provision of law, when the Title IV-D agency ceases enforcement of a support obligation at the request of the support obligee, the agency may file and record a substitution of payee, if a judgment or abstract of judgment has been previously recorded pursuant to Section 697.320 of the Code of Civil Procedure. (c) The substitution of payee shall contain all of the following: (1) The name and address of the governmental agency or substituted payee filing the substitution and a notice that the substituted payee is to be contacted when notice to a lienholder may or must be given. (2) The title of the court, the cause, and number of the proceeding where the substituted payee has registered the judgment. (3) The name and last known address of the party ordered to pay support. (4) The recorder identification number or book and page of the recorded document to which the substitution of payee applies. (5) Any other information deemed reasonable and appropriate by the Judicial Council. (d) The recorded substitution of payee shall not affect the priorities created by earlier recordations of support judgments or abstracts of support judgments. (e) An agency enforcing the support obligation pursuant to Title IV-D of the Social Security Act is not required to obtain prior court approval or a clerk’s certification when filing and recording a substitution of payee under this section. (Amended by Stats. 1997, Ch. 599, Sec. 17. Effective January 1, 1998.)
  4. 4506.3.

    ## 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. )

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    The Judicial Council must develop a single form for support-related notices and make it available by July 1, 1998.

    ## 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. ) ## 4506.3. The Judicial Council, in consultation with the California Family Support Council, the Department of Child Support Services, and title insurance industry representatives, shall develop a single form, which conforms with the requirements of Section 27361.6 of the Government Code, for the substitution of payee, for notice directing payment of support to the local child support agency pursuant to Section 4204, and for notice that support has been assigned pursuant to Section 11477 of the Welfare and Institutions Code. The form shall be available no later than July 1, 1998. (Amended by Stats. 2000, Ch. 808, Sec. 46. Effective September 28, 2000.)
  5. 4507.

    ## 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. )

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    If a court orders child support or family support, it may also order the person to make payment under Government Code Section 1151.5.

    ## 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. ) ## 4507. When a court orders a person to make payment for child support or family support, the court may order that individual to make that payment as provided in Section 1151.5 of the Government Code. (Added by Stats. 1993, Ch. 176, Sec. 1. Effective January 1, 1994.)
  6. 4508.

    ## 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. )

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    A court order for child support may require payment through a designated account and electronic transfer, unless the obligor is already subject to an earnings assignment 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. ) ## 4508. (a) This section does not apply to any child support obligor who is subject to an earnings assignment order pursuant to Chapter 8 (commencing with Section 5200). (b) Except as provided in subdivision (a), every order or judgment to pay child support may require a child support obligor to designate an account for the purpose of paying the child support obligation by electronic funds transfer, as defined in subdivision (a) of Section 6479.5 of the Revenue and Taxation Code. The order or judgment may require the obligor to deposit funds in an interest-bearing account with a state or federally chartered commercial bank, a savings and loan association, or in shares of a federally insured credit union doing business in this state, and shall require the obligor to maintain funds in the account sufficient to pay the monthly child support obligation. The court may order that each payment be electronically transferred to either the obligee’s account or the local child support agency account. The obligor shall be required to notify the obligee if the depository institution or the account number is changed. No interest shall accrue on any amount subject to electronic funds transfer as long as funds are maintained in the account that are sufficient to pay the monthly child support obligation. (Amended by Stats. 2001, Ch. 755, Sec. 4. Effective October 12, 2001.)
  7. 4550.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4550 - 4554] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “child support obligee” for this chapter.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4550 - 4554] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4550. “Child support obligee” as used in this chapter means either the parent, guardian, or other person to whom child support has been ordered to be paid or the local child support agency designated by the court to receive the payment. The local child support agency is the “child support obligee” for the purposes of this chapter for all cases in which an application for services has been filed under Part D of Title IV of the Social Security Act (42 U.S.C. Sec. 651 et seq.). (Amended by Stats. 2001, Ch. 755, Sec. 5. Effective October 12, 2001.)
  8. 4551.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4550 - 4554] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section limits when the chapter on deposits to secure future child support payments applies.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4550 - 4554] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4551. Except as provided in this section, this chapter: (a) Does not apply to a temporary child support order. (b) Applies to an application for modification of child support filed on or after January 1, 1992, but this chapter does not constitute the basis for the modification. (c) Applies to an application for modification of child support in a case where the child support obligee has previously waived the establishment of a child support trust account pursuant to subdivision (b) of Section 4560 and now seeks the establishment of the child support trust account. (d) Applies to an order or judgment entered by the court on or after January 1, 1993, ordering a child support obligor to pay a then existing child support arrearage that the child support obligor has unlawfully failed to pay as of the date of that order or judgment, including the arrearages which were incurred before January 1, 1992. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  9. 4552.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4550 - 4554] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The Judicial Council must issue needed court rules and related forms to carry out this chapter.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4550 - 4554] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4552. The Judicial Council shall promulgate such rules of court and publish such related judicial forms as the Judicial Council determines are necessary and appropriate to implement this chapter. In taking these steps, the Judicial Council shall ensure the uniform statewide application of this chapter and compliance with Part D of Title IV of the Social Security Act (42 U.S.C. Sec. 651 et seq.) and any regulations promulgated thereunder. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  10. 4553.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4550 - 4554] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says the chapter cannot be read to allow the state or its political subdivisions to do anything that would put the state out of compliance with federal law.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4550 - 4554] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4553. Nothing in this chapter shall be construed to permit any action or omission by the state or any of its political subdivisions that would place the state in noncompliance with any requirement of federal law, including, but not limited to, the state reimbursement requirements of Part D of Title IV of the Social Security Act (42 U.S.C. Sec. 651 et seq.) and any regulations promulgated thereunder. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  11. 4554.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4550 - 4554] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This chapter applies even if another law would otherwise conflict.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4550 - 4554] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4554. This chapter applies notwithstanding any other law. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  12. 4560.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Money [4560 - 4563] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A court may require a child support obligor to pay a security deposit and may order a child support trust account unless the obligee waives it.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Money [4560 - 4563] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4560. (a) Except as provided in subdivision (b) or in Article 3 (commencing with Section 4565), every order or judgment to pay child support may also require the payment by the child support obligor of up to one year’s child support or such lesser amount as is equal to the child support amount due to be paid by the child support obligor between the time of the date of the order and the date when the support obligation will be terminated by operation of law. This amount shall be known as the “child support security deposit.” (b) Unless expressly waived by the child support obligee, the court may order the establishment of a child support trust account pursuant to this chapter in every proceeding in which a child support obligation is imposed by order of the court. Among other reasons, the court may decline to establish a child support trust account upon its finding that an adequately funded child support trust account already exists pursuant to this chapter for the benefit of the child or children involved in the proceeding or that the child support obligor has provided adequate alternative security which is equivalent to the child support security deposit otherwise required by this chapter. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  13. 4561.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Money [4560 - 4563] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If a child support security deposit is ordered, the court must require the obligor to deposit the money in a qualifying interest-bearing account, and withdrawals need court authorization.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Money [4560 - 4563] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4561. If a child support security deposit is ordered, the court shall order that the moneys be deposited by the child support obligor in an interest-bearing account with a state or federally chartered commercial bank, a trust company authorized to transact trust business in this state, or a savings and loan association, or in shares of a federally insured credit union doing business in this state and having a trust department, subject to withdrawal only upon authorization of the court. The moneys so deposited shall be used exclusively to guarantee the monthly payment of child support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  14. 4562.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Money [4560 - 4563] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court must order the child support obligor to provide evidence of the deposit in the form the court specifies.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Money [4560 - 4563] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4562. The court shall also order that evidence of the deposit shall be provided by the child support obligor in the form specified by the court, which shall be served upon the child support obligee and filed with the court within a reasonable time specified by the court, not to exceed 30 days. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  15. 4563.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Money [4560 - 4563] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    When the child support obligation has been fully paid and has ended, the account must be dissolved and any remaining funds, including interest, must be returned to the support obligor.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Money [4560 - 4563] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4563. An account established pursuant to this chapter shall be dissolved and any remaining funds in the account shall be returned to the support obligor, with any interest earned thereon, upon the full payment and cessation of the child support obligation as provided by court order or operation of law. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  16. 4565.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Application to Reduce or Eliminate Deposit [4565 - 4567] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Before a child support order is entered, the court must let the child support obligor seek a reduction or elimination of the support security deposit if either listed ground is shown.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Application to Reduce or Eliminate Deposit [4565 - 4567] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4565. (a) Before entry of a child support order pursuant to Section 4560, the court shall give the child support obligor reasonable notice and opportunity to file an application to reduce or eliminate the child support security deposit on either of the following grounds: (1) The obligor has provided adequate alternative equivalent security to assure timely payment of the amount required by Section 4560. (2) The obligor is unable, without undue financial hardship, to pay the support deposit required by Section 4560. (b) The application shall be supported by all reasonable and necessary financial and other information required by the court to establish the existence of either ground for relief. (c) After the filing of an application, the child support obligor shall also serve the application and supporting financial and other information submitted pursuant to subdivision (b) upon the child support obligee and any other party to the proceeding. (Amended by Stats. 2007, Ch. 441, Sec. 1. Effective January 1, 2008.)
  17. 4566.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Application to Reduce or Eliminate Deposit [4565 - 4567] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When an application under Section 4565 is filed and served, the court must give notice and a chance for opposing parties to submit responsive financial and other information.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Application to Reduce or Eliminate Deposit [4565 - 4567] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4566. Upon the filing of an application under Section 4565 with the court and the service of the application upon the child support obligee and any other party to the proceedings, the court shall provide notice and opportunity for any party opposing the application to file responsive financial and other information setting forth the factual and legal bases for the party’s opposition. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  18. 4567.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Application to Reduce or Eliminate Deposit [4565 - 4567] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must hold a hearing and then issue an order that maximizes the required deposit or equivalent security, while avoiding undue financial hardship on the support obligor.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Application to Reduce or Eliminate Deposit [4565 - 4567] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4567. The court shall then provide an opportunity for hearing, and shall thereafter enter its order exercising its discretion under all the facts and circumstances as disclosed in the admissible evidence before it so as to maximize the payment and deposit of the amount required by Section 4560, or an equivalent adequate security for the payment thereof, without imposition of undue financial hardship on the support obligor. If the court finds that the deposit of the amount required by Section 4560 would impose an undue financial hardship upon the child support obligor, the court shall reduce this amount to an amount that the child support obligor can pay as the child support security deposit without undue financial hardship. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  19. 4570.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use of Deposit to Make Delinquent Support Payment [4570 - 4573] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If child support is 10 or more days late, the court must immediately release funds from the deposit account to cover the arrears, and the released money must be used only for the child’s support, maintenance, and education.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use of Deposit to Make Delinquent Support Payment [4570 - 4573] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4570. (a) Upon the application of the child support obligee stating that the support payment is 10 or more days late, the court shall immediately order disbursement of funds from the account established pursuant to this chapter solely for the purpose of providing the amount of child support then in arrears. (b) Funds so disbursed shall be used exclusively for the support, maintenance, and education of the child or children subject to the child support order. (c) The court shall also order the account to be replenished by the child support obligor in the same amounts as are expended from the account to pay the amount of child support which the child support obligor has failed to pay the child support obligee in a timely manner. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  20. 4571.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use of Deposit to Make Delinquent Support Payment [4570 - 4573] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must serve the child support obligor with the application and the order to disburse and replenish funds, and failure to comply with the order can lead to contempt of court.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use of Deposit to Make Delinquent Support Payment [4570 - 4573] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4571. The court shall cause a copy of the application, as well as its order to disburse and replenish funds, to be served upon the child support obligor, who shall be subject to contempt of court for failure to comply with the order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  21. 4572.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use of Deposit to Make Delinquent Support Payment [4570 - 4573] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must serve a copy of its order to disburse and replenish funds on the depository institution holding the child support security deposit and on the child support agency with jurisdiction over the case.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use of Deposit to Make Delinquent Support Payment [4570 - 4573] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4572. The court shall cause a copy of its order to disburse and replenish funds to be served upon the depository institution where the child support security deposit is maintained, and upon the child support agency with jurisdiction over the case. (Amended by Stats. 2001, Ch. 755, Sec. 6. Effective October 12, 2001.)
  22. 4573.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use of Deposit to Make Delinquent Support Payment [4570 - 4573] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If support is paid through the local child support agency for a child not receiving public assistance, the agency must forward the support to the custodial parent or other caregiver.

    ## 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 2. Deposit of Money to Secure Future Child Support Payments [4550 - 4573] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use of Deposit to Make Delinquent Support Payment [4570 - 4573] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4573. If support is ordered to be paid through the local child support agency on behalf of a child 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 local child support agency shall forward the support received pursuant to this chapter to the custodial parent or other person having care or control of the child or children involved. (Amended by Stats. 2000, Ch. 808, Sec. 47. Effective September 28, 2000.)
  23. 4600.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4600 - 4604] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This chapter is intended to provide an extraordinary remedy for cases where child support obligations are not paid in bad faith.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4600 - 4604] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4600. The purpose of this chapter is to provide an extraordinary remedy for cases of bad faith failure to pay child support obligations. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  24. 4601.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4600 - 4604] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “deposit holder” as the district attorney, county officer, or court-designated trustee who receives assets deposited to secure future child support payments.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4600 - 4604] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4601. “Deposit holder” as used in this chapter means the district attorney, county officer, or trustee designated by the court to receive assets deposited pursuant to this chapter to secure future support payments. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  25. 4602.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4600 - 4604] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If an obligor-parent asks, the deposit holder must prepare a statement of disbursements and receipts under this chapter.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4600 - 4604] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4602. If requested by an obligor-parent, the deposit holder shall prepare a statement setting forth disbursements and receipts made under this chapter. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  26. 4603.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4600 - 4604] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A deposit holder is not liable for actions taken in good faith and in compliance with this chapter.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4600 - 4604] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4603. The deposit holder who is responsible for any money or property and for any disbursements under this chapter is not liable for any action undertaken in good faith and in conformance with this chapter. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  27. 4604.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4600 - 4604] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If certain deposit-holder fees or costs are not already covered, the court must order the obligor-parent to pay reasonable fees and costs, after a hearing held at least 20 days after service.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [4600 - 4604] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4604. (a) If the deposit holder incurs fees or costs under this chapter which are not compensated by the deduction under subdivision (c) of Section 4630 (including, but not limited to, fees or costs incurred in a sale of assets pursuant to this chapter and in the preparation of a statement pursuant to Section 4602), the court shall, after a hearing, order the obligor-parent to pay the reasonable fees and costs incurred by the deposit holder. The hearing shall be held not less than 20 days after the deposit holder serves notice of motion or order to show cause upon the obligor-parent. (b) Fees and costs ordered to be paid under this section shall be in addition to any deposit made under this chapter but shall not exceed whichever of the following is less: (1) Five percent of one year’s child support obligation. (2) The total amount ordered deposited under Section 4614. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  28. 4610.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a parent is 60 days behind on child support, the court must order that parent to deposit assets to secure future support payments, subject to other sections. The court may also issue an ex parte restraining order on request.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4610. (a) Subject to Sections 4613, 4614, and 4615, in any proceeding where the court has ordered either or both parents to pay any amount for the support of a child for whom support may be ordered, upon an order to show cause or notice of motion, application, and declaration signed under penalty of perjury by the person or county officer to whom support has been ordered to have been paid stating that the parent or parents so ordered is in arrears in payment in a sum equal to the amount of 60 days of payments, the court shall issue to the parent or parents ordered to pay support, following notice and opportunity for a hearing, an order requiring that the parent or parents deposit assets to secure future support payments with the deposit holder designated by the court. (b) In a proceeding under this article, upon request of any party, the court may also issue an ex parte restraining order as specified in Section 4620. (Amended by Stats. 1993, Ch. 219, Sec. 145. Effective January 1, 1994.)
  29. 4611.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In a proceeding under this chapter, an obligor-parent must rebut presumptions that child support nonpayment was willful and that the obligor could pay the support.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4611. In a proceeding under this chapter, an obligor-parent shall rebut both of the following presumptions: (a) The nonpayment of child support was willful, without good faith. (b) The obligor had the ability to pay the support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  30. 4612.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An obligor-parent alleged to be in arrears may raise listed grounds as a defense or to seek an order stopping a sale or use of assets.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4612. An obligor-parent alleged to be in arrears may use any of the following grounds as a defense to the motion filed pursuant to this article or as a basis for filing a motion to stop a sale or use of assets under Section 4631: (a) Child support payments are not in arrears. (b) Laches. (c) There has been a change in the custody of the children. (d) There is a pending motion for reduction in support due to a reduction in income. (e) Illness or disability. (f) Unemployment. (g) Serious adverse impact on the immediate family of the obligor-parent residing with the obligor-parent that outweighs the impact of denial of the motion or stopping the sale on obligee. (h) Serious impairment of the ability of the obligor-parent to generate income. (i) Other emergency conditions. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  31. 4613.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may not issue an order under this article unless at least one listed condition is found.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4613. The court shall not issue an order pursuant to this article unless the court determines that one or more of the following conditions exist: (a) The obligor-parent is not receiving salary or wages subject to an assignment pursuant to Chapter 8 (commencing with Section 5200) and there is reason to believe that the obligor-parent has earned income from some source of employment. (b) An assignment of a portion of salary or wages pursuant to Chapter 8 (commencing with Section 5200) would not be sufficient to meet the amount of the support obligation, for reasons other than a change of circumstances which would qualify for a reduction in the amount of child support ordered. (c) The job history of the obligor-parent shows that an assignment of a portion of salary or wages pursuant to Chapter 8 (commencing with Section 5200), would be difficult to enforce or would not be a practical means for securing the payment of the support obligation, due to circumstances including, but not limited to, multiple concurrent or consecutive employers. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  32. 4614.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Courts must base asset designation for this type of support order on maximizing liquidity and ready cash conversion, and the assets must include either money or other court-designated assets up to the lesser of one year of support or $6,000.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4614. The designation of assets subject to an order pursuant to this article shall be based upon concern for maximizing the liquidity and ready conversion into cash of the deposited asset. In all instances, the assets shall include a sum of money up to or equal in value to one year of support payments or six thousand dollars ($6,000) whichever is less, or any other assets, personal or real, designated by the court which equal in value up to one year of payments for support of the child, or six thousand dollars ($6,000), whichever is less, subject to Section 703.070 of the Code of Civil Procedure. (Amended by Stats. 1993, Ch. 219, Sec. 146. Effective January 1, 1994.)
  33. 4615.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An obligor-parent may use a performance bond instead of depositing cash or other assets, but only if the court approves.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4615. In lieu of depositing cash or other assets as provided in Section 4614, the obligor-parent may, if approved by the court, provide a performance bond secured by real property or other assets of the obligor-parent and equal in value to one year of payments. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  34. 4616.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    After a hearing, the court may order a non-cash asset sold and require the proceeds to be deposited with the deposit holder. The obligor-parent must receive at least 20 days’ written notice of the hearing.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4616. Upon deposit of an asset which is not readily convertible into money, the court may, after a hearing, order the sale of that asset and the deposit of the proceeds with the deposit holder. Not less than 20 days written notice of the hearing shall be served on the obligor-parent. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  35. 4617.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If deposited property is real property, the order must be certified as an abstract of judgment, and the deposit becomes effective when the certified abstract is recorded with the county recorder.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Order for Deposit of Assets [4610 - 4617] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4617. (a) If the asset ordered to be deposited is real property, the order shall be certified as an abstract of judgment in accordance with Section 674 of the Code of Civil Procedure. (b) A deposit of real property is made effective by recordation of the certified abstract with the county recorder. (c) The deposited real property and the rights, benefits, and liabilities attached to that property shall continue in the possession of the legal owner. (d) For purposes of Section 701.545 of the Code of Civil Procedure, the date of the issuance of the order to deposit assets shall be construed as the date notice of levy on an interest in real property was served on the judgment debtor. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  36. 4620.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Ex Parte Restraining Orders [4620- 4620.] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may issue ex parte orders to stop people from moving or hiding property during a support-enforcement proceeding, with exceptions for ordinary business and necessities of life.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Ex Parte Restraining Orders [4620- 4620.] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4620. (a) During the pendency of a proceeding under this chapter, upon the application of either party in the manner provided by Part 4 (commencing with Section 240) of Division 2, the court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, except in the usual course of business or for the necessities of life, and if the order is directed against a party, requiring the party to notify the other party of any proposed extraordinary expenditures and to account to the court for all such extraordinary expenditures. (b) The matter shall be made returnable not later than 20 days, or if good cause appears to the court, 25 days from the date of the order at which time the ex parte order shall expire. (c) The court, at the hearing, shall determine for which property the obligor-parent shall be required to report extraordinary expenditures and shall specify what is deemed an extraordinary expenditure for purposes of this subdivision. (d) An order issued pursuant to this section after the hearing shall state on its face the date of expiration of the order, which shall expire in one year or upon deposit of assets or money pursuant to Article 2 (commencing with Section 4610), whichever first occurs. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  37. 4630.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use or Sale of Assets to Make Support Payments [4630 - 4632] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a child support obligor is in default and arrears continue, the deposit holder must wait at least 25 days after written notice before using, selling, or otherwise processing deposited assets, unless a motion or order to show cause stops it.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use or Sale of Assets to Make Support Payments [4630 - 4632] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4630. (a) Upon an obligor-parent’s failure, within the time specified by the court, to make reasonable efforts to cure the default in child support payments or to comply with a court-approved payment plan, if payments continue in arrears, the deposit holder shall, not less than 25 days after providing the obligor-parent or parents with a written notice served personally or with return receipt requested, unless a motion or order to show cause has been filed to stop the use or sale, use the money or sell or otherwise process the deposited assets for an amount sufficient to pay the arrearage and the amount ordered by the court for the support currently due for the child for whom support may be ordered. (b) Assets deposited pursuant to an order issued under Article 2 (commencing with Section 4610) shall be construed as being assets subject to levy pursuant to Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. The sale of assets shall be conducted in accordance with Article 6 (commencing with Section 701.510) and Article 7 (commencing with Section 701.810) of Chapter 3 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. (c) The deposit holder may deduct from the deposited money the sum of one dollar ($1) for each payment made pursuant to this section. (Amended by Stats. 1993, Ch. 219, Sec. 147. Effective January 1, 1994.)
  38. 4631.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use or Sale of Assets to Make Support Payments [4630 - 4632] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An obligor-parent may file a motion to stop use or sale of the money or asset within 15 days after notice, and the court clerk must set a hearing at least 20 days after service of the motion papers.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use or Sale of Assets to Make Support Payments [4630 - 4632] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4631. (a) An obligor-parent may file a motion to stop the use of the money or the sale of the asset under this article within 15 days after service of notice on the obligor-parent pursuant to Section 4630. (b) The clerk of the court shall set the motion for hearing not less than 20 days after service of the notice of motion and the motion on the person or county officer to whom support has been ordered to have been paid. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  39. 4632.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use or Sale of Assets to Make Support Payments [4630 - 4632] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An obligor-parent alleged to be in arrears may use grounds from Section 4612 to file a motion under Section 4631 to stop a sale or use of assets.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Use or Sale of Assets to Make Support Payments [4630 - 4632] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4632. An obligor-parent alleged to be in arrears under this article may use any ground set forth in Section 4612 as a basis for filing a motion under Section 4631 to stop a sale or use of assets under this article. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  40. 4640.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Return of Assets of Obligor [4640 - 4641] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The deposit holder must return court-ordered assets to the obligor-parent after one year and only if all support payments were made on time during that year.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Return of Assets of Obligor [4640 - 4641] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4640. The deposit holder shall return all assets subject to court order under Article 2 (commencing with Section 4610) to the obligor-parent when both of the following occur: (a) One year has elapsed since the court issued the order described under Article 2 (commencing with Section 4610). (b) The obligor-parent has made all support payments on time during that one-year period. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  41. 4641.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Return of Assets of Obligor [4640 - 4641] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the deposited asset is real property and Section 4640 is satisfied, the deposit holder must prepare a release, ask the court clerk to certify it, and record the certified release with the county recorder.

    ## 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 3. Deposit of Assets to Secure Future Child Support Payments [4600 - 4641] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Return of Assets of Obligor [4640 - 4641] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4641. If the deposited asset is real property and the requirements of Section 4640 have been satisfied, the deposit holder shall do all of the following: (a) Prepare a release in accordance with Section 697.370 of the Code of Civil Procedure. (b) Request the clerk of the court where the order to deposit assets was made to certify the release. (c) Record the certified release in the office of the county recorder where the certified abstract was recorded under Section 4617. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  42. 4700.

    ## 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 4. Child Support Delinquency Reporting [4700 - 4701] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This chapter may be cited as the Child Support Delinquency Reporting Law.

    ## 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 4. Child Support Delinquency Reporting [4700 - 4701] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4700. This chapter may be cited as the Child Support Delinquency Reporting Law. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  43. 4701.

    ## 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 4. Child Support Delinquency Reporting [4700 - 4701] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The department must run a statewide system for reporting court-ordered child support obligations to credit reporting agencies, and local child support agencies must update and submit information on a monthly basis.

    ## 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 4. Child Support Delinquency Reporting [4700 - 4701] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4701. (a) The Department of Child Support Services shall administer a statewide automated system for the reporting of court-ordered child support obligations to credit reporting agencies. (b) The department shall design and develop standards for the system in conjunction with representatives of the California Family Support Council and the credit reporting industry. (c) The standards for the system shall be consistent with credit reporting industry standards and reporting format and with the department’s statewide central automated system for support enforcement. (d) The standards shall include, but not be limited to, all of the following: (1) Court-ordered child support obligations and delinquent payments, including amounts owed and by whom. The California local child support agencies, on a monthly basis, shall update this information, and then submit it to the department which, in turn, shall consolidate and transmit it to the credit reporting agencies. (2) Before the initial reporting of a court-ordered child support obligation or a delinquent payment, the local child support agency shall attempt to notify the obligor parent of the proposed action and give 30 days to contest in writing the accuracy of the information, or to pay the arrearage, if any, in compliance with the due process requirements of the laws of this state. (e) The department and the local child support agencies are responsible for the accuracy of information provided pursuant to this section, and the information shall be based upon the data available at the time the information is provided. Each of these organizations and the credit reporting agencies shall follow reasonable procedures to ensure maximum possible accuracy of the information provided. Neither the department, nor the local child support agencies are liable for any consequences of the failure of a parent to contest the accuracy of the information within the time allowed under paragraph (2) of subdivision (d). (Amended by Stats. 2000, Ch. 808, Sec. 48. Effective September 28, 2000.)
  44. 4720.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    For this chapter, “support” means support as defined in Section 150.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4720. “Support” for the purposes of this chapter means support as defined in Section 150. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  45. 4721.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This chapter applies only to child support installments due on or after January 1, 1992, and wage assignment payments count as timely even if received later by the agency or obligee.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4721. (a) This chapter applies only to installments of child support that are due on or after January 1, 1992. (b) It is the intent of the Legislature that the penalties provided under this chapter shall be applied in egregious instances of noncompliance with child support orders. (c) It is the intent of the Legislature that for the purposes of this chapter, payments made through wage assignments are considered timely regardless of the date of receipt by the local child support agency or obligee. (Amended by Stats. 2000, Ch. 808, Sec. 49. Effective September 28, 2000.)
  46. 4722.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A person with a child support court order that is more than 30 days overdue may file and serve a notice of delinquency. If the listed support remains unpaid more than 30 days after that notice is filed and served, a monthly penalty applies, subject to stated exceptions.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4722. (a) Any person with a court order for child support, the payments on which are more than 30 days in arrears, may file and then serve a notice of delinquency, as described in this chapter. (b) Except as provided in Section 4726, and subject to Section 4727, any amount of child support specified in a notice of delinquency that remains unpaid for more than 30 days after the notice of delinquency has been filed and served shall incur a penalty of 6 percent of the delinquent payment for each month that it remains unpaid, up to a maximum of 72 percent of the unpaid balance due. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  47. 4723.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A notice of delinquency for child support must be signed by the support obligee and must list the arrears, amounts due and paid, balances, and the penalty that applies to unpaid support, with some contact information required unless a protective order or other excuse applies.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4723. (a) The notice of delinquency shall be signed under penalty of perjury by the support obligee. (b) The notice of delinquency shall state all of the following: (1) The amount that the child support obligor is in arrears. (2) The installments of support due, the amounts, if any, that have been paid, and the balance due. (3) That any unpaid installment of child support will incur a penalty of 6 percent of the unpaid support per month until paid, to a maximum of 72 percent of the original amount of the unpaid support, unless the support arrearage is paid within 30 days of the date of service of the notice of delinquency. (c) In the absence of a protective order prohibiting the support obligor from knowing the whereabouts of the child or children for whom support is payable, or otherwise excusing the requirements of this subdivision, the notice of delinquency shall also include a current address and telephone number of all of the children for whom support is due and, if different from that of the support obligee, the address at which court papers may be served upon the support obligee. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  48. 4724.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A notice of delinquency may be served personally, by certified mail, or by any other method allowed for serving a summons.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4724. The notice of delinquency may be served personally or by certified mail or in any manner provided for service of summons. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  49. 4725.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If child support or related amounts are unpaid for more than 30 days after a notice of delinquency is served, the support obligee may seek a judgment for the amount owed.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4725. If the child support owed, or any arrearages, interest, or penalty, remains unpaid more than 30 days after serving the notice of delinquency, the support obligee may file a motion to obtain a judgment for the amount owed, which shall be enforceable in any manner provided by law for the enforcement of judgments. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  50. 4726.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may not impose penalties under this chapter if the support obligor timely seeks a hearing and proves one of the listed reasons.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4726. No penalties may be imposed pursuant to this chapter if, in the discretion of the court, all of the following conditions are met: (a) Within a timely fashion after service of the notice of delinquency, the support obligor files and serves a motion to determine arrearages and to show cause why the penalties provided in this chapter should not be imposed. (b) At the hearing on the motion filed by the support obligor, the court finds that the support obligor has proved any of the following: (1) The child support payments were not 30 days in arrears as of the date of service of the notice of delinquency and are not in arrears as of the date of the hearing. (2) The support obligor suffered serious illness, disability, or unemployment which substantially impaired the ability of the support obligor to comply fully with the support order and the support obligor has made every possible effort to comply with the support order. (3) The support obligor is a public employee and for reasons relating to fiscal difficulties of the employing entity the obligor has not received a paycheck for 30 or more days. (4) It would not be in the interests of justice to impose a penalty. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  51. 4727.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Penalties under this chapter cannot exceed 6% per month of the original support arrearages or support installment, and total penalties cannot exceed 72% of the original amount due.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4727. Any penalty due under this chapter shall not be greater than 6 percent per month of the original amount of support arrearages or support installment, nor may the penalties on any arrearage amount or support installment exceed 72 percent of the original amount due, regardless of whether or not the installments have been listed on more than one notice of delinquency. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  52. 4728.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Penalties under this chapter may be enforced by a writ of execution, but they cannot be paid before child support arrearages or current support.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4728. Penalties due pursuant to this chapter may be enforced by the issuance of a writ of execution in the same manner as a writ of execution may be issued for unpaid installments of child support, as described in Chapter 7 (commencing with Section 5100), except that payment of penalties under this chapter may not take priority over payment of arrearages or current support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  53. 4729.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Support enforcement agencies may not use this chapter’s penalties to enforce child support obligations.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4729. The local child support agency or any other agency providing support enforcement services pursuant to Title IV-D of the federal Social Security Act may not enforce child support obligations utilizing the penalties provided for by this chapter. (Amended by Stats. 2000, Ch. 808, Sec. 50. Effective September 28, 2000.)
  54. 4730.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    At hearings to set or modify child support, the court must not consider penalties under this chapter when deciding current support.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4730. At any hearing to set or modify the amount payable for the support of a child, the court shall not consider any penalties imposed under this chapter in determining the amount of current support to be paid. (Amended by Stats. 1993, Ch. 219, Sec. 149. Effective January 1, 1994.)
  55. 4731.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A later notice of child support delinquency may be served and filed at any time, and it must list the arrearages and ongoing installments already included in a previous notice.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4731. A subsequent notice of delinquency may be served and filed at any time. The subsequent notice shall indicate those child support arrearages and ongoing installments that have been listed on a previous notice. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  56. 4732.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The Judicial Council must adopt forms or notices for use with the procedures in this chapter.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4732. The Judicial Council shall adopt forms or notices for the use of the procedures provided by this chapter. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  57. 4733.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Penalties collected under this chapter must be paid to the child’s custodian.

    ## 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 5. Civil Penalty for Child Support Delinquency [4720 - 4733] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 4733. Penalties collected pursuant to this chapter shall be paid to the custodian of the child who is the subject of the child support judgment or order, whether or not the child is a recipient of public assistance. (Added by Stats. 1993, Ch. 219, Sec. 150. Effective January 1, 1994.)
  58. 5.

    ## 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 ↗

    Section headings do not change the scope, meaning, or intent of the code.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  59. 50.

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

    Verify source ↗

    This section says the definitions and rules of construction in this part control how the code is interpreted, unless the provision or context requires otherwise.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 50. Unless the provision or context otherwise requires, the definitions and rules of construction in this part govern the construction of this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  60. 500.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Certain unmarried, nonminor couples who have been living together as spouses may be married under this chapter by an authorized marriage officiant.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 500. When two unmarried people, not minors, have been living together as spouses, they may be married pursuant to this chapter by a person authorized to solemnize a marriage under Chapter 1 (commencing with Section 400) of Part 3. (Amended by Stats. 2016, Ch. 474, Sec. 6. (AB 2882) Effective January 1, 2017.)
  61. 500.5.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A county clerk’s issued document counts as a marriage license until it is registered, after which it becomes a marriage certificate.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 500.5. For purposes of this part, the document issued by the county clerk is a marriage license until it is registered with the county clerk, at which time the license becomes a marriage certificate. (Added by Stats. 2006, Ch. 816, Sec. 22. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  62. 501.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The county clerk must issue a confidential marriage license if the parties appear together and pay the required fees, unless Section 502 applies.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 501. (a) Except as provided in Section 502, a confidential marriage license shall be issued by the county clerk upon the personal appearance together of the parties to be married and their payment of the fees required by Sections 26840.1 and 26840.8 of the Government Code and any fee imposed pursuant to the authorization of Section 26840.3 of the Government Code. (b) This section shall become operative on January 1, 2024. (Repealed (in Sec. 3) and added by Stats. 2021, Ch. 620, Sec. 4. (AB 583) Effective October 7, 2021. Operative January 1, 2024, by its own provisions.)
  63. 502.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If one or both people cannot appear before the county clerk for a confidential marriage license, the county clerk may issue the license only if the listed paperwork and signature requirements are met.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 502. 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 confidential 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 confidential marriage license. (d) Sufficient reason includes proof of hospitalization, incarceration, or any other reason proved to the satisfaction of the county clerk. (Amended by Stats. 2006, Ch. 816, Sec. 24. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  64. 503.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The county clerk must issue a confidential marriage license when a qualified notary public requests it and the notary has paid the required fees.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 503. The county clerk shall issue a confidential marriage license upon the request of a notary public approved by the county clerk to issue confidential marriage licenses pursuant to Chapter 2 (commencing with Section 530) and upon payment by the notary public of the fees specified in Sections 26840.1 and 26840.8 of the Government Code. The parties shall reimburse a notary public who issues a confidential marriage license for the amount of the fees. (Amended by Stats. 2006, Ch. 816, Sec. 25. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  65. 504.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A confidential marriage license is valid for 90 days after it is issued by the county clerk.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 504. A confidential marriage license is valid only for a period of 90 days after its issuance by the county clerk. (Amended by Stats. 2014, Ch. 913, Sec. 16. (AB 2747) Effective January 1, 2015.)
  66. 505.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The State Registrar of Vital Statistics must prescribe the confidential marriage license form, and the form must require the parties to affirm they meet the chapter’s requirements.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 505. (a) The form of the confidential marriage license shall be prescribed by the State Registrar of Vital Statistics. (b) The form shall be designed to require that the parties to be married declare or affirm that they meet all of the requirements of this chapter. (c) The form shall include an affidavit, which the bride and groom shall sign, affirming that they have received the brochure provided for in Section 358. (Amended by Stats. 2006, Ch. 816, Sec. 26. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  67. 506.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The person solemnizing the marriage must be given the confidential marriage license, complete the solemnization section after the ceremony, and return the license to the county clerk within 10 days.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 506. (a) The confidential marriage license shall be presented to the person solemnizing the marriage. (b) Upon performance of the ceremony, the solemnization section on the confidential marriage license shall be completed by the person solemnizing the marriage. (c) The confidential marriage license shall be returned by the person solemnizing the marriage to the office of the county clerk in the county in which the license was issued within 10 days after the ceremony. (Amended by Stats. 2006, Ch. 816, Sec. 27. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  68. 508.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When a confidential marriage license is issued, the parties must be given an application to request a certified copy of the confidential marriage certificate from the county clerk.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 508. Upon issuance of a confidential marriage license, parties shall be provided with an application to obtain a certified copy of the confidential marriage certificate from the county clerk. (Amended by Stats. 2006, Ch. 816, Sec. 28. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  69. 509.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A party to a confidential marriage may get a certified copy from the county clerk by filing the required application; copies may be issued to the parties if the stated fee is paid.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 509. (a) A party to a confidential marriage may obtain a certified copy of the confidential marriage certificate from the county clerk of the county in which the certificate is filed by submitting an application that satisfies the requirements of Chapter 14 (commencing with Section 103525) of Part 1 of Division 102 of the Health and Safety Code. (b) Copies of a confidential marriage certificate may be issued to the parties to the marriage upon payment of the fee equivalent to that charged for copies of a marriage certificate. (Amended by Stats. 2009, Ch. 412, Sec. 2. (AB 130) Effective January 1, 2010.)
  70. 510.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a confidential marriage license is lost, damaged, destroyed, or rejected for registration, the person who solemnized the marriage must get a duplicate license by filing an affidavit with the county clerk; the clerk may charge actual costs, and timing limits apply.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 510. (a) If a confidential marriage license is lost, damaged, or destroyed after the performance of the marriage, but before it is returned to the county clerk, or deemed unacceptable for registration by the county clerk, the person solemnizing the marriage, in order to comply with Section 506, 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 license may not be issued later than one year after the date of the marriage and shall be returned by the person solemnizing the marriage to the county clerk within one year of the date of the 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. 2020, Ch. 36, Sec. 27. (AB 3364) Effective January 1, 2021.)
  71. 5100.

    ## 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 7. Enforcement by Writ of Execution [5100 - 5104] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A child, family, or spousal support order may be enforced by writ of execution or notice of levy without prior court approval.

    ## 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 7. Enforcement by Writ of Execution [5100 - 5104] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5100. Notwithstanding Section 290, a child, family, or spousal support order may be enforced by a writ of execution or a notice of levy pursuant to Section 706.030 of the Code of Civil Procedure or Section 17522 of this code without prior court approval. (Amended by Stats. 2000, Ch. 808, Sec. 54. Effective September 28, 2000.)
  72. 5103.

    ## 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 7. Enforcement by Writ of Execution [5100 - 5104] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Support orders can be enforced against an employee benefit plan, and a related execution lien lasts until the plan withholds and pays over the full levy amount or is told to stop.

    ## 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 7. Enforcement by Writ of Execution [5100 - 5104] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5103. (a) Notwithstanding Section 2060, an order for the payment of child, family, or spousal support may be enforced against an employee benefit plan regardless of whether the plan has been joined as a party to the proceeding in which the support order was obtained. (b) Notwithstanding Section 697.710 of the Code of Civil Procedure, an execution lien created by a levy on the judgment debtor’s right to payment of benefits from an employee benefit plan to enforce an order for the payment of child, family, or spousal support continues until the date the plan has withheld and paid over to the levying officer, as provided in Section 701.010 of the Code of Civil Procedure, the full amount specified in the notice of levy, unless the plan is directed to stop withholding and paying over before that time by court order or by the levying officer. (c) A writ of execution pursuant to which a levy is made on the judgment debtor’s right to payment of benefits from an employee benefit plan under an order for the payment of child, family, or spousal support shall be returned not later than one year after the date the execution lien expires under subdivision (b). (Amended by Stats. 1994, Ch. 1269, Sec. 50. Effective January 1, 1995.)
  73. 5104.

    ## 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 7. Enforcement by Writ of Execution [5100 - 5104] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A levying officer must serve the judgment debtor with a copy of the affidavit when the writ of execution is first served.

    ## 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 7. Enforcement by Writ of Execution [5100 - 5104] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5104. (a) The application for a writ of execution shall be accompanied by an affidavit stating the total amount due and unpaid that is authorized to be enforced pursuant to Sections 5100 to 5103, inclusive, on the date of the application. (b) If interest on the overdue installments is sought, the affidavit shall state the total amount of the interest and the amount of each due and unpaid installment and the date it became due. (c) The affidavit shall be filed in the action and a copy shall be attached to the writ of execution delivered to the levying officer. The levying officer shall serve the copy of the affidavit on the judgment debtor when the writ of execution is first served on the judgment debtor pursuant to a levy under the writ. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  74. 511.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    County clerks must keep confidential marriage records private, retain originals for one year, and send copies to the State Registrar on a quarterly basis; court orders can allow access or disclosure.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [500 - 511] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 511. (a) Except as provided in subdivision (b), the county clerk shall maintain confidential marriage certificates filed pursuant to Section 506 as permanent records which shall not be open to public inspection except upon order of the court issued upon a showing of good cause. The confidential marriage license is a confidential record and not open to public inspection without an order from the court. (b) The county clerk shall keep all original certificates of confidential marriages for one year from the date of filing. After one year, the clerk may reproduce the certificates pursuant to Section 26205 of the Government Code, and dispose of the original certificates. The county clerk shall promptly seal and store at least one original negative of each microphotographic film made in a manner and place as reasonable to ensure its preservation indefinitely against loss, theft, defacement, or destruction. The microphotograph shall be made in a manner that complies with the minimum standards or guidelines, or both, recommended by the American National Standards Institute or the Association for Information and Image Management. Every reproduction shall be deemed and considered an original. A certified copy of any reproduction shall be deemed and considered a certified copy of the original. (c) The county clerk may conduct a search for a confidential marriage certificate for the purpose of confirming the existence of a marriage, but the date of the marriage and any other information contained in the certificate shall not be disclosed except upon order of the court. (d) The county clerk shall, not less than quarterly, transmit copies of all original confidential marriage certificates retained, or originals of reproduced confidential marriage certificates filed after January 1, 1982, to the State Registrar of Vital Statistics. The registrar may destroy the copies so transmitted after they have been indexed. The registrar may respond to an inquiry as to the existence of a marriage performed pursuant to this chapter, but shall not disclose the date of the marriage. (Amended by Stats. 2006, Ch. 816, Sec. 31. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  75. 5200.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The definitions in this article control how this chapter is read, 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 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5200. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  76. 5201.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    “Arrearage” or “arrearages” means the amount needed to satisfy a support judgment or order under the cited procedure section.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5201. “Arrearage” or “arrearages” is the amount necessary to satisfy a support judgment or order pursuant to Section 695.210 of the Code of Civil Procedure. (Added by Stats. 1997, Ch. 599, Sec. 21. Effective January 1, 1998.)
  77. 5202.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    “Assignment order” means the same as “earnings assignment order for support.”

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5202. “Assignment order” has the same meaning as “earnings assignment order for support.” (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  78. 5204.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “due date of support payments.”

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5204. “Due date of support payments” is the date specifically stated in the order of support or, if no date is stated in the support order, the last day of the month in which the support payment is to be paid. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  79. 5206.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “earnings” for support earnings-assignment orders and lists what kinds of payments are included.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5206. “Earnings,” to the extent that they are subject to an earnings assignment order for support under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, include: (a) Wages, salary, bonus, money, and benefits described in Sections 704.110, 704.113, and 704.115 of the Code of Civil Procedure. (b) Payments due for services of independent contractors, interest, dividends, rents, royalties, residuals, patent rights, or mineral or other natural resource rights. (c) Payments or credits due or becoming due as a result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus, or otherwise. (d) Payments due for workers’ compensation temporary disability benefits. (e) Payments due as a result of disability from benefits described in Section 704.130 of the Code of Civil Procedure. (f) Any other payments or credits due or becoming due, regardless of source. (Amended by Stats. 1997, Ch. 599, Sec. 22. Effective January 1, 1998.)
  80. 5208.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “earnings assignment order for support” and says that, starting January 1, 2000, such orders in child support or family support cases must be issued on the specified federal income-withholding form.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5208. (a) “Earnings assignment order for support” means an order that assigns to an obligee a portion of the earnings of a support obligor due or to become due in the future. (b) Commencing January 1, 2000, all earnings assignment orders for support in any action in which child support or family support is ordered shall be issued on an “order/notice to withhold income for child support” mandated by Section 666 of Title 42 of the United States Code. (Amended by Stats. 1999, Ch. 480, Sec. 1. Effective January 1, 2000.)
  81. 5210.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    “Employer” includes a person who employs an individual as an employee, the United States government and public entities, and anyone paying earnings.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5210. “Employer” includes all of the following: (a) A person for whom an individual performs services as an employee, as defined in Section 706.011 of the Code of Civil Procedure. (b) The United States government and any public entity as defined in Section 811.2 of the Government Code. (c) Any person or entity paying earnings as defined under Section 5206. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  82. 5212.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “IV-D Case” as a case the local child support agency is establishing, modifying, or enforcing under the cited federal law.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5212. “IV-D Case” means any case being established, modified, or enforced by the local child support agency pursuant to Section 654 of Title 42 of the United States Code (Section 454 of the Social Security Act). (Amended by Stats. 1999, Ch. 480, Sec. 2. Effective January 1, 2000.)
  83. 5214.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “obligee” or “assigned obligee” for earnings assignment orders.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5214. “Obligee” or “assigned obligee” means either the person to whom support has been ordered to be paid, the local child support agency, or other person designated by the court to receive the payment. The local child support agency is the obligee for all Title IV-D cases as defined under Section 5212 or in which an application for services has been filed under Part D (commencing with Section 651) and Part E (commencing with Section 670) of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Title IV-D or IV-E of the Social Security Act). (Amended by Stats. 2001, Ch. 755, Sec. 7. Effective October 12, 2001.)
  84. 5216.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “obligor” as a person who owes a duty of support.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5216. “Obligor” means a person owing a duty of support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  85. 5220.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    “Timely payment” means a support payment received by the obligee or assigned obligee within five days after the due date.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Definitions [5200 - 5220] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5220. “Timely payment” means receipt of support payments by the obligee or assigned obligee within five days of the due date. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  86. 5230.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When a court orders or changes support, it must include an earnings assignment order for support.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5230. (a) When the court orders a party to pay an amount for support or orders a modification of the amount of support to be paid, the court shall include in its order an earnings assignment order for support that orders the employer of the obligor to pay to the obligee that portion of the obligor’s earnings due or to become due in the future as will be sufficient to pay an amount to cover both of the following: (1) The amount ordered by the court for support. (2) An amount which shall be ordered by the court to be paid toward the liquidation of any arrearage. (b) An earnings assignment order for support shall be issued, and shall be effective and enforceable pursuant to Section 5231, notwithstanding the absence of the name, address, or other identifying information regarding the obligor’s employer. (Amended by Stats. 2000, Ch. 808, Sec. 57.3. Effective September 28, 2000.)
  87. 5230.1.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Out-of-state support withholding or earnings assignment orders bind the employer the same way as a California 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5230.1. (a) An earnings assignment or income withholding order for support issued by a court or administrative agency of another state is binding upon an employer of the obligor to the same extent as an earnings assignment order made by a court of this state. (b) When an employer receives an earnings assignment order or an income withholding order for support from a court or administrative agency in another state, all of the provisions of this chapter shall apply. (Added by Stats. 1997, Ch. 599, Sec. 24. Effective January 1, 1998.)
  88. 5230.5.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An obligee who alleges child support arrearages must state the amount owed under penalty of perjury.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5230.5. Any obligee alleging arrearages in child support shall specify the amount thereof under penalty of perjury. (Added by Stats. 1994, Ch. 1140, Sec. 2. Effective January 1, 1995.)
  89. 5231.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An earnings assignment order is effective and binding on an obligor’s existing or future employer once a copy is served properly, unless the order is stayed.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5231. Unless stayed pursuant to Article 4 (commencing with Section 5260), an assignment order is effective and binding upon any existing or future employer of the obligor upon whom a copy of the order is served in compliance with Sections 5232 and 5233, notwithstanding the absence of the name, address, or other identifying information regarding the obligor’s employer, or the inclusion of incorrect information regarding the support obligor’s employer. (Amended by Stats. 2000, Ch. 808, Sec. 57.5. Effective September 28, 2000.)
  90. 5232.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An obligee must serve the documents specified in Section 5234, and service on an employer of an assignment order may be made by first-class mail.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5232. Service on an employer of an assignment order may be made by first-class mail in the manner prescribed in Section 1013 of the Code of Civil Procedure. The obligee shall serve the documents specified in Section 5234. (Amended by Stats. 1997, Ch. 599, Sec. 25. Effective January 1, 1998.)
  91. 5233.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An employer must start withholding under an earnings assignment order from the employee’s earnings, generally as soon as possible after service and no later than 10 days after service unless the order says later.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5233. Unless the order states a later date, beginning as soon as possible after service of the order on the employer but not later than 10 days after service of the order on the employer, the employer shall commence withholding pursuant to the assignment order from all earnings payable to the employee. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  92. 5234.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An employer must give the obligor certain documents and a rights statement within 10 days after service of an assignment order or income-withholding notice for child support.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5234. Within 10 days of service of an assignment order or an order/notice to withhold income for child support on an employer, the employer shall deliver both of the following to the obligor: (a) A copy of the assignment order or the order/notice to withhold income for child support. (b) A written statement of the obligor’s rights under the law to seek to quash, modify, or stay service of the earnings assignment order, together with a blank form that the obligor can file with the court to request a hearing to quash, modify, or stay service of the earnings assignment order with instructions on how to file the form and obtain a hearing date. (Amended by Stats. 1999, Ch. 480, Sec. 3. Effective January 1, 2000.)
  93. 5235.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Employers must keep withholding and forwarding support under an earnings assignment order until they get notice it is terminated.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5235. (a) The employer shall continue to withhold and forward support as required by the assignment order until served with notice terminating the assignment order. If an employer withholds support as required by the assignment order, the obligor shall not be held in contempt or subject to criminal prosecution for nonpayment of the support that was withheld by the employer but not received by the obligee. If the employer withheld the support but failed to forward the payments to the obligee, the employer shall be liable for the payments, including interest, as provided in Section 5241. (b) Within 10 days of service of a substitution of payee on the employer, the employer shall forward all subsequent support to the governmental entity or other payee that sent the substitution. (c) The employer shall send the amounts withheld to the obligee within the timeframe specified in federal law and shall report to the obligee the date on which the amount was withheld from the obligor’s wages. (d) The employer may deduct from the earnings of the employee the sum of one dollar and fifty cents ($1.50) for each payment made pursuant to the order. (e) Once the State Disbursement Unit as required by Section 17309 is operational, the employer shall send all earnings withheld pursuant to this chapter to the State Disbursement Unit instead of the obligee. (Amended by Stats. 2004, Ch. 520, Sec. 3. Effective January 1, 2005.)
  94. 5236.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The state or local agency enforcing support obligations must let employers simplify withholding from multiple support orders by sending one consolidated check with an itemized accounting.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5236. The state agency or the local agency, designated to enforce support obligations as required by federal law, shall allow employers to simplify the process of assignment order withholding by forwarding, as ordered by the court, the amounts of support withheld under more than one order in a consolidated check, accompanied by an itemized accounting providing names, social security number or other identifying number, and the amount attributable to each obligor. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  95. 5237.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The obligee must give prompt address-change notice to the correct payment recipient, and certain payors must stop or return undeliverable support payments if notice is not received.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5237. (a) Except as provided in subdivisions (b) and (c), the obligee shall notify the employer of the obligor, by first-class mail, postage prepaid, of any change of address within a reasonable period of time after the change. (b) Where payments have been ordered to be made to a county officer designated by the court, the obligee who is the parent, guardian, or other person entitled to receive payment through the designated county officer shall notify the designated county officer by first-class mail, postage prepaid, of any address change within a reasonable period of time after the change. (c) If the obligee is receiving support payments from the State Disbursement Unit as required by Section 17309, the obligee shall notify the State Disbursement Unit instead of the employer of the obligor as provided in subdivision (a). (d) (1) Except as set forth in paragraph (2), if the employer, designated county officer, or the State Disbursement Unit is unable to deliver payments under the assignment order for a period of six months due to the failure of the obligee to notify the employer, designated county officer, or State Disbursement Unit, of a change of address, the employer, designated county officer, or State Disbursement Unit shall not make any further payments under the assignment order and shall return all undeliverable payments to the obligor. (2) If payments are being directed to the State Disbursement Unit pursuant to subdivision (e) of Section 5235, but the case is not otherwise receiving services from the Title IV-D agency, and the State Disbursement Unit is unable to deliver payments under the assignment order for a period of 45 days due to the failure of the obligee to notify the employer, designated county officer, or State Disbursement Unit of a change of address, the Title IV-D agency shall take the following actions: (A) Immediately return the undeliverable payments to the obligor if the obligee cannot be located. (B) Notify the employer to suspend withholding pursuant to the wage assignment until the employer or Title IV-D agency is notified of the obligee’s whereabouts. (Amended by Stats. 2004, Ch. 806, Sec. 1. Effective January 1, 2005.)
  96. 5238.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When an employee has multiple support assignment orders, the employer must prorate withheld payments and follow the stated order for allocating payments among current support and arrears.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5238. (a) Where an assignment order or assignment orders include both current support and payments towards the liquidation of arrearages, priority shall be given first to the current child support obligation, then the current spousal support obligation, and thereafter to the liquidation of child and then spousal support arrearages. (b) Where there are multiple assignment orders for the same employee, the employer shall prorate the withheld payments as follows: (1) If the obligor has more than one assignment for support, the employer shall add together the amount of support due for each assignment. (2) If 50 percent of the obligor’s net disposable earnings will not pay in full all of the assignments for support, the employer shall prorate it first among all of the current support assignments in the same proportion that each assignment bears to the total current support owed. (3) The employer shall apply any remainder to the assignments for arrearage support in the same proportion that each assignment bears to the total arrearage owed. (Amended by Stats. 1997, Ch. 599, Sec. 29. Effective January 1, 1998.)
  97. 5239.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Support arrearages must be calculated using the payments owed and unpaid when the obligor received notice of the assignment 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5239. Arrearages of support payments shall be computed on the basis of the payments owed and unpaid on the date that the obligor has been given notice of the assignment order as required by Section 5234. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  98. 5240.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must end service of an assignment order if the obligor files and serves the required motion, past due support and interest have been paid in full, 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 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5240. (a) Upon the filing and service of a motion and a notice of motion by the obligor, the court shall terminate the service of an assignment order if past due support has been paid in full, including any interest due, and if any of the following conditions exist: (1) With regard to orders for spousal support, the death or remarriage of the spouse to whom support is owed. (2) With regard to orders for child support, the death or emancipation of the child for whom support is owed. (3) The court determines that there is good cause, as defined in Section 5260, to terminate the assignment order. This subdivision does not apply if there has been more than one application for an assignment order. (4) The obligor meets the conditions of an alternative arrangement specified in paragraph (2) of subdivision (b) of Section 5260, and a wage assignment has not been previously terminated and subsequently initiated. (5) There is no longer a current order for support. (6) The termination of the stay of an assignment order under Section 5261 was improper, but only if that termination was based upon the obligor’s failure to make timely support payments as described in subdivision (b) of Section 5261. (7) The employer or agency designated to provide services under Title IV-D of the Social Security Act or the State Disbursement Unit is unable to deliver payment for a period of six months due to the failure of the obligee to notify that employer or agency or the State Disbursement Unit of a change in the obligee’s address. (b) In lieu of filing and serving a motion and a notice of motion pursuant to subdivision (a), an obligor may request ex parte relief, except ex parte relief shall not be available in the circumstances described in paragraphs (3) and (4) of subdivision (a). (Amended by Stats. 2012, Ch. 77, Sec. 1. (AB 1727) Effective January 1, 2013.)
  99. 5241.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Employers must withhold and forward support under a valid assignment order, and failure can trigger liability and contempt penalties.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5241. (a) An employer who willfully fails to withhold and forward support pursuant to a currently valid assignment order entered and served upon the employer pursuant to this chapter is liable to the obligee for the amount of support not withheld, forwarded, or otherwise paid to the obligee, including any interest thereon. (b) If an employer withholds support as required by the assignment order, the obligor shall not be held in contempt or subject to criminal prosecution for nonpayment of the support that was withheld by the employer but not received by the obligee. In addition, the employer is liable to the obligee for any interest incurred as a result of the employer’s failure to timely forward the withheld support pursuant to an assignment earnings order. (c) In addition to any other penalty or liability provided by law, willful failure by an employer to comply with an assignment order is punishable as a contempt pursuant to Section 1218 of the Code of Civil Procedure. (d) If an employer withholds support, as required by the assignment order, but fails to forward the support to the obligee, the local child support agency shall take appropriate action to collect the withheld sums from the employer. The child support obligee or the local child support agency upon application may obtain an order requiring payment of support by electronic transfer from the employer’s bank account if the employer has willfully failed to comply with the assignment order or if the employer has failed to comply with the assignment order on three separate occasions within a 12-month period. Where a court finds that an employer has willfully failed to comply with the assignment order or has otherwise failed to comply with the assignment order on three separate occasions within a 12-month period, the court may impose a civil penalty, in addition to any other penalty required by law, of up to 50 percent of the support amount that has not been received by the obligee. (e) To facilitate employer awareness, the local child support agency shall make reasonable efforts to notify any employer subject to an assignment order pursuant to this chapter of the electronic fund transfer provision and enhanced penalties provided by this act. (f) Notwithstanding any other provision of law, any penalty payable pursuant to this subdivision shall be payable directly to the obligee. The local child support agency shall not be required to establish or collect this penalty on behalf of the obligee. The penalty shall not be included when determining the income of the obligee for the purpose of determining the eligibility of the obligee for benefits payable pursuant to state supplemental income programs. A court may issue the order requiring payment of support by electronic transfer from the employer’s bank account and impose the penalty described in this subdivision, after notice and hearing. This provision shall not be construed to expand or limit the duties and obligations of the Labor Commissioner, as set forth in Section 200 and following of the Labor Code. (Amended by Stats. 2003, Ch. 308, Sec. 2. Effective January 1, 2004.)
  100. 5242.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Serving the assignment order creates a lien on the employee’s earnings and the employer’s property.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5242. Service of the assignment order creates a lien on the earnings of the employee and the property of the employer to the same extent as the service of an earnings withholding order as provided in Section 706.029 of the Code of Civil Procedure. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  101. 5243.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An assignment order for support has priority over attachments, executions, and other assignments as specified.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5243. An assignment order for support has priority as against any attachment, execution, or other assignment as specified in Section 706.031 of the Code of Civil Procedure. (Amended by Stats. 1993, Ch. 876, Sec. 26. Effective October 6, 1993. Operative January 1, 1994, by Sec. 37 of Ch. 876.)
  102. 5244.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A reference to the local child support agency applies only when that agency is otherwise ordered or required by law to act, and this chapter does not add new enforcement or collection duties for the agency.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5244. A reference to the local child support agency in this chapter applies only when the local child support agency is otherwise ordered or required to act pursuant to law. Nothing in this chapter shall be deemed to mandate additional enforcement or collection duties upon the local child support agency beyond those otherwise imposed by law. (Amended by Stats. 2000, Ch. 808, Sec. 61. Effective September 28, 2000.)
  103. 5245.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The local child support agency may use other civil and criminal remedies to enforce support obligations.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5245. Nothing in this chapter limits the authority of the local child support agency to use any other civil and criminal remedies to enforce support obligations, regardless of whether or not the child or the obligee who is the parent, guardian, or other person entitled to receive payment is the recipient of welfare moneys. (Amended by Stats. 2000, Ch. 808, Sec. 62. Effective September 28, 2000.)
  104. 5246.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section lets the local child support agency use and serve income-withholding notices for child support, and it sets limits, hearing rights, and notice deadlines.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5246. (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) In lieu of an earnings assignment order signed by a judicial officer, the local child support agency may serve on the employer a notice of assignment in the manner specified in Section 5232. An order/notice to withhold income for child support shall have the same force and effect as an earnings assignment order signed by a judicial officer. An order/notice to withhold income for child support, when used under this section, shall be considered a notice and shall not require the signature of a judicial officer. (c) Pursuant to Section 666 of Title 42 of the United States Code, the federally mandated order/notice to withhold income for child support shall be used for the purposes described in this section. (d) (1) An order/notice to withhold income may not reduce the current amount withheld for court-ordered child support. (2) If the underlying court order for support does not provide for an arrearage payment, or if an additional arrearage accrues after the date of the court order for support, the local child support agency may send an order/notice to withhold income for child support that shall be used for the purposes described in this section directly to the employer that specifies the updated arrearage amount and directs the employer to withhold an additional amount to be applied towards liquidation of the arrearages not to exceed the maximum amount permitted by Section 1673(b) of Title 15 of the United States Code. (3) Notwithstanding paragraph (2), if an obligor is disabled, meets the SSI resource test, and is receiving Supplemental Security Income/State Supplementary Payments (SSI/SSP) or, but for excess income as described in Section 416.1100 et seq. of Part 416 of Title 20 of the Code of Federal Regulations, would be eligible to receive SSI/SSP, pursuant to Section 12200 of the Welfare and Institutions Code, and the obligor has supplied the local child support agency with proof of eligibility for and, if applicable, receipt of, SSI/SSP or Social Security Disability Insurance benefits, then the order/notice to withhold income issued by the local child support agency for the liquidation of the arrearage shall not exceed 5 percent of the obligor’s total monthly Social Security Disability payments under Title II of the Social Security Act. (e) If the obligor requests a hearing, a hearing date shall be scheduled within 20 days of the filing of the request with the court. The clerk of the court shall provide notice of the hearing to the local child support agency and the obligor no later than 10 days prior to the hearing. (1) If, at the hearing, the obligor establishes that they are not the obligor or good cause or an alternative arrangement as provided in Section 5260, the court may order that service of the order/notice to withhold income for child support be quashed. If the court quashes service of the order/notice to withhold income for child support, the local child support agency shall notify the employer within 10 days. (2) If the obligor contends at the hearing that the payment of arrearages at the rate specified in the order/notice to withhold income for child support is excessive or that the total arrearages owing is incorrect, and if it is determined that payment of the arrearages at the rate specified in this section creates an undue hardship upon the obligor or that the withholding would exceed the maximum amount permitted by Section 1673(b) of Title 15 of the United States Code Annotated, the rate at which the arrearages must be paid shall be reduced to a rate that is fair and reasonable considering the circumstances of the parties and the best interest of the child. If it is determined at a hearing that the total amount of arrearages calculated is erroneous, the court shall modify the amount calculated to the correct amount. If the court modifies the total amount of arrearages owed or reduces the monthly payment due on the arrearages, the local child support agency shall serve the employer with an amended order/notice to withhold income for child support within 10 days. (f) If an obligor’s current support obligation has terminated by operation of law, the local child support agency may serve an order/notice to withhold income for child support on the employer that directs the employer to continue withholding from the obligor’s earnings an amount to be applied towards liquidation of the arrearages, not to exceed the maximum amount permitted by Section 1673(b) of Title 15 of the United States Code, until the employer is notified by the local child support agency that the arrearages have been paid in full. The employer shall provide the obligor with a copy of the order/notice to withhold income for child support and a blank form that the obligor may file with the court to request a hearing to modify or quash the assignment with instructions on how to file the form and obtain a hearing date. The obligor shall be entitled to the same rights to a hearing as specified in subdivision (e). (g) The local child support agency shall retain a copy of the order/notice to withhold income for child support and shall file a copy with the court whenever a hearing concerning the order/notice to withhold income for child support is requested. (h) The local child support agency may transmit an order/notice to withhold income for child support and other forms required by this section to the employer through electronic means. (Amended by Stats. 2019, Ch. 115, Sec. 55. (AB 1817) Effective January 1, 2020.)
  105. 5247.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The local child support agency and employers are not liable in civil court for amounts withheld and paid under an earnings assignment order or notice of assignment.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. General Provisions [5230 - 5247] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5247. Neither the local child support agency nor an employer shall be subject to any civil liability for any amount withheld and paid to the obligee, the local child support agency, or the State Disbursement Unit pursuant to an earnings assignment order or notice of assignment. (Amended by Stats. 2003, Ch. 387, Sec. 8. Effective January 1, 2004.)
  106. 5250.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Support Orders Issued or Modified Before July 1, 1990 [5250 - 5253] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    For certain support orders issued or modified before July 1, 1990, this article sets out a procedure to obtain an earnings assignment order when the court did not issue one at the time support was ordered or modified.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Support Orders Issued or Modified Before July 1, 1990 [5250 - 5253] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5250. For a support order first issued or modified before July 1, 1990, this article provides a procedure for obtaining an earnings assignment order for support when the court in ordering support or modification of support did not issue an assignment order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  107. 5251.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Support Orders Issued or Modified Before July 1, 1990 [5250 - 5253] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An obligee seeking an assignment order to enforce a support order covered by Section 5250 may use 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 5. ENFORCEMENT OF SUPPORT ORDERS [4500 - 5616] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Support Orders Issued or Modified Before July 1, 1990 [5250 - 5253] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5251. The obligee seeking issuance of an assignment order to enforce a support order described in Section 5250 may use the procedure set forth in this article by filing an application under Section 5252, or by notice of motion or order to show cause, or pursuant to subdivision (b) of Section 5230. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  108. 5252.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Support Orders Issued or Modified Before July 1, 1990 [5250 - 5253] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An assignment order application must be signed by the obligee under penalty of perjury, and the application must include specific notice details unless notice was waived by the obligor.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Support Orders Issued or Modified Before July 1, 1990 [5250 - 5253] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5252. (a) An assignment order under this article may be issued only upon an application signed under penalty of perjury by the obligee that the obligor is in default in support payments in a sum equal to the amount of support payable for one month, for any other occurrence specified by the court in the support order, or earlier by court order if requested by the local child support agency or the obligor. (b) If the order for support does not contain a provision for an earnings assignment order for support, the application shall state that the obligee has given the obligor a written notice of the obligee’s intent to seek an assignment order if there is a default in support payments 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. The written notice of the intent to seek an assignment order may be given at any time, including at the time of filing a petition or complaint in which support is requested or at any time subsequent thereto. The obligor may at any time waive the written notice required by this subdivision. (c) In addition to any other penalty provided by law, the filing of the application with knowledge of the falsity of the declaration or notice is punishable as a contempt pursuant to Section 1209 of the Code of Civil Procedure. (Amended by Stats. 2000, Ch. 808, Sec. 64. Effective September 28, 2000.)
  109. 5253.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Support Orders Issued or Modified Before July 1, 1990 [5250 - 5253] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When the application is received, the court must issue an assignment order without notifying the obligor, and the employer must pay covered earnings to the obligee or the State Disbursement Unit.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Support Orders Issued or Modified Before July 1, 1990 [5250 - 5253] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5253. Upon receipt of the application, the court shall issue, without notice to the obligor, an assignment order requiring the employer of the obligor to pay to the obligee or the State Disbursement Unit that portion of the earnings of the obligor due or to become due in the future as will be sufficient to pay an amount to cover both of the following: (a) The amount ordered by the court for support. (b) An amount which shall be ordered by the court to be paid toward the liquidation of any arrearage or past due support amount. (Amended by Stats. 2003, Ch. 387, Sec. 9. Effective January 1, 2004.)
  110. 5260.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Stay of Service of Assignment Order [5260 - 5261] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may stay service of an assignment order only for good cause or when the parties have an alternative payment arrangement; foreign support-related wage assignments cannot be stayed under this subdivision.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Stay of Service of Assignment Order [5260 - 5261] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5260. (a) The court may order that service of the assignment order be stayed only if the court makes a finding of good cause or if an alternative arrangement exists for payment in accordance with paragraph (2) of subdivision (b). Notwithstanding any other provision of law, service of wage assignments issued for foreign orders for support, and service of foreign orders for the assignment of wages registered pursuant to Chapter 6 (commencing with Section 5700.601) of Part 6 shall not be stayed pursuant to this subdivision. (b) For purposes of this section, good cause or an alternative arrangement for staying an assignment order is as follows: (1) Good cause for staying a wage assignment exists only when all of the following conditions exist: (A) The court provides a written explanation of why the stay of the wage assignment would be in the best interests of the child. (B) The obligor has a history of uninterrupted, full, and timely payment, other than through a wage assignment or other mandatory process of previously ordered support, during the previous 12 months. (C) The obligor does not owe an arrearage for prior support. (D) The obligor proves, and the court finds, by clear and convincing evidence that service of the wage assignment would cause extraordinary hardship upon the obligor. Whenever possible, the court shall specify a date that any stay ordered under this section will automatically terminate. (2) An alternative arrangement for staying a wage assignment order shall require a written agreement between the parties that provides for payment of the support obligation as ordered other than through the immediate service of a wage assignment. Any agreement between the parties which includes the staying of a service of a wage assignment shall include the concurrence of the local child support agency in any case in which support is ordered to be paid through a county officer designated for that purpose. The execution of an agreement pursuant to this paragraph shall not preclude a party from thereafter seeking a wage assignment in accordance with the procedures specified in Section 5261 upon violation of the agreement. (Amended by Stats. 2015, Ch. 493, Sec. 3. (SB 646) Effective January 1, 2016.)
  111. 5261.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Stay of Service of Assignment Order [5260 - 5261] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A stay of service of an earnings assignment order ends when support payments are not made on time, and it also ends when an obligee files a signed declaration that the obligor is in arrears.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 4. Stay of Service of Assignment Order [5260 - 5261] ( Article 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5261. (a) If service of the assignment order has been ordered stayed, the stay shall terminate pursuant to subdivision (b) upon the obligor’s failure to make timely support payments or earlier by court order if requested by the local child support agency or by the obligor. The stay shall terminate earlier by court order if requested by any other obligee who can establish that good cause, as defined in Section 5260, no longer exists. (b) To terminate a stay of the service of the assignment order, the obligee shall file a declaration signed under penalty of perjury by the obligee that the obligor is in arrears in payment of any portion of the support. At the time of filing the declaration, the stay shall terminate by operation of law without notice to the obligor. (c) In addition to any other penalty provided by law, the filing of a declaration under subdivision (b) with knowledge of the falsity of its contents is punishable as a contempt pursuant to Section 1209 of the Code of Civil Procedure. (Amended by Stats. 2000, Ch. 808, Sec. 66. Effective September 28, 2000.)
  112. 5270.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Motion to Quash Assignment Order [5270 - 5272] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An obligor may ask to quash an assignment order on listed grounds, must state the ground under oath, and cannot repeat or revive grounds previously raised or available in an earlier service on a prior employer.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Motion to Quash Assignment Order [5270 - 5272] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5270. (a) An obligor may move to quash an assignment order on any of the following grounds: (1) The assignment order does not correctly state the amount of current or overdue support ordered by the courts. (2) The alleged obligor is not the obligor from whom support is due. (3) The amount to be withheld exceeds that allowable under federal law in subsection (b) of Section 1673 of Title 15 of the United States Code. (b) If an assignment order is sought under Article 3 (commencing with Section 5250), the party ordered to pay support may also move to quash the service of the order based upon Section 5260. (c) The obligor shall state under oath the ground on which the motion to quash is made. (d) If an assignment order which has been issued and served on a prior employer is served on the obligor’s new employer, the obligor does not have the right to move to quash the assignment order on any grounds which the obligor previously raised when the assignment order was served on the prior employer or on any grounds which the obligor could have raised when the assignment order was served on the prior employer but failed to raise. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  113. 5271.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Motion to Quash Assignment Order [5270 - 5272] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section sets deadlines for filing a motion to quash an earnings assignment order, scheduling the hearing, and serving the other party.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Motion to Quash Assignment Order [5270 - 5272] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5271. (a) The motion and notice of motion to quash the assignment order shall be filed with the court issuing the order within 10 days after delivery of the copy of the assignment order to the obligor by the employer. (b) The clerk of the court shall set the motion to quash for hearing within not less than 15 days, nor more than 20 days, after receipt of the notice of motion. (c) The obligor shall serve personally or by first-class mail, postage prepaid, a copy of the motion and notice of motion on the obligee named in the assignment order no less than 10 days before the date of the hearing. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  114. 5272.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Motion to Quash Assignment Order [5270 - 5272] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court cannot vacate an assignment order just because support or arrearage amounts were wrong or exceed limits, and it must instead modify the order to the correct or allowable amount.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 5. Motion to Quash Assignment Order [5270 - 5272] ( Article 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5272. A finding of error in the amount of the current support or arrearage or that the amount exceeds federal or state limits is not grounds to vacate the assignment order. The court shall modify the order to reflect the correct or allowable amount of support or arrearages. The fact that the obligor may have subsequently paid the arrearages does not relieve the court of its duty to enter the assignment order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  115. 5280.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Information Concerning Address and Employment of Obligor [5280 - 5282] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the obligee says the obligor’s address or employer is unknown, the local child support agency must contact the California parent locator service and later notify the court of the obligor’s last known address and employer.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Information Concerning Address and Employment of Obligor [5280 - 5282] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5280. If the obligee making the application under this chapter also states that the whereabouts of the obligor or the identity of the obligor’s employer is unknown to the party to whom support has been ordered to be paid, the local child support agency shall do both of the following: (a) Contact the California parent locator service maintained by the Department of Justice in the manner prescribed in Section 17506. (b) Upon receiving the requested information, notify the court of the last known address of the obligor and the name and address of the obligor’s last known employer. (Amended by Stats. 2000, Ch. 808, Sec. 67. Effective September 28, 2000.)
  116. 5281.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Information Concerning Address and Employment of Obligor [5280 - 5282] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An assignment order must require the obligor to tell the obligee about any job change and give the name and address of the new employer within 10 days after starting new employment.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Information Concerning Address and Employment of Obligor [5280 - 5282] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5281. An assignment order required or authorized by this chapter shall include a requirement that the obligor notify the obligee of any change of employment and of the name and address of the obligor’s new employer within 10 days of obtaining new employment. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  117. 5282.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Information Concerning Address and Employment of Obligor [5280 - 5282] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the obligor leaves employment, the employer must notify the designated obligee by first-class mail when the next payment on the assignment order is due.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 6. Information Concerning Address and Employment of Obligor [5280 - 5282] ( Article 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5282. After the obligor has left employment with the employer, the employer, at the time the next payment is due on the assignment order, shall notify the obligee designated in the assignment order by first-class mail, postage prepaid, to the last known address of the obligee that the obligor has left employment. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  118. 5290.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Prohibited Practices [5290- 5290.] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Employers must not use a support-related assignment order as a reason to refuse to hire, fire, discipline, or deny promotion to an employee.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 7. Prohibited Practices [5290- 5290.] ( Article 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5290. No employer shall use an assignment order authorized by this chapter as grounds for refusing to hire a person, or for discharging, taking disciplinary action against, denying a promotion to, or for taking any other action adversely affecting the terms and conditions of employment of, an employee. An employer who engages in the conduct prohibited by this section may be assessed a civil penalty of a maximum of five hundred dollars ($500). (Amended by Stats. 2004, Ch. 369, Sec. 1. Effective January 1, 2005.)
  119. 5295.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 8. Judicial Council Forms [5295- 5295.] ( Article 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The Judicial Council must prescribe the forms needed to carry out this chapter.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 8. Judicial Council Forms [5295- 5295.] ( Article 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 5295. The Judicial Council shall prescribe forms necessary to carry out the requirements of this chapter, including the following: (a) The written statement of the obligor’s rights. (b) The earnings assignment order for support. (c) The instruction guide for obligees and obligors. (d) The application forms required under Sections 5230, 5252, and 5261. (e) The notice form required under Section 5252. (f) Revised judgment and assignment order forms as necessary. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  120. 530.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A notary public may not issue a confidential marriage license unless approved by the county clerk.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 530. (a) No notary public shall issue a confidential marriage license pursuant to this part unless the notary public is approved by the county clerk to issue confidential marriage licenses pursuant to this chapter. (b) A violation of subdivision (a) is a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) or six months in jail. (Amended by Stats. 2006, Ch. 816, Sec. 32. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  121. 531.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A notary public seeking approval to authorize confidential marriages must file an application with the county clerk in the county where the notary resides, and the clerk may approve or deny the application in reasonable discretion.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 531. (a) An application for approval to authorize confidential marriages pursuant to this part shall be submitted to the county clerk in the county in which the notary public who is applying for the approval resides. The county clerk shall exercise reasonable discretion as to whether to approve applications. (b) The application shall include all of the following: (1) The full name of the applicant. (2) The date of birth of the applicant. (3) The applicant’s current residential address and telephone number. (4) The address and telephone number of the place where the applicant will issue confidential marriage licenses. (5) The full name of the applicant’s employer if the applicant is employed by another person. (6) Whether or not the applicant has engaged in any of the acts specified in Section 8214.1 of the Government Code. (c) The application shall be accompanied by the fee provided for in Section 536. (Amended by Stats. 2006, Ch. 816, Sec. 33. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  122. 532.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A notary public must complete a county-clerk course on issuing confidential marriage licenses and show proof of completion before approval or renewal can be granted. The course cannot be longer than six hours.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 532. No approval, or renewal of the approval, shall be granted pursuant to this chapter unless the notary public shows evidence of successful completion of a course of instruction concerning the issuance of confidential marriage licenses that was conducted by the county clerk in the county of registration. The course of instruction shall not exceed six hours in duration. (Amended by Stats. 2006, Ch. 816, Sec. 34. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  123. 533.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An approval to issue confidential marriage licenses is valid for one year and may be renewed for additional one-year periods if listed conditions are met.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 533. An approval to issue confidential marriage licenses pursuant to this chapter is valid for one year. The approval may be renewed for additional one-year periods provided the following conditions are met: (a) The applicant has not violated any of the provisions provided for in Section 531. (b) The applicant has successfully completed the course prescribed in Section 532. (c) The applicant has paid the renewal fee provided for in Section 536. (Amended by Stats. 2006, Ch. 816, Sec. 35. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  124. 534.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The county clerk must keep a public list of approved notaries public for confidential marriage licenses, and approved notaries must keep their Section 531 information current.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 534. (a) The county clerk shall maintain a list of the notaries public who are approved to issue confidential marriage licenses. The list shall be available for inspection by the public. (b) It is the responsibility of a notary public approved to issue confidential marriage licenses pursuant to this chapter to keep current the information required in paragraphs (1), (3), (4), and (5) of subdivision (b) of Section 531. This information shall be used by the county clerk to update the list required to be maintained by this section. (Amended by Stats. 2006, Ch. 816, Sec. 36. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  125. 535.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a notary approved to authorize confidential marriages is found to have violated the listed rules, the county clerk must hold a hearing and may suspend, revoke, or place the notary on probation; the clerk must also notify and report to the Secretary of State.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 535. (a) If, after an approval to issue confidential marriage licenses is granted pursuant to this chapter, it is discovered that the notary public has engaged in any of the actions specified in Section 8214.1 of the Government Code, the approval shall be revoked, and the county clerk shall notify the Secretary of State for whatever action the Secretary of State deems appropriate. Any fees paid by the notary public shall be retained by the county clerk. (b) If a notary public who is approved to authorize confidential marriages pursuant to this chapter is alleged to have violated a provision of this division, the county clerk shall conduct a hearing to determine if the approval of the notary public should be suspended or revoked. The notary public may present any evidence as is necessary in the notary public’s defense. If the county clerk determines that the notary public has violated a provision of this division, the county clerk may place the notary public on probation or suspend or revoke the notary public’s registration, and any fees paid by the notary public shall be retained by the county clerk. The county clerk shall report the findings of the hearing to the Secretary of State for whatever action the Secretary of State deems appropriate. (Amended by Stats. 2006, Ch. 816, Sec. 37. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  126. 536.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section sets a $300 fee for an application to authorize confidential marriages and a $300 fee for renewal of an approval.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. CONFIDENTIAL MARRIAGE [500 - 536] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages [530 - 536] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 536. (a) The fee for an application for approval to authorize confidential marriages pursuant to this chapter is three hundred dollars ($300). (b) The fee for renewal of an approval is three hundred dollars ($300). (c) Fees received pursuant to this chapter shall be deposited in a trust fund established by the county clerk. The money in the trust fund shall be used exclusively for the administration of the programs described in this chapter. (Amended by Stats. 2006, Ch. 816, Sec. 38. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  127. 550.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. Remote Marriage License Issuance and Solemnization [550 - 560] ( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. )

    Verify source ↗

    A county clerk may use remote technology to issue a marriage license, including a confidential marriage license, or to solemnize or witness a marriage ceremony, except for marriages of minors.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. Remote Marriage License Issuance and Solemnization [550 - 560] ( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. ) ## 550. Notwithstanding any other law, including, but not limited to, Section 420, a county clerk may issue a marriage license, including a confidential marriage license, or solemnize or witness a marriage ceremony under state law using remote technology pursuant to this part, except for a marriage of a minor, as set forth in Sections 302 to 304, inclusive, or any successor provisions. (Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
  128. 552.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. Remote Marriage License Issuance and Solemnization [550 - 560] ( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. )

    Verify source ↗

    A couple seeking a marriage license or solemnization under this part must show valid government-issued photo ID and any additional proof the county clerk requests, in the manner the clerk requires.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. Remote Marriage License Issuance and Solemnization [550 - 560] ( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. ) ## 552. A couple seeking a marriage license or solemnization pursuant to this part shall present, in the manner requested by the county clerk, a copy of a valid government-issued photo identification to verify their identity and any additional documentary proof requested by the county clerk. (Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
  129. 554.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. Remote Marriage License Issuance and Solemnization [550 - 560] ( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. )

    Verify source ↗

    Remote marriage license and remote solemnization may be used only if the couple, and certain other participants, are physically in California; the county clerk may also require an affidavit.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. Remote Marriage License Issuance and Solemnization [550 - 560] ( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. ) ## 554. (a) Each member of the couple shall be physically located in the State of California while using remote technology to obtain a marriage license pursuant to this part. (b) (1) Each member of the couple shall be in the same physical location in the State of California while using remote technology to solemnize their marriage pursuant to this part. (2) The person solemnizing the marriage, any necessary witnesses, and the county clerk shall all be physically located in the State of California, but may be at separate physical locations from each other and the couple solemnizing their marriage. (c) The county clerk may require a couple to complete an affidavit, in a form provided by the county clerk, affirming that they and each individual participating in a marriage solemnization using remote technology are physically present within the State of California in compliance with this part. (Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
  130. 556.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. Remote Marriage License Issuance and Solemnization [550 - 560] ( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. )

    Verify source ↗

    Remote marriage license applicants may sign and transmit documents electronically or by wet signature, and county clerks have discretion over how the license is signed or sent in several steps.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. Remote Marriage License Issuance and Solemnization [550 - 560] ( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. ) ## 556. (a) At the discretion of the county clerk, a couple applying for a marriage license using remote technology may sign their marriage license electronically or by original wet signature. The couple shall transmit a signed, legible copy of their marriage license by United States mail, fax, or electronic means directly to the county clerk, in the manner required by the county clerk. (b) At the discretion of the county clerk, a marriage license issued using the procedure described in this part may be transmitted to the applicants by United States mail, fax, or electronic means. (c) Before the solemnization of a marriage pursuant to this part, one or both of the parties to be married shall transmit the marriage license by United States mail, fax, or electronic means to the person solemnizing the marriage and any necessary witnesses, in the manner required by the county clerk. (d) At the discretion of the county clerk, the person solemnizing the marriage or any necessary witnesses may sign the marriage license electronically or by original wet signature and transmit the signed marriage license by United States mail, fax, or electronic means, in the manner required by the county clerk. (e) A county clerk who witnesses a marriage solemnized by someone other than the county clerk using remote technology may apply an electronic signature to the marriage license as a witness, and transmit the signed license to the person solemnizing the marriage by United States mail, fax, or electronic means. (Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
  131. 558.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. Remote Marriage License Issuance and Solemnization [550 - 560] ( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. )

    Verify source ↗

    A county clerk may give guidance on marriage license applications, issuance, and witnessing or solemnizing a marriage ceremony when the guidance concerns use of remote technology under this part.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. Remote Marriage License Issuance and Solemnization [550 - 560] ( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. ) ## 558. A county clerk may provide guidance relating to marriage license applications, marriage license issuance, and the witnessing or solemnizing of the marriage ceremony when the guidance relates to the use of their remote technology pursuant to this part. (Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
  132. 560.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. Remote Marriage License Issuance and Solemnization [550 - 560] ( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. )

    Verify source ↗

    This section defines “remote technology” for this part as county-clerk-provided audiovideo technology that lets the couple, and any others taking part in the solemnization, appear together from the same physical location and interact directly with each other and the county clerk.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. Remote Marriage License Issuance and Solemnization [550 - 560] ( Part 5 added by Stats. 2021, Ch. 620, Sec. 5. ) ## 560. For purposes of this part, “remote technology” means audiovideo technology that is provided by a county clerk and allows the couple, or the couple and others participating in a marriage solemnization, as applicable, to appear together from the same physical location and directly interact with each other and the county clerk. (Added by Stats. 2021, Ch. 620, Sec. 5. (AB 583) Effective October 7, 2021.)
  133. 5600.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 9. Intercounty Support Obligations [5600 - 5604] ( Article 9 added by Stats. 1997, Ch. 599, Sec. 35. )

    Verify source ↗

    A local child support agency or obligee may register certain support-related orders in another county.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 9. Intercounty Support Obligations [5600 - 5604] ( Article 9 added by Stats. 1997, Ch. 599, Sec. 35. ) ## 5600. (a) A local child support agency or obligee may register an order for support or earnings withholding, or both, obtained in another county of the state. (b) An obligee may register a support order in the court of another county of this state in the manner, with the effect, and for the purposes provided in this part. The orders may be registered in any county in which the obligor, the obligee, or the child who is the subject of the order resides, or in any county in which the obligor has income, assets, or any other property. (Amended by Stats. 2000, Ch. 808, Sec. 68. Effective September 28, 2000.)
  134. 5601.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 9. Intercounty Support Obligations [5600 - 5604] ( Article 9 added by Stats. 1997, Ch. 599, Sec. 35. )

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    A local child support agency may register an out-of-county support order if it is responsible for enforcement, and must then serve the obligor and the court clerk must notify other courts.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 9. Intercounty Support Obligations [5600 - 5604] ( Article 9 added by Stats. 1997, Ch. 599, Sec. 35. ) ## 5601. (a) When the local child support agency is responsible for the enforcement of a support order pursuant to Section 17400, the local child support agency may register a support order made in another county by utilizing the procedures set forth in Section 5602 or by filing all of the following in the superior court of the agency’s county: (1) An endorsed file copy of the most recent support order or a copy thereof. (2) A statement of arrearages, including an accounting of amounts ordered and paid each month, together with any added costs, fees, and interest. (3) A statement prepared by the local child support agency showing the post office address of the local child support agency, the last known place of residence or post office address of the obligor; the most recent address of the obligor set forth in the licensing records of the Department of Motor Vehicles, if known; and a list of other states and counties in California that are known to the local child support agency in which the original order of support and any modifications are registered. (b) The filing of the documents described in subdivision (a) constitutes registration under this chapter. (c) Promptly upon registration, the local child support agency, in compliance with the requirements of Section 1013 of the Code of Civil Procedure, or in any other manner as provided by law, shall serve the obligor with copies of the documents described in subdivision (a). (d) If a motion to vacate registration is filed under Section 5603, a party may introduce into evidence copies of pleadings, documents, or orders that have been filed in the original court or other courts where the support order has been registered or modified. Certified copies of the documents shall not be required unless a party objects to the authenticity or accuracy of the document, in which case it shall be the responsibility of the party who is asserting the authenticity of the document to obtain a certified copy of the questioned document. (e) Upon registration, the clerk of the court shall forward a notice of registration to the courts in other counties and states in which the original order for support and any modifications were issued or registered. Further proceedings regarding the obligor’s support obligations shall not be filed in other counties. (f) The procedure prescribed by this section may also be used to register support or wage and earnings assignment orders of other California jurisdictions that previously have been registered for purposes of enforcement only pursuant to the Uniform Interstate Family Support Act (Part 6 (commencing with Section 5700.101)) in another California county. The local child support agency may register such an order by filing an endorsed file copy of the registered California order plus any subsequent orders, including procedural amendments. (g) The Judicial Council shall develop the forms necessary to effectuate this section. These forms shall be available no later than July 1, 1998. (Amended by Stats. 2019, Ch. 115, Sec. 56. (AB 1817) Effective January 1, 2020.)
  135. 5602.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 9. Intercounty Support Obligations [5600 - 5604] ( Article 9 added by Stats. 1997, Ch. 599, Sec. 35. )

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    An obligee who is not the local child support agency may register an in-state support order, but must prepare and file the registration statement. The court clerk must file the papers without charging the obligee and must then mail notice and a copy of the order to the obligor.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 9. Intercounty Support Obligations [5600 - 5604] ( Article 9 added by Stats. 1997, Ch. 599, Sec. 35. ) ## 5602. (a) An obligee other than the local child support agency may register an order issued in this state using the same procedures specified in subdivision (a) of Section 5601, except that the obligee shall prepare and file the statement of registration. The statement shall be verified and signed by the obligee showing the mailing address of the obligee, the last known place of residence or mailing address of the obligor, and a list of other states and counties in California in which, to the obligee’s knowledge, the original order of support and any modifications are registered. (b) Upon receipt of the documents described in subdivision (a) of Section 5601, the clerk of the court shall file them without payment of a filing fee or other cost to the obligee. The filing constitutes registration under this chapter. (c) Promptly upon registration, the clerk of the court shall send, by any form of mail requiring a return receipt from the addressee only, to the obligor at the address given a notice of the registration with a copy of the registered support order and the post office address of the obligee. Proof shall be made to the satisfaction of the court that the obligor personally received the notice of registration by mail or other method of service. A return receipt signed by the obligor shall be satisfactory evidence of personal receipt. (Amended by Stats. 2000, Ch. 808, Sec. 70. Effective September 28, 2000.)
  136. 5603.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 9. Intercounty Support Obligations [5600 - 5604] ( Article 9 added by Stats. 1997, Ch. 599, Sec. 35. )

    Verify source ↗

    An obligor has 20 days after notice of registration to file a motion to vacate or seek other relief, and must serve the motion at least 15 days before the hearing. The court may stay enforcement if the required findings and security are shown.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 9. Intercounty Support Obligations [5600 - 5604] ( Article 9 added by Stats. 1997, Ch. 599, Sec. 35. ) ## 5603. (a) An obligor shall have 20 days after the service of notice of the registration of a California order of support in which to file a noticed motion requesting the court to vacate the registration or for other relief. In an action under this section, there shall be no joinder of actions, coordination of actions, or cross-complaints, and the claims or defenses shall be limited strictly to the identity of the obligor, the validity of the underlying California support order, or the accuracy of the obligee’s statement of the amount of support remaining unpaid unless the amount has been previously established by a judgment or order. The obligor shall serve a copy of the motion, personally or by first-class mail, on the local child support agency, private attorney representing the obligee, or obligee who is self-representing who filed the request for registration of the order, not less than 15 days prior to the date on which the motion is to be heard. If service is by mail, Section 1013 of the Code of Civil Procedure applies. If the obligor does not file the motion within 20 days, the registered California support order and all other documents filed pursuant to subdivision (a) of Section 5601 or Section 5602 are confirmed. (b) At the hearing on the motion to vacate the registration of the order, the obligor may present only matters that would be available to the obligor as defenses in an action to enforce a support judgment. If the obligor shows, and the court finds, that an appeal from the order is pending or that a stay of execution has been granted, the court shall stay enforcement of the order until the appeal is concluded, the time for appeal has expired, or the order is vacated, upon satisfactory proof that the obligor has furnished security for payment of the support ordered. If the obligor shows, and the court finds, any ground upon which enforcement of a California support order may be stayed, the court shall stay enforcement of the order for an appropriate period if the obligor furnishes security for payment of support. (Amended by Stats. 2019, Ch. 115, Sec. 57. (AB 1817) Effective January 1, 2020.)
  137. 5604.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 9. Intercounty Support Obligations [5600 - 5604] ( Article 9 added by Stats. 1997, Ch. 599, Sec. 35. )

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    California courts must give full faith and credit to a paternity determination made by another state.

    ## 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 8. Earnings Assignment Order [5200 - 5604] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 9. Intercounty Support Obligations [5600 - 5604] ( Article 9 added by Stats. 1997, Ch. 599, Sec. 35. ) ## 5604. A previous determination of paternity made by another state, whether established through voluntary acknowledgment procedures in effect in that state or through an administrative or judicial process shall be given full faith and credit by the courts in this state, and shall have the same effect as a paternity determination made in this state and may be enforced and satisfied in a like manner. (Added by Stats. 1997, Ch. 599, Sec. 35. Effective January 1, 1998.)
  138. 5610.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. )

    Verify source ↗

    This section defines “private child support collector” and sets a 50% business threshold for certain attorneys.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. ) ## 5610. For the purposes of this chapter, “private child support collector” means any individual, corporation, attorney, nonprofit organization, or other nongovernmental entity who is engaged by an obligee to collect child support ordered by a court or other tribunal for a fee or other consideration. The term does not include any attorney who addresses issues of ongoing child support or child support arrearages in the course of an action to establish parentage or a child support obligation, a proceeding under Division 10 (commencing with Section 6200), a proceeding for dissolution of marriage, legal separation, or nullity of marriage, or in postjudgment or modification proceedings related to any of those actions. A “private child support collector” includes any private, nongovernmental attorney whose business is substantially comprised of the collection or enforcement of child support. As used in this section, substantially means that at least 50 percent of the attorney’s business, either in terms of remuneration or time spent, is comprised of the activity of seeking to collect or enforce child support obligations for other individuals. (Added by Stats. 2006, Ch. 797, Sec. 1. Effective January 1, 2007.)
  139. 5611.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. )

    Verify source ↗

    Private child support collection contracts must be written, signed, delivered on paper, include listed disclosures, and use specified formatting; the collector must keep case records for 4 years and 4 months after the contract ends, and the obligee has cancellation and notice duties.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. ) ## 5611. (a) A contract for the collection of child support between a private child support collector and an obligee shall be in writing and written in simple language, in at least 10-point type, signed by the private child support collector and the obligee. The contract shall be delivered to the obligee in a paper form that the obligee may retain for their records. The contract shall include all of the following: (1) An explanation of the fees imposed by contract and otherwise permitted by law and an example of how they are calculated and deducted. (2) A statement that the amount of fees to be charged is set by the agency and is not set by state law. (3) A statement that the private child support collector cannot charge fees on current support if the obligee received any current child support during the 6 months preceding execution of the contract with the private collector. (4) An explanation of the nature of the services to be provided. (5) The expected duration of the contract, stated as a length of time or as an amount to be collected by the collection agency. (6) An explanation of the opportunities available to the obligee or private child support collector to cancel the contract or other conditions under which the contract terminates. (7) The mailing address, street address, telephone numbers, facsimile numbers, and internet address or location of the private child support collector. (8) A statement that the private child support collector is not a governmental entity and that governmental entities in California provide child support collection and enforcement services free of charge. (9) A statement that the private child support collector collects only money owed to the obligee and not support assigned to the state or county due to the receipt of CalWORKs or Temporary Assistance to Needy Families. (10) A statement that the private child support collector will not retain fees from collections that are primarily attributable to the actions of a governmental entity or any other person or entity and is required by law to refund any fees improperly retained. (11) A statement that the obligee may continue to receive, or may pursue, services through a governmental entity to collect support, and the private child support collection agency will not require or request that the obligee cease or refrain from engaging those services. (12) A notice that the private child support collector is required to keep and maintain case records for a period of four years and four months, after the expiration of the contract and may thereafter destroy or otherwise dispose of the records. The obligee may, prior to destruction or disposal, retrieve those portions of the records that are not confidential. (13) A “Notice of Cancellation,” which shall be included with the contract and which shall contain, in the same size font as the contract, the following statement, written in the same language as the contract: “Notice of CancellationYou may cancel this contract, without any penalty or obligation, within 15business days from the date the contract is signed or you receive this notice,whichever is later, or at any time if the private child support collectorcommits a material breach of any provision of the contract or a materialviolation of any provision of this chapter with respect to the obligee or theobligor, or _____________________________ (all other reasons forcancellation permitted).To cancel this contract, mail or deliver a signed copy of this cancellationnotice or any other written notice to ______________________(name ofprivate child support collector) at____________________________________________ (address for mail ordelivery) no later than midnight on ______________(date).I am canceling this contract.______________(date)________________________(signature)”(14) The following statement by the obligee on the first page of the contract: “I understand that this contract calls for (name of private child support collector) to collect money owed to me, and not money owed to the state or county. If child support is owed to the state or county because I am receiving or have received program benefits from CalWORKs or Temporary Assistance to Needy Families, then (name of private child support collector) cannot collect that money for me. If I start to receive program benefits from CalWORKs or Temporary Assistance to Needy Families during this contract, I must notify (name of private child support collector) in writing.” “I declare by my signature below that the child support to be collected for me pursuant to this contract is not assigned to the state or county as of the time I sign this contract. I agree that I will give written notice to the private child support collector if I apply for program benefits under CalWORKs or Temporary Assistance to Needy Families during the term of this contract.” (15) (A) The following statement by the obligee immediately above the signature line of the contract: “I understand that (name of private child support collector) will charge a fee for all the current child support and arrears it collects for me until the entire contract amount is collected or the contract terminates for another reason. I also understand that depending on the frequency and size of payments, it could take years for the amount specified in my contract to be collected. This means that if (name of private child support collector) is collecting my current support by wage withholding or other means, I will not receive the full amount of my periodic court-ordered current support until the contract terminates since (name of private child support collector) will be deducting its fee from the periodic court-ordered current support it collects for me.” (B) The statement required by subparagraph (A) shall: (i) Be in a type size that is at least equal to one-quarter of the largest type size used in the contract. In no event shall the disclosure be printed in less than 8-point type. (ii) Be in a contrasting style, and contrasting color or bold type, that is equally or more visible than the type used in the contract. (b) The disclosures required by paragraph (1) of subdivision (a) of Section 5612 shall be printed in the contract, as follows: (1) In a type size that is at least equal to one-quarter of the largest type size used in the contract. In no event shall the disclosure be printed in less than 8-point type. (2) In a contrasting style, and contrasting color or bold type that is equally or more visible than the type used in the contract. (3) Immediately above, below, or beside the stated fee without any intervening words, pictures, marks, or symbols. (4) In the same language as the contract. (Amended by Stats. 2019, Ch. 115, Sec. 58. (AB 1817) Effective January 1, 2020.)
  140. 5612.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. )

    Verify source ↗

    Private child support collectors must give specific disclosures in ads, initial phone calls, and contracts.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. ) ## 5612. (a) Each private child support collector: (1) That charges any initial fee, processing fee, application fee, filing fee, or other fee or assessment that must be paid by an obligee regardless of whether any child support collection is made on behalf of the obligee shall make the following disclosure in every radio, television, or print advertisement intended for a target audience consisting primarily of California residents: “(Name of private child support collector) is not a governmental entity and charges an upfront fee for its services even if it does not collect anything.” (2) That does not charge any fee or assessment specified in paragraph (1) shall make the following disclosure in every radio, television, or print advertisement aired for a target audience consisting primarily of California residents: “(Name of private child support collector) is not a governmental entity and charges a fee for its services.” (b) The disclosures required in subdivision (a) shall also be stated during the first 30 seconds of any initial telephone conversation with an obligee and in the private child support collector’s contract. (Added by Stats. 2006, Ch. 797, Sec. 1. Effective January 1, 2007.)
  141. 5613.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. )

    Verify source ↗

    An obligee may cancel a contract with a private support collector in specified situations, and the contract ends automatically when its term expires or the contract amount is fully collected.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. ) ## 5613. (a) An obligee shall have the right to cancel a contract with a private support collector under either of the following circumstances: (1) Within 15 business days of the later of signing the contract, or receiving a blank notice of cancellation form, or at any time if the private child support collector commits a material breach of any provision of the contract or a material violation of any provision of this chapter with respect to the obligee or the obligor. (2) At the end of any 12-month period in which the total amount collected by the private child support collector is less than 50 percent of the amount scheduled to be paid under a payment plan. (b) A contract shall automatically terminate when the contract term has expired or the contract amount has been collected, whichever occurs first. (Added by Stats. 2006, Ch. 797, Sec. 1. Effective January 1, 2007.)
  142. 5614.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. )

    Verify source ↗

    Private child support collectors must give obligees detailed payment information, keep records, protect confidential case files, provide access to nonconfidential records, and give written notice to the local child support agency before collecting.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. ) ## 5614. (a) A private child support collector shall do all of the following: (1) (A) Provide to an obligee all of the following information: (i) The name of, and any other identifying information relating to, an obligor who made child support payments collected by the private child support collector. (ii) The amount of support collected by the private child support collector. (iii) The date on which each amount was received by the private child support collector. (iv) The date on which each amount received by the private child support collector was sent to the obligee. (v) The amount of the payment sent to the obligee. (vi) The source of payment of support collected and the actions affirmatively taken by the private child support collector that resulted in the payment. (vii) The amount and percentage of each payment kept by the private child support collector as its fee. (B) The information required by subparagraph (A) shall be made available, at the option of the obligee, by mail, telephone, or via secure Internet access. If provided by mail, the notice shall be sent at least quarterly and, if provided by any other method, the information shall be updated and made available at least monthly. Information accessed by telephone and the Internet shall be up to date. (2) Maintain records of all child support collections made on behalf of a client who is an obligee. The records required under this section shall be maintained by the private child support collector for the duration of the contract plus a period of four years and four months from the date of the last child support payment collected by the private child support collector on behalf of an obligee. In addition to information required by paragraph (1), the private child support collector shall maintain the following: (A) A copy of the order establishing the child support obligation under which a collection was made by the private child support collector. (B) Records of all correspondence between the private child support collector and the obligee or obligor in a case. (C) Any other pertinent information relating to the child support obligation, including any case, cause, or docket number of the court having jurisdiction over the matter and official government payment records obtained by the private child support collector on behalf of, and at the request of, the obligee. (3) Safeguard case records in a manner reasonably expected to prevent intentional or accidental disclosure of confidential information pertaining to the obligee or obligor, including providing necessary protections for records maintained in an automated system. (4) Ensure that every person who contracts with a private child support collector has the right to review all files and documents, both paper and electronic, in the possession of the private child support collector for the information specified in this paragraph regarding that obligee’s case that are not required by law to be kept confidential. The obligee, during regular business hours, shall be provided reasonable access to and copies of the files and records of the private child support collector regarding all moneys received, collection attempts made, fees retained or paid to the private child support collector, and moneys disbursed to the obligee. The private child support collector may not charge a fee for access to the files and records, but may require the obligee to pay up to three cents ($0.03) per page for the copies prior to their release. (5) Provide, prior to commencing collection activities, written notice of a contract with an obligee to the local child support agency that is enforcing the obligee’s support order, if known, or the local child support agency for the county in which the obligee resides as of the time the contract is signed by the obligee. The notice shall identify the obligee, the obligor, and the amount of the arrearage claimed by the obligee. (b) A private child support collector shall not do any of the following: (1) Charge fees on current support if the obligee received any current child support during the six months preceding execution of the contract with the private child support collector. A private child support collector shall inquire of the obligee and record the month and year of the last current support payment and may rely on information provided by the obligee in determining whether a fee may be charged on current support. (2) Improperly retain fees from collections that are primarily attributable to the actions of a governmental entity. The private child support collector shall refund all of those fees to the obligee immediately upon discovery or notice of the improper retention of fees. (3) Collect or attempt to collect child support by means of conduct that is prohibited of a debt collector collecting a consumer debt under Sections 1788.10 to 1788.16, inclusive, of the Civil Code. This chapter does not modify, alter, or amend the definition of a debt or a debt collector under the Rosenthal Fair Debt Collection Practices Act (Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code). (4) Misstate the amount of the fee that may be lawfully paid to the private child support collector for the performance of the contract or the identity of the person who is obligated to pay that fee. (5) Make a false representation of the amount of child support to be collected. A private child support collector is not in violation of this paragraph if it reasonably relied on sufficient documentation provided by the government entity collecting child support, a court with jurisdiction over the support obligation, or from the obligee, or upon sufficient documentation provided by the obligor. (6) Ask a party other than the obligor to pay the child support obligation, unless that party is legally responsible for the obligation or is the legal representative of the obligor. (7) On or after January 1, 2007, require, as a condition of providing services to the obligee, that the obligee waive any right or procedure provided for in state law regarding the right to file and pursue a civil action, or that the obligee agree to resolve disputes in a jurisdiction outside of California or to the application of laws other than those of California, as provided by law. Any waiver by the obligee of the right to file and pursue a civil action, the right to file and pursue a civil action in California, or the right to rely upon California law as provided by law must be knowing, voluntary, and not made a condition of doing business with the private child support collector. Any waiver, including, but not limited to, an agreement to arbitrate or regarding choice of forum or choice of law, that is required as a condition of doing business with the private child support collector, shall be presumed involuntary, unconscionable, against public policy, and unenforceable. The private child support collector has the burden of proving that any waiver of rights, including an agreement to arbitrate a claim or regarding choice of forum or choice of law, was knowing, voluntary, and not made a condition of the contract with the obligee. (Amended by Stats. 2018, Ch. 504, Sec. 3. (AB 3248) Effective January 1, 2019.)
  143. 5615.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. )

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    This section lets a person sue for actual damages from a violation of the chapter, requires willful and knowing violators who are private child support collectors to pay a court-set civil penalty, and gives prevailing parties rights to costs and sometimes attorney’s fees.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. ) ## 5615. (a) (1) A person may bring an action for actual damages incurred as a result of a violation of this chapter. (2) In addition to actual damages, a private child support collector who willfully and knowingly violates the provisions of this chapter shall be liable for a civil penalty in an amount determined by the court, which may not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (3) (A) The prevailing party in any action pursuant to this chapter shall be entitled to recover the costs of the action. Reasonable attorney’s fees, which shall be based on the time necessarily expended to enforce the liability, shall be awarded to a prevailing party, other than the private child support collector, asserting rights under this chapter. Reasonable attorney’s fees may be awarded to a prevailing private child support collector if the court finds that the party bringing the action did not prosecute the action in good faith. (B) In an action by an obligor under this chapter, the private child support collector shall have no civil liability under this chapter to the obligor under any circumstance in which a debt collector would not have civil liability under Section 1788.30 of the Civil Code. (4) A private child support collector is not in violation of this chapter if the private child support collector shows, by a preponderance of the evidence, that the action complained of was not intentional and resulted from a bona fide error that occurred notwithstanding the use of reasonable procedures to avoid the error. (5) The remedies provided in this section are cumulative and are in addition to any other procedures, rights, or remedies available under any other law. (b) Any waiver of the rights, requirements, and remedies provided by this chapter violates public policy and is void. (c) Notwithstanding any other provision of this chapter, including provisions establishing a right of cancellation and requiring notice thereof, any contract for the collection of child support between an attorney who is a “private child support collector” pursuant to Section 5610 shall conform to the statutes, rules, and case law governing attorney conduct, including the provisions of law providing that a contract with an attorney is cancelable by the attorney’s client at any time. Upon cancellation of that contract, the attorney may seek compensation as provided by law, including, if applicable, a claim for the reasonable value of any services rendered to the attorney’s client pursuant to the doctrine of quantum meruit, provided those services lead to the collection of support and the compensation is limited to what would have been collected had the contract been in effect. To the extent that the provisions of this chapter are in conflict with the provisions of state law governing the conduct of attorneys, this chapter shall control. If there is no conflict, an attorney who is a “private child support collector” pursuant to Section 5610 shall conform to the provisions of this chapter. (Added by Stats. 2006, Ch. 797, Sec. 1. Effective January 1, 2007.)
  144. 5616.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. )

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    This section lets certain child support orders and court-approved agreements include a separate money judgment for private child support collection fees and related costs, sets limits on those fees, and restricts how the collector may enforce them.

    ## 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 9. Private Child Support Collectors [5610 - 5616] ( Chapter 9 added by Stats. 2006, Ch. 797, Sec. 1. ) ## 5616. (a) Every court order for child support issued on or after January 1, 2010, and every child support agreement providing for the payment of child support approved by a court on or after January 1, 2010, shall include a separate money judgment owed by the child support obligor to pay a fee not to exceed 33 and 1/3 percent of the total amount in arrears, and not to exceed 50 percent of the fee as charged by a private child support collector pursuant to a contract complying with this chapter and any other child support collections costs expressly permitted by the child support order for the collection efforts undertaken by the private child support collector. The money judgment shall be in favor of the private child support collector and the child support obligee, jointly, but shall not constitute a private child support collector lien on real property unless an abstract of judgment is recorded pursuant to subdivision (d). Except as provided in subdivision (c), the money judgment may be enforced by the private child support collector by any means available to the obligee for the enforcement of the child support order without any additional action or order by the court. Nothing in this chapter shall be construed to grant the private child support collector any enforcement remedies beyond those authorized by federal or state law. Any fee collected from the obligor pursuant to a contract complying with this chapter, shall not constitute child support. (b) If the child support order makes the obligor responsible for payment of collection fees and costs, fees that are deducted by a private child support collector may not be credited against child support arrearages or interest owing on arrearages or any other money owed by the obligor to the obligee. (c) If the order for child support requires payment of collection fees and costs by the obligor, then not later than five days after the date that the private child support collector makes its first collection, written notice shall be provided to the obligor of (1) the amount of arrearages subject to collection, (2) the amount of the collection that shall be applied to the arrearage, and (3) the amount of the collection that shall be applied to the fees and costs of collection. The notice shall provide that, in addition to any other procedures available, the obligor has 30 days to file a motion to contest the amount of collection fees and costs assessed against the obligor. (d) Any fees or monetary obligations resulting from the contract between an obligee parent and a private child support collector, or moneys owed to a private child support collector by the obligor parent or obligee parent as a result of the private child support collector’s efforts, does not create a lien on real property, unless an abstract of judgment is obtained from the court and recorded by the private child support collector against the real property in the county in which it is located, nor shall that amount be added to any existing lien created by a recorded abstract of support or be added to an obligation on any abstract of judgment. A private child support collector lien shall have the force, effect, and priority of a judgment lien. (e) An assignment to a private child support collector is a voluntary assignment for the purpose of collecting the domestic support obligation as defined in Section 101 of Title 11 of the United States Bankruptcy Code (11 U.S.C. Sec. 101 (14 A)). (Amended by Stats. 2011, Ch. 296, Sec. 92. (AB 1023) Effective January 1, 2012.)
  145. 5700.101.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 1. General Provisions [5700.101 - 5700.105] ( Chapter 1 added by Stats. 2015, Ch. 493, Sec. 5. )

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    This section names the part as the Uniform Interstate Family Support Act and notes a federal mandate requiring California to have that Act in effect.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 1. General Provisions [5700.101 - 5700.105] ( Chapter 1 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.101. (a) This part may be cited as the Uniform Interstate Family Support Act. (b) There is a federal mandate set forth in Section 666(f) of Title 42 of the United States Code requiring California to adopt and have in effect the Uniform Interstate Family Support Act, including any amendments officially adopted by the National Council of Commissioners on Uniform State Laws as of September 30, 2008. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  146. 5700.102.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 1. General Provisions [5700.101 - 5700.105] ( Chapter 1 added by Stats. 2015, Ch. 493, Sec. 5. )

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    This section defines key terms used in this part of the Family Code on interstate family support.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 1. General Provisions [5700.101 - 5700.105] ( Chapter 1 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.102. In this part: (1) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (2) “Child-support order” means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. (3) “Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. (4) “Duty of support” means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. (5) “Foreign country” means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and: (A) Which has been declared under the law of the United States to be a foreign reciprocating country; (B) Which has established a reciprocal arrangement for child support with this state as provided in Section 5700.308; (C) Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this part; or (D) In which the Convention is in force with respect to the United States. (6) “Foreign support order” means a support order of a foreign tribunal. (7) “Foreign tribunal” means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention. (8) “Home state” means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. (9) “Income” includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. (10) “Income-withholding order” means an order or other legal process directed to an obligor’s employer, or other debtor, as defined by Section 5208, to withhold support from the income of the obligor. (11) “Initiating tribunal” means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. (12) “Issuing foreign country” means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child. (13) “Issuing state” means the state in which a tribunal issues a support order or a judgment determining parentage of a child. (14) “Issuing tribunal” means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. (15) “Law” includes decisional and statutory law and rules and regulations having the force of law. (16) “Obligee” means: (A) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued; (B) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support; (C) an individual seeking a judgment determining parentage of the individual’s child; or (D) a person that is a creditor in a proceeding under Chapter 7. (17) “Obligor” means an individual, or the estate of a decedent that: (A) owes or is alleged to owe a duty of support; (B) is alleged but has not been adjudicated to be a parent of a child; (C) is liable under a support order; or (D) is a debtor in a proceeding under Chapter 7. (18) “Outside this state” means a location in another state or a country other than the United States, whether or not the country is a foreign country. (19) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (20) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (21) “Register” means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. (22) “Registering tribunal” means a tribunal in which a support order or judgment determining parentage of a child is registered. (23) “Responding state” means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country. (24) “Responding tribunal” means the authorized tribunal in a responding state or foreign country. (25) “Spousal-support order” means a support order for a spouse or former spouse of the obligor. (26) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe. (27) “Support enforcement agency” means a public official, governmental entity, or private agency authorized to: (A) seek enforcement of support orders or laws relating to the duty of support; (B) seek establishment or modification of child support; (C) request determination of parentage of a child; (D) attempt to locate obligors or their assets; or (E) request determination of the controlling child-support order. (28) “Support order” means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney’s fees, and other relief. (29) “Tribunal” means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  147. 5700.103.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 1. General Provisions [5700.101 - 5700.105] ( Chapter 1 added by Stats. 2015, Ch. 493, Sec. 5. )

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    This section designates the superior court as the state’s tribunal and the Department of Child Support Services as the state’s support enforcement agency.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 1. General Provisions [5700.101 - 5700.105] ( Chapter 1 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.103. (a) The superior court is the tribunal of this state. (b) The Department of Child Support Services is the support enforcement agency of this state. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  148. 5700.104.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 1. General Provisions [5700.101 - 5700.105] ( Chapter 1 added by Stats. 2015, Ch. 493, Sec. 5. )

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    This section says the remedies in this part are cumulative, and it does not make them the only way to establish or enforce a support order or give the state tribunal power over child custody or visitation orders in a proceeding under this part.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 1. General Provisions [5700.101 - 5700.105] ( Chapter 1 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.104. (a) Remedies provided by this part are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (b) This part does not: (1) provide the exclusive method of establishing or enforcing a support order under the law of this state; or (2) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this part. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  149. 5700.105.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 1. General Provisions [5700.101 - 5700.105] ( Chapter 1 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A state tribunal must apply Chapters 1 to 6, and sometimes Chapter 7, in certain support proceedings; in comity-based recognition and enforcement, it may also apply the procedural and substantive provisions of Chapters 1 to 6.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 1. General Provisions [5700.101 - 5700.105] ( Chapter 1 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.105. (a) A tribunal of this state shall apply Chapters 1 through 6 and, as applicable, Chapter 7, to a support proceeding involving: (1) a foreign support order; (2) a foreign tribunal; or (3) an obligee, obligor, or child residing in a foreign country. (b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Chapters 1 through 6. (c) Chapter 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Chapter 7 is inconsistent with Chapters 1 through 6, Chapter 7 controls. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  150. 5700.201.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A California tribunal may exercise personal jurisdiction over a nonresident individual in support or parentage proceedings if one of the listed connections to the state exists.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.201. (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if: (1) the individual is personally served with notice within this state; (2) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) the individual resided with the child in this state; (4) the individual resided in this state and provided prenatal expenses or support for the child; (5) the child resides in this state as a result of the acts or directives of the individual; (6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; (7) the individual has filed a declaration of paternity pursuant to Chapter 3 (commencing with Section 7570) of Part 2 of Division 12, maintained in this state by the Department of Child Support Services; or (8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction. (b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child-support order of another state unless the requirements of Section 5700.611 are met, or, in the case of a foreign support order, unless the requirements of Section 5700.615 are met. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  151. 5700.202.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A California tribunal keeps personal jurisdiction over a support-order proceeding while it has continuing, exclusive jurisdiction to modify or enforce the order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.202. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this part or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 5700.205, 5700.206, and 5700.211. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  152. 5700.203.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A tribunal of this state may act as an initiating tribunal to forward proceedings to another state, and as a responding tribunal for proceedings started in another state or a foreign country.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.203. Under this part, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  153. 5700.204.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A tribunal of this state may exercise jurisdiction to establish a support order only in the specified interstate or foreign-country filing circumstances, and may not do so in the opposite filing sequence 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 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.204. (a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: (1) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country; (2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and (3) if relevant, this state is the home state of the child. (b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if: (1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state; (2) the contesting party timely challenges the exercise of jurisdiction in this state; and (3) if relevant, the other state or foreign country is the home state of the child. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  154. 5700.205.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. )

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    This section says when a California tribunal keeps, loses, or recognizes continuing exclusive jurisdiction to modify a child-support order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.205. (a) A tribunal of this state that has issued a child-support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child-support order if the order is the controlling order and: (1) at the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order. (b) A tribunal of this state that has issued a child-support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if: (1) all of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or (2) its order is not the controlling order. (c) If a tribunal of another state has issued a child-support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act which modifies a child-support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. (d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child-support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  155. 5700.206.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A California tribunal that issued a qualifying child-support order may ask another state’s tribunal to enforce the order or collect certain arrears and interest, and a tribunal with continuing jurisdiction may act as a responding tribunal to enforce the order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.206. (a) A tribunal of this state that has issued a child-support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: (1) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or (2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order. (b) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  156. 5700.207.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. )

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    This section tells a state tribunal how to decide which child-support order controls when there are multiple orders, and requires recognition of the controlling order.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.207. (a) If a proceeding is brought under this part and only one tribunal has issued a child-support order, the order of that tribunal controls and must be recognized. (b) If a proceeding is brought under this part, and two or more child-support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized: (1) If only one of the tribunals would have continuing, exclusive jurisdiction under this part, the order of that tribunal controls. (2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this part: (A) an order issued by a tribunal in the current home state of the child controls; or (B) if an order has not been issued in the current home state of the child, the order most recently issued controls. (3) If none of the tribunals would have continuing, exclusive jurisdiction under this part, the tribunal of this state shall issue a child-support order, which controls. (c) If two or more child-support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification pursuant to Chapter 6, or may be filed as a separate proceeding. (d) A request to determine which is the controlling order must be accompanied by a copy of every child-support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in Section 5700.205 or 5700.206. (f) A tribunal of this state that determines by order which is the controlling order under subsection (b)(1) or (2) or (c), or that issues a new controlling order under subsection(b)(3), shall state in that order: (1) the basis upon which the tribunal made its determination; (2) the amount of prospective support, if any; and (3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Section 5700.209. (g) Within 30 days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. (h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this part. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  157. 5700.208.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A California tribunal must enforce qualifying child-support orders from this state or another state/foreign country the same way as local orders.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.208. In responding to registrations or petitions for enforcement of two or more child-support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  158. 5700.209.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A California tribunal must credit child-support amounts collected for one period against amounts owed for the same period under another child-support order for the same child.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.209. A tribunal of this state shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of this state, another state, or a foreign country. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  159. 5700.210.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A California tribunal with personal jurisdiction over a nonresident in certain support-related proceedings may take out-of-state evidence, communicate with tribunals outside the state, and obtain discovery through them; otherwise it must apply California procedural and substantive law.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.210. A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this part, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to Section 5700.316, communicate with a tribunal outside this state pursuant to Section 5700.317, and obtain discovery through a tribunal outside this state pursuant to Section 5700.318. In all other respects, Chapters 3 through 6 do not apply, and the tribunal shall apply the procedural and substantive law of this state. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  160. 5700.211.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A California tribunal with continuing, exclusive jurisdiction may modify its own spousal-support order, but may not modify another state’s or foreign country’s order that has that jurisdiction there.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 2. Jurisdiction [5700.201 - 5700.211] ( Chapter 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.211. (a) A tribunal of this state issuing a spousal-support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal-support order throughout the existence of the support obligation. (b) A tribunal of this state may not modify a spousal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country. (c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal-support order may serve as: (1) an initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this state; or (2) a responding tribunal to enforce or modify its own spousal-support order. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  161. 5700.301.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

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    This section says the chapter applies to proceedings under the part, and certain petitioners or support enforcement agencies may start a proceeding by filing in the proper tribunal.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.301. (a) Except as otherwise provided in this part, this chapter applies to all proceedings under this part. (b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this part by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  162. 5700.302.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A minor parent, or the minor parent’s guardian or other legal representative, may bring a proceeding 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 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.302. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  163. 5700.303.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A responding tribunal in this state must apply the usual procedural and substantive law for similar in-state proceedings, may use the powers and remedies available in those proceedings, and must determine support and the amount payable under this state’s law and support guidelines, unless this part provides otherwise.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.303. Except as otherwise provided in this part, a responding tribunal of this state shall: (1) apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and (2) determine the duty of support and the amount payable in accordance with the law and support guidelines of this state. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  164. 5700.304.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

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    When a qualifying petition is filed, the initiating tribunal must send it and its documents to the proper responding tribunal or agency; if requested, it must also issue required documents and, for a foreign responding tribunal, state the support amount and convert it to the foreign currency.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.304. (a) Upon the filing of a petition authorized by this part, an initiating tribunal of this state shall forward the petition and its accompanying documents: (1) to the responding tribunal or appropriate support enforcement agency in the responding state; or (2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  165. 5700.305.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A responding tribunal must file received support pleadings, notify the petitioner, include support-calculation details in support orders, send copies of orders, and convert requested foreign-currency amounts into dollars; it may also take several enforcement actions, but may not tie support payment to visitation compliance.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.305. (a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Section 5700.301(b), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following: (1) establish or enforce a support order, modify a child-support order, determine the controlling child-support order, or determine parentage of a child; (2) order an obligor to comply with a support order, specifying the amount and the manner of compliance; (3) order income withholding; (4) determine the amount of any arrearages, and specify a method of payment; (5) enforce orders by civil or criminal contempt, or both; (6) set aside property for satisfaction of the support order; (7) place liens and order execution on the obligor’s property; (8) order an obligor to keep the tribunal informed of the obligor’s current residential address, electronic-mail address, telephone number, employer, address of employment, and telephone number at the place of employment; (9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants; (10) order the obligor to seek appropriate employment by specified methods; (11) award reasonable attorney’s fees and other fees and costs; and (12) grant any other available remedy. (c) A responding tribunal of this state shall include in a support order issued under this part, or in the documents accompanying the order, the calculations on which the support order is based. (d) A responding tribunal of this state may not condition the payment of a support order issued under this part upon compliance by a party with provisions for visitation. (e) If a responding tribunal of this state issues an order under this part, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. (f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  166. 5700.306.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

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    If an inappropriate tribunal in this state receives a petition or similar pleading, it must send the pleading and documents to the proper tribunal and tell the petitioner where and when it was sent.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.306. If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  167. 5700.307.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

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    A California support enforcement agency must provide services on request and take specified steps when assisting a petitioner.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.307. (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this part. (b) A support enforcement agency of this state that is providing services to the petitioner shall: (1) take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent; (2) request an appropriate tribunal to set a date, time, and place for a hearing; (3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) within 14 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner; (5) within 14 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and (6) notify the petitioner if jurisdiction over the respondent cannot be obtained. (c) A support enforcement agency of this state that requests registration of a child-support order in this state for enforcement or for modification shall make reasonable efforts: (1) to ensure that the order to be registered is the controlling order; or (2) if two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. (d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported. (e) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child-support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Section 5700.319. (f) This part does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  168. 5700.308.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

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    The Attorney General or the Department of Child Support Services may direct a support enforcement agency to do its duties, or provide services directly, if the agency is neglecting or refusing services. The department may also determine whether a foreign country has a reciprocal child support arrangement with the state and notify others of that determination.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.308. (a) If the Attorney General or the Department of Child Support Services determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General or the department may order the agency to perform its duties under this part or may provide those services directly to the individual. (b) The Department of Child Support Services, in consultation with the Attorney General, may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  169. 5700.309.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    An individual may hire private counsel to represent them in proceedings authorized by this part.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.309. An individual may employ private counsel to represent the individual in proceedings authorized by this part. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  170. 5700.310.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    The Department of Child Support Services is the state information agency under this part, and that agency must keep lists and registers, forward documents to the right tribunal, and gather location information about obligors and their property.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.310. (a) The Department of Child Support Services is the state information agency under this part. (b) The state information agency shall: (1) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this part and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (2) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states; (3) forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor’s property is believed to be located, all documents concerning a proceeding under this part received from another state or a foreign country; and (4) obtain information concerning the location of the obligor and the obligor’s property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor’s address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver’s licenses, and social security. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  171. 5700.311.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A petitioner in certain support or parentage proceedings must file a petition and include specified information and documents.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.311. (a) In a proceeding under this part, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under Section 5700.312, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent. (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  172. 5700.312.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    If disclosure of identifying information would jeopardize a party’s or child’s health, safety, or liberty, the information must be sealed and not disclosed to the other party or the public.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.312. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  173. 5700.313.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    The tribunal can shift certain fees and costs in support proceedings, but the petitioner generally cannot be required to pay filing fees or other costs.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.313. (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney’s fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee’s witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or responding state or foreign country, except as provided by other law. Attorney’s fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney’s own name. Payment of support owed to the obligee has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs and reasonable attorney’s fees if it determines that a hearing was requested primarily for delay. In a proceeding under Chapter 6, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  174. 5700.314.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A petitioner’s participation in a proceeding under this part does not create personal jurisdiction in another proceeding, and a petitioner is generally immune from service of civil process while physically present in the state to participate.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.314. (a) Participation by a petitioner in a proceeding under this part before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this part. (c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this part committed by a party while physically present in this state to participate in the proceeding. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  175. 5700.315.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    If a child’s parentage has already been determined by law, that party may not use nonparentage as a defense in a proceeding under this part.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.315. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this part. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  176. 5700.316.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    This section sets evidence and testimony rules for interstate support and parentage proceedings.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.316. (a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state. (c) A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made. (d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. (e) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission. (f) In a proceeding under this part, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony. (g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this part. (i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this part. (j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  177. 5700.317.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A tribunal of this state may communicate with, and furnish information to, a tribunal outside this state by record, telephone, email, or other means.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.317. A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  178. 5700.318.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A tribunal of this state may ask an out-of-state tribunal for help with discovery and may compel a person within its jurisdiction to comply with an out-of-state discovery order, if requested.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.318. A tribunal of this state may: (1) request a tribunal outside this state to assist in obtaining discovery; and (2) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  179. 5700.319.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    Support enforcement agencies and certain state tribunals must promptly disburse support payments and provide certified payment statements when requested.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 3. Civil Provisions of General Application [5700.301 - 5700.319] ( Chapter 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.319. (a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received. (b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the Department of Child Support Services or a tribunal of this state shall: (1) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and (2) issue and send to the obligor’s employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments. (c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  180. 5700.401.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 4. Establishment of Support Order or Determination of Parentage [5700.401 - 5700.402] ( Chapter 4 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A responding tribunal may issue support orders, including temporary child-support orders, in specified cross-border situations, and must issue a support order after finding an obligor owes support.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 4. Establishment of Support Order or Determination of Parentage [5700.401 - 5700.402] ( Chapter 4 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.401. (a) If a support order entitled to recognition under this part has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if: (1) the individual seeking the order resides outside this state; or (2) the support enforcement agency seeking the order is located outside this state. (b) The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is: (1) a presumed father of the child; (2) petitioning to have his paternity adjudicated; (3) identified as the father of the child through genetic testing; (4) an alleged father who has declined to submit to genetic testing; (5) shown by clear and convincing evidence to be the father of the child; (6) an acknowledged father as provided by applicable state law; (7) the mother of the child; or (8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated. (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Section 5700.305. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  181. 5700.402.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 4. Establishment of Support Order or Determination of Parentage [5700.401 - 5700.402] ( Chapter 4 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A California tribunal authorized to determine parentage may serve as a responding tribunal in a parentage proceeding under this part or a substantially similar law or procedure.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 4. Establishment of Support Order or Determination of Parentage [5700.401 - 5700.402] ( Chapter 4 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.402. A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this part or a law or procedure substantially similar to this part. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  182. 5700.501.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A party may send an out-of-state income-withholding order to the obligor’s employer without first filing a petition or registering the order with a California tribunal.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.501. An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor’s employer under Section 5210 without first filing a petition or comparable pleading or registering the order with a tribunal of this state. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  183. 5700.502.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    An employer receiving an income-withholding order must promptly give the obligor a copy, treat qualifying out-of-state orders like in-state orders, and withhold and distribute funds as directed, subject to listed exceptions.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.502. (a) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state. (c) Except as otherwise provided in subsection (d) and Section 5700.503, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify: (1) the duration and amount of periodic payments of current child support, stated as a sum certain; (2) the person designated to receive payments and the address to which the payments are to be forwarded; (3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment; (4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee’s attorney, stated as sums certain; and (5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (d) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to: (1) the employer’s fee for processing an income-withholding order; (2) the maximum amount permitted to be withheld from the obligor’s income; and (3) the times within which the employer must implement the withholding order and forward the child-support payment. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  184. 5700.503.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    If an employer gets two or more income-withholding orders for the same obligor, the employer satisfies them by following the law of the obligor’s principal workplace state to set withholding priorities.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.503. If an obligor’s employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child-support obligees. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  185. 5700.504.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    An employer that follows an out-of-state income-withholding order under this chapter is not subject to civil liability for withholding child support from the obligor’s income.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.504. An employer that complies with an income-withholding order issued in another state in accordance with this chapter is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support from the obligor’s income. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  186. 5700.505.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    An employer that willfully ignores an out-of-state income-withholding order received for enforcement can face the same penalties as for ignoring a tribunal order from this state.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.505. An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  187. 5700.506.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    An obligor may contest an out-of-state income-withholding order received by an employer in this state, and must give notice of the contest to specified parties.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.506. (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Chapter 6, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state. (b) The obligor shall give notice of the contest to: (1) a support enforcement agency providing services to the obligee; (2) each employer that has directly received an income-withholding order relating to the obligor; and (3) the person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  188. 5700.507.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A party or support enforcement agency may send registration documents to this state’s support enforcement agency, which must consider administrative enforcement first and must register the order if the obligor contests enforcement.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 5. Enforcement of Support Order Without Registration [5700.501 - 5700.507] ( Chapter 5 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.507. (a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state. (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this part. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  189. 5700.601.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 1. Registration for Enforcement of Support Order [5700.601 - 5700.604] ( Article 1 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A support order or income-withholding order from another state, or a foreign support order, may be registered in this state for enforcement.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 1. Registration for Enforcement of Support Order [5700.601 - 5700.604] ( Article 1 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.601. A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  190. 5700.602.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 1. Registration for Enforcement of Support Order [5700.601 - 5700.604] ( Article 1 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A person may register certain support orders in this state by sending specified records to the proper tribunal, and the tribunal must file the order when it receives the request.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 1. Registration for Enforcement of Support Order [5700.601 - 5700.604] ( Article 1 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.602. (a) Except as otherwise provided in Section 5700.706, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state: (1) a letter of transmittal to the tribunal requesting registration and enforcement; (2) two copies, including one certified copy, of the order to be registered, including any modification of the order; (3) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) the name of the obligor and, if known: (A) the obligor’s address and social security number; (B) the name and address of the obligor’s employer and any other source of income of the obligor; and (C) a description and the location of property of the obligor in this state not exempt from execution; and (5) except as otherwise provided in Section 5700.312, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted. (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form. (c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought. (d) If two or more orders are in effect, the person requesting registration shall: (1) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section; (2) specify the order alleged to be the controlling order, if any; and (3) specify the amount of consolidated arrears, if any. (e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  191. 5700.603.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 1. Registration for Enforcement of Support Order [5700.601 - 5700.604] ( Article 1 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A support order from another state or a foreign support order is registered when filed in the registering tribunal. Once registered, it must be enforced like a local order, and the state tribunal may not modify it if the issuing tribunal had jurisdiction, unless this part provides otherwise.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 1. Registration for Enforcement of Support Order [5700.601 - 5700.604] ( Article 1 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.603. (a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state. (b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state. (c) Except as otherwise provided in this part, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  192. 5700.604.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 1. Registration for Enforcement of Support Order [5700.601 - 5700.604] ( Article 1 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A responding tribunal must use this state’s procedures and remedies to enforce registered out-of-state or foreign support orders, and a California tribunal must later apply the issuing jurisdiction’s law after a controlling order and arrears consolidation are determined.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 1. Registration for Enforcement of Support Order [5700.601 - 5700.604] ( Article 1 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.604. (a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs: (1) the nature, extent, amount, and duration of current payments under a registered support order; (2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) the existence and satisfaction of other obligations under the support order. (b) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies. (c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state. (d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  193. 5700.605.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 2. Contest of Validity or Enforcement [5700.605 - 5700.608] ( Article 2 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    When certain support orders are registered, the registering tribunal must notify the nonregistering party and include specified documents and information.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 2. Contest of Validity or Enforcement [5700.605 - 5700.608] ( Article 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.605. (a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (b) A notice must inform the nonregistering party: (1) that a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; (2) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under Section 5700.707; (3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and (4) of the amount of any alleged arrearages. (c) If the registering party asserts that two or more orders are in effect, a notice must also: (1) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any; (2) notify the nonregistering party of the right to a determination of which is the controlling order; (3) state that the procedures provided in subsection (b) apply to the determination of which is the controlling order; and (4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. (d) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer pursuant to Chapter 8 (commencing with Section 5200) of Part 5. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  194. 5700.606.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 2. Contest of Validity or Enforcement [5700.605 - 5700.608] ( Article 2 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A nonregistering party must request a hearing within the time required by Section 5700.605 to contest a registered support order, and the tribunal must then schedule the hearing and notify the parties.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 2. Contest of Validity or Enforcement [5700.605 - 5700.608] ( Article 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.606. (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Section 5700.605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Section 5700.607. (b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  195. 5700.607.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 2. Contest of Validity or Enforcement [5700.605 - 5700.608] ( Article 2 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A person challenging a registered support order must prove one or more listed defenses, and the tribunal may pause enforcement or take other steps if a defense is shown.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 2. Contest of Validity or Enforcement [5700.605 - 5700.608] ( Article 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.607. (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) the issuing tribunal lacked personal jurisdiction over the contesting party; (2) the order was obtained by fraud; (3) the order has been vacated, suspended, or modified by a later order; (4) the issuing tribunal has stayed the order pending appeal; (5) there is a defense under the law of this state to the remedy sought; (6) full or partial payment has been made; (7) the statute of limitation under Section 5700.604 precludes enforcement of some or all of the alleged arrearages; or (8) the alleged controlling order is not the controlling order. (b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state. (c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  196. 5700.608.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 2. Contest of Validity or Enforcement [5700.605 - 5700.608] ( Article 2 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A confirmed registered support order cannot be further contested on matters that could have been raised when it was registered.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 2. Contest of Validity or Enforcement [5700.605 - 5700.608] ( Article 2 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.608. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  197. 5700.609.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 3. Registration and Modification of Child-Support Order of Another State [5700.609 - 5700.614] ( Article 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A party or support enforcement agency must register an unregistered out-of-state child-support order in this state before seeking modification or modification plus enforcement.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 3. Registration and Modification of Child-Support Order of Another State [5700.609 - 5700.614] ( Article 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.609. A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this state in the same manner provided in Sections 5700.601 through 5700.608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  198. 5700.610.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 3. Registration and Modification of Child-Support Order of Another State [5700.609 - 5700.614] ( Article 3 added by Stats. 2015, Ch. 493, Sec. 5. )

    Verify source ↗

    A California tribunal may enforce a child-support order from another state if it is registered for modification, and it may modify that order only if Section 5700.611 or 5700.613 requirements are met.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 3. Registration and Modification of Child-Support Order of Another State [5700.609 - 5700.614] ( Article 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.610. A tribunal of this state may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of Section 5700.611 or 5700.613 have been met. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  199. 5700.611.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 3. Registration and Modification of Child-Support Order of Another State [5700.609 - 5700.614] ( Article 3 added by Stats. 2015, Ch. 493, Sec. 5. )

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    This section lets a California tribunal modify an out-of-state child-support order only in specified circumstances, and it bars modification of parts that the issuing state’s law does not allow to be modified.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 3. Registration and Modification of Child-Support Order of Another State [5700.609 - 5700.614] ( Article 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.611. (a) If Section 5700.613 does not apply, upon petition a tribunal of this state may modify a child-support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that: (1) the following requirements are met: (A) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state; (B) a petitioner who is a nonresident of this state seeks modification; and (C) the respondent is subject to the personal jurisdiction of the tribunal of this state; or (2) this state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction. (b) Modification of a registered child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner. (c) A tribunal of this state may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under Section 5700.207 establishes the aspects of the support order which are nonmodifiable. (d) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state. (e) On the issuance of an order by a tribunal of this state modifying a child-support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction. (f) Notwithstanding subsections (a) through (e) and Section 5700.201(b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if: (1) one party resides in another state; and (2) the other party resides outside the United States. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
  200. 5700.612.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 3. Registration and Modification of Child-Support Order of Another State [5700.609 - 5700.614] ( Article 3 added by Stats. 2015, Ch. 493, Sec. 5. )

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    If another state modifies a California child-support order under the Uniform Interstate Family Support Act, a California tribunal may enforce only pre-modification arrears and interest, may give relief for earlier violations, and must recognize the other state’s order after registration for enforcement.

    ## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 3. Registration and Modification of Child-Support Order of Another State [5700.609 - 5700.614] ( Article 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.612. If a child-support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state: (1) may enforce its order that was modified only as to arrears and interest accruing before the modification; (2) may provide appropriate relief for violations of its order which occurred before the effective date of the modification; and (3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)

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