Section 17404.1 Of Article 1. Support Obligations From California Family Law Code >> Division 17. >> Chapter 2. >> Article 1.
17404.1
. (a) Upon receipt of a petition or comparable pleading
pursuant to Part 6 (commencing with Section 5700.101) of Division 9,
the local child support agency or petitioner may either (1) request
the issuance of a summons or (2) request the court to issue an order
requiring the respondent to appear personally at a specified time and
place to show cause why an order should not be issued as prayed in
the petition or comparable pleading on file.
(b) The respondent may also be served with a proposed judgment
consistent with the relief sought in the petition or other comparable
pleading. If the respondent's income or income history is unknown to
the local child support agency, the local child support agency may
serve a form of proposed judgment with the petition and other
documents on the respondent that shall inform the respondent that
income shall be presumed to be the amount of the state minimum wage,
at 40 hours per week, unless information concerning the respondent's
income is provided to the court. The respondent shall also receive
notice that the proposed judgment will become effective if he or she
fails to file a response with the court within 30 days after service.
(c) If a summons is issued for a petition or comparable pleading
pursuant to Part 6 (commencing with Section 5700.101) of Division 9,
the local child support agency or petitioner shall cause a copy of
the summons, petition, and other documents to be served upon the
respondent according to law.
(d) If an order to show cause is issued on a petition or
comparable pleading pursuant to Part 6 (commencing with Section
5700.101) of Division 9 requiring the respondent to appear at a
specified time and place to respond to the petition, a copy of the
order to show cause, the petition, and other documents shall be
served upon the respondent at least 15 days prior to the hearing.
(e) A petition or comparable pleading served upon a respondent in
accordance with this section shall be accompanied by a blank
responsive form that shall permit the respondent to answer the
petition and raise any defenses by checking applicable boxes and by a
blank income and expense declaration or simplified financial
statement together with instructions for completion of the forms.
(f) In any action pursuant to Part 6 (commencing with Section
5700.101) of Division 9 in which the judgment was obtained pursuant
to presumed income, as set forth in this section, the court may set
aside that part of the judgment or order concerning the amount of
child support to be paid on the grounds specified and in the manner
set forth in Section 17432.