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