Chapter 5. Expedited Child Support Order of California Family Law Code >> Division 9. >> Part 1. >> Chapter 5.
An order under this chapter shall be known as an expedited
In an action for child support that has been filed and
served, the court may, without a hearing, make an order requiring a
parent or parents to pay for the support of their minor child or
children during the pendency of that action, pursuant to this
chapter, the amount required by Section 4055 or, if the income of the
obligated parent or parents is unknown to the applicant, then the
minimum amount of support as provided in Section 11452 of the Welfare
and Institutions Code.
The court shall make an expedited support order upon the
filing of all of the following:
(a) An application for an expedited child support order, setting
forth the minimum amount the obligated parent or parents are required
to pay pursuant to Section 4055 of this code or the minimum basic
standards of adequate care for Region 1 as specified in Sections
11452 and 11452.018 of the Welfare and Institutions Code.
(b) An income and expense declaration for both parents, completed
by the applicant.
(c) A worksheet setting forth the basis of the amount of support
(d) A proposed expedited child support order.
(a) An application for the expedited support order confers
jurisdiction on the court to hear only the issue of support of the
child or children for whom support may be ordered.
(b) Nothing in this chapter prevents either party from bringing
before the court at the hearing other separately noticed issues
otherwise relevant and proper to the action in which the application
for the expedited support order has been filed.
(a) Subject to Section 3625, an expedited support order
becomes effective 30 days after service on the obligated parent of
all of the following:
(1) The application for an expedited child support order.
(2) The proposed expedited child support order, which shall
include a notice of consequences of failure to file a response.
(3) The completed income and expense declaration for both parents.
(4) A worksheet setting forth the basis of the amount of support
(5) Three blank copies of the income and expense declaration form.
(6) Three blank copies of the response to an application for
expedited child support order and notice of hearing form.
(b) Service on the obligated parent of the application and other
required documents as set forth in subdivision (a) shall be by
personal service or by any method available under Sections 415.10 to
415.40, inclusive, of the Code of Civil Procedure.
(c) Unless there is a response to the application for an expedited
support order as provided in Section 3625, the expedited support
order shall be effective on the obligated parent without further
action by the court.
(a) A response to the application for the proposed expedited
support order and the obligated parent's income and expense
declaration may be filed with the court at any time before the
effective date of the expedited support order and, on filing, shall
be served upon the applicant by any method by which a response to a
notice of motion may be served.
(b) The response to the application for an expedited support order
shall state the objections of the obligated parent to the proposed
expedited support order.
(c) The simultaneous filing of the response to the application for
an expedited support order and the obligated parent's income and
expense declaration shall stay the effective date of the expedited
(d) No fee shall be charged for, or in connection with, the filing
of the response.
The obligated parent shall cause the court clerk to, and the
court clerk shall, set a hearing on the application for the expedited
support order not less than 20 nor more than 30 days after the
filing of the response to the application for the expedited support
order and income and expense declaration.
The obligated parent shall give notice of the hearing to the
other parties or their counsel by first-class mail not less than 15
days before the hearing.
If notice of the hearing is not given as provided in Section
3627, the expedited support order becomes effective as provided in
Section 3624, subject to the relief available to the responding party
as provided by Section 473 of the Code of Civil Procedure or any
other available relief whether in law or in equity.
(a) At the hearing on the application for the expedited
support order, all parties who are parents of the child or children
who are the subject of the action shall produce copies of their most
recently filed federal and state income tax returns.
(b) A tax return so submitted may be reviewed by the other
parties, and a party also may be examined by the other parties as to
the contents of the return.
(c) Except as provided in subdivision (d), a party who fails to
submit documents to the court as required by this chapter shall not
be granted the relief that the party has requested.
(d) The court may grant the requested relief if the party submits
a declaration under penalty of perjury that (1) no such document
exists, or (2) in the case of a tax return, it cannot be produced,
but a copy has been requested from the Internal Revenue Service or
Franchise Tax Board.
(a) Except as provided in subdivision (b), the amount of the
expedited support order shall be the minimum amount the obligated
parent is required to pay as set forth in the application.
(b) If a hearing is held on the application, the court shall order
an amount of support in accordance with Article 2 (commencing with
Section 4050) of Chapter 2 of Part 2.
When there is a hearing, the resulting order shall be called
an order after hearing.
An order after hearing shall become effective not more than
30 days after the filing of the response to the application for the
expedited support order and may be given retroactive effect to the
date of the filing of the application.
An order entered under this chapter may be modified or
terminated at any time on the same basis as any other order for child
The Judicial Council shall prepare all forms necessary to
give effect to this chapter.