Article 3. Application To Reduce Or Eliminate Deposit of California Family Law Code >> Division 9. >> Part 5. >> Chapter 2. >> Article 3.
(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
(1) The obligor has provided adequate alternative equivalent
security to assure timely payment of the amount required by Section
(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.
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.
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.