Article 2. Order For Deposit Of Assets of California Family Law Code >> Division 9. >> Part 5. >> Chapter 3. >> Article 2.
(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.
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
(b) The obligor had the ability to pay the support.
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.
(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.
(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
(i) Other emergency conditions.
The court shall not issue an order pursuant to this article
unless the court determines that one or more of the following
(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.
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
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.
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
(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.