Article 1. Definitions of California Family Law Code >> Division 9. >> Part 5. >> Chapter 8. >> Article 1.
Unless the provision or context otherwise requires, the
definitions in this article govern the construction of this chapter.
"Arrearage" or "arrearages" is the amount necessary to
satisfy a support judgment or order pursuant to Section 695.210 of
the Code of Civil Procedure.
"Assignment order" has the same meaning as "earnings
assignment order for support."
"Due date of support payments" is the date specifically
stated in the order of support or, if no date is stated in the
support order, the last day of the month in which the support payment
is to be paid.
"Earnings," to the extent that they are subject to an
earnings assignment order for support under Chapter 4 (commencing
with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code
of Civil Procedure, include:
(a) Wages, salary, bonus, money, and benefits described in
Sections 704.110, 704.113, and 704.115 of the Code of Civil
(b) Payments due for services of independent contractors,
interest, dividends, rents, royalties, residuals, patent rights, or
mineral or other natural resource rights.
(c) Payments or credits due or becoming due as a result of written
or oral contracts for services or sales whether denominated as
wages, salary, commission, bonus, or otherwise.
(d) Payments due for workers' compensation temporary disability
(e) Payments due as a result of disability from benefits described
in Section 704.130 of the Code of Civil Procedure.
(f) Any other payments or credits due or becoming due, regardless
(a) "Earnings assignment order for support" means an order
that assigns to an obligee a portion of the earnings of a support
obligor due or to become due in the future.
(b) Commencing January 1, 2000, all earnings assignment orders for
support in any action in which child support or family support is
ordered shall be issued on an "order/notice to withhold income for
child support" mandated by Section 666 of Title 42 of the United
"Employer" includes all of the following:
(a) A person for whom an individual performs services as an
employee, as defined in Section 706.011 of the Code of Civil
(b) The United States government and any public entity as defined
in Section 811.2 of the Government Code.
(c) Any person or entity paying earnings as defined under Section
"IV-D Case" means any case being established, modified, or
enforced by the local child support agency pursuant to Section 654 of
Title 42 of the United States Code (Section 454 of the Social
"Obligee" or "assigned obligee" means either the person to
whom support has been ordered to be paid, the local child support
agency, or other person designated by the court to receive the
payment. The local child support agency is the obligee for all Title
IV-D cases as defined under Section 5212 or in which an application
for services has been filed under Part D (commencing with Section
651) and Part E (commencing with Section 670) of Subchapter IV of
Chapter 7 of Title 42 of the United States Code (Title IV-D or IV-E
of the Social Security Act).
"Obligor" means a person owing a duty of support.
"Timely payment" means receipt of support payments by the
obligee or assigned obligee within five days of the due date.