Article 3. Support Orders Issued Or Modified Before July 1, 1990 of California Family Law Code >> Division 9. >> Part 5. >> Chapter 8. >> Article 3.
For a support order first issued or modified before July 1,
1990, this article provides a procedure for obtaining an earnings
assignment order for support when the court in ordering support or
modification of support did not issue an assignment order.
The obligee seeking issuance of an assignment order to
enforce a support order described in Section 5250 may use the
procedure set forth in this article by filing an application under
Section 5252, or by notice of motion or order to show cause, or
pursuant to subdivision (b) of Section 5230.
(a) An assignment order under this article may be issued only
upon an application signed under penalty of perjury by the obligee
that the obligor is in default in support payments in a sum equal to
the amount of support payable for one month, for any other occurrence
specified by the court in the support order, or earlier by court
order if requested by the local child support agency or the obligor.
(b) If the order for support does not contain a provision for an
earnings assignment order for support, the application shall state
that the obligee has given the obligor a written notice of the
obligee's intent to seek an assignment order if there is a default in
support payments and that the notice was transmitted by first-class
mail, postage prepaid, or personally served at least 15 days before
the date of the filing of the application. The written notice of the
intent to seek an assignment order may be given at any time,
including at the time of filing a petition or complaint in which
support is requested or at any time subsequent thereto. The obligor
may at any time waive the written notice required by this
(c) In addition to any other penalty provided by law, the filing
of the application with knowledge of the falsity of the declaration
or notice is punishable as a contempt pursuant to Section 1209 of the
Code of Civil Procedure.
Upon receipt of the application, the court shall issue,
without notice to the obligor, an assignment order requiring the
employer of the obligor to pay to the obligee or the State
Disbursement Unit that portion of the earnings of the obligor due or
to become due in the future as will be sufficient to pay an amount to
cover both of the following:
(a) The amount ordered by the court for support.
(b) An amount which shall be ordered by the court to be paid
toward the liquidation of any arrearage or past due support amount.