17404
. (a) Notwithstanding any other statute, in any action brought
by the local child support agency for the support of a minor child
or children, the action may be prosecuted in the name of the county
on behalf of the child, children, or a parent of the child or
children. The parent who has requested or is receiving support
enforcement services of the local child support agency shall not be a
necessary party to the action but may be subpoenaed as a witness.
Except as provided in subdivision (e), in an action under this
section there shall be no joinder of actions, or coordination of
actions, or cross-complaints, and the issues shall be limited
strictly to the question of parentage, if applicable, and child
support, including an order for medical support. A final
determination of parentage may be made in any action under this
section as an incident to obtaining an order for support. An action
for support or parentage pursuant to this section shall not be
delayed or stayed because of the pendency of any other action between
the parties.
(b) Judgment in an action brought pursuant to this section, and in
an action brought pursuant to Section 17402, if at issue, may be
rendered pursuant to a noticed motion, that shall inform the
defendant that in order to exercise his or her right to trial, he or
she must appear at the hearing on the motion.
If the defendant appears at the hearing on the motion, the court
shall inquire of the defendant if he or she desires to subpoena
evidence and witnesses, if parentage is at issue and genetic tests
have not already been conducted whether he or she desires genetic
tests, and if he or she desires a trial. If the defendant's answer is
in the affirmative, a continuance shall be granted to allow the
defendant to exercise those rights. A continuance shall not postpone
the hearing to more than 90 days from the date of service of the
motion. If a continuance is granted, the court may make an order for
temporary support without prejudice to the right of the court to make
an order for temporary support as otherwise allowed by law.
(c) In any action to enforce a spousal support order the action
may be pled in the name of the county in the same manner as an action
to establish a child support obligation. The same restrictions on
joinder of actions, coordination of actions, cross-complaints, and
delay because of the pendency of any other action as relates to
actions to establish a child support obligation shall also apply to
actions to enforce a spousal support order.
(d) Nothing contained in this section shall be construed to
prevent the parties from bringing an independent action under other
provisions of this code and litigating the issues of support,
custody, visitation, or protective orders. In that event, any
support, custody, visitation, or protective order issued by the court
in an action pursuant to this section shall be filed in the action
commenced under the other provisions of this code and shall continue
in effect until modified by a subsequent order of the court. To the
extent that the orders conflict, the court order last issued shall
supersede all other orders and be binding upon all parties in that
action.
(e) (1) After a support order, including a temporary support order
and an order for medical support only, has been entered in an action
brought pursuant to this section, the parent who has requested or is
receiving support enforcement services of the local child support
agency shall become a party to the action brought pursuant to this
section, only in the manner and to the extent provided by this
section, and only for the purposes allowed by this section.
(2) Notice of the parent's status as a party shall be given to the
parent by the local child support agency in conjunction with the
notice required by subdivision (e) of Section 17406. The complaint
shall contain this notice. Service of the complaint on the parent in
compliance with Section 1013 of the Code of Civil Procedure, or as
otherwise provided by law, shall constitute compliance with this
section. In all actions commenced under the procedures and forms in
effect on or before December 31, 1996, the parent who has requested
or is receiving support enforcement services of the local child
support agency shall not become a party to the action until he or she
is joined as a party pursuant to an ex parte application or noticed
motion for joinder filed by the local child support agency or a
noticed motion filed by either parent. The local child support agency
shall serve a copy of any order for joinder of a parent obtained by
the local child support agency's application on both parents in
compliance with Section 1013 of the Code of Civil Procedure.
(3) Once both parents are parties to an action brought pursuant to
this section in cases where Title IV-D services are currently being
provided, the local child support agency shall be required, within
five days of receipt, to mail the nonmoving party in the action all
pleadings relating solely to the support issue in the action that
have been served on the local child support agency by the moving
party in the action, as provided in subdivision (f) of Section 17406.
There shall be a rebuttable presumption that service on the local
child support agency consistent with the provisions of this paragraph
constitutes valid service on the nonmoving party. Where this
procedure is used to effectuate service on the nonmoving party, the
pleadings shall be served on the local child support agency not less
than 30 days prior to the hearing.
(4) The parent who has requested or is receiving support
enforcement services of the local child support agency is a party to
an action brought under this section for issues relating to the
support, custody, and visitation of a child, and for restraining
orders, and for no other purpose. The local child support agency
shall not be required to serve or receive service of papers,
pleadings, or documents, or participate in, or attend any hearing or
proceeding relating to issues of custody or visitation, except as
otherwise required by law. Orders concerning custody and visitation
may be made in an action pursuant to this subdivision only if orders
concerning custody and visitation have not been previously made by a
court of competent jurisdiction in this state or another state and
the court has jurisdiction and is the proper venue for custody and
visitation determinations. All issues regarding custody and
visitation shall be heard and resolved in the manner provided by this
code. Except as otherwise provided by law, the local child support
agency shall control support and parentage litigation brought
pursuant to this section, and the manner, method, and procedures used
in establishing parentage and in establishing and enforcing support
obligations unless and until the parent who requested or is receiving
support enforcement services has requested in writing that the local
child support agency close his or her case and the case has been
closed in accordance with state and federal regulation or policy.
(f) (1) A parent who has requested or is receiving support
enforcement services of the local child support agency may take
independent action to modify a support order made pursuant to this
section while support enforcement services are being provided by the
local child support agency. The parent shall serve the local child
support agency with notice of any action filed to modify the support
order and provide the local child support agency with a copy of the
modified order within 15 calendar days after the date the order is
issued.
(2) A parent who has requested or is receiving support enforcement
services of the local child support agency may take independent
action to enforce a support order made pursuant to this section while
support enforcement services are being provided by the local child
support agency with the written consent of the local child support
agency. At least 30 days prior to filing an independent enforcement
action, the parent shall provide the local child support agency with
written notice of the parent's intent to file an enforcement action
that includes a description of the type of enforcement action the
parent intends to file. Within 30 days of receiving the notice, the
local child support agency shall either provide written consent for
the parent to proceed with the independent enforcement action or
notify the parent that the local child support agency objects to the
parent filing the proposed independent enforcement action. The local
child support agency may object only if the local child support
agency is currently using an administrative or judicial method to
enforce the support obligation or if the proposed independent
enforcement action would interfere with an investigation being
conducted by the local child support agency. If the local child
support agency does not respond to the parent's written notice within
30 days, the local child support agency shall be deemed to have
given consent.
(3) The court shall order that all payments of support shall be
made to the local child support agency in any action filed under this
section by the parent who has requested, or is receiving, support
enforcement services of the local child support agency unless support
enforcement services have been terminated by the local child support
agency by case closure as provided by state and federal law. Any
order obtained by a parent prior to support enforcement services
being terminated in which the local child support agency did not
receive proper notice pursuant to this section shall be voidable upon
the motion of the local child support agency.
(g) Any notice from the local child support agency requesting a
meeting with the support obligor for any purpose authorized under
this section shall contain a statement advising the support obligor
of his or her right to have an attorney present at the meeting.
(h) For the purpose of this section, "a parent who is receiving
support enforcement services" includes a parent who has assigned his
or her rights to support pursuant to Section 11477 of the Welfare and
Institutions Code.
(i) The Judicial Council shall develop forms to implement this
section.