Section 17416 Of Article 1. Support Obligations From California Family Law Code >> Division 17. >> Chapter 2. >> Article 1.
17416
. (a) In any case where the local child support agency has
undertaken enforcement of support, the local child support agency may
enter into an agreement with the noncustodial parent, on behalf of a
minor child or children, a spouse, or former spouse for the entry of
a judgment without action determining paternity, if applicable, and
for periodic child and spousal support payments based on the
noncustodial parent's reasonable ability to pay or, if for spousal
support, an amount previously ordered by a court of competent
jurisdiction. An agreement for entry of a judgment under this section
may be executed prior to the birth of the child and may include a
provision that the judgment is not to be entered until after the
birth of the child.
(b) A judgment based on the agreement shall be entered only if one
of the following requirements is satisfied:
(1) The noncustodial parent is represented by legal counsel and
the attorney signs a certificate stating: "I have examined the
proposed judgment and have advised my client concerning his or her
rights in connection with this matter and the consequences of signing
or not signing the agreement for the entry of the judgment and my
client, after being so advised, has agreed to the entry of the
judgment."
(2) A judge of the court in which the judgment is to be entered,
after advising the noncustodial parent concerning his or her rights
in connection with the matter and the consequences of agreeing or not
agreeing to the entry of the judgment, makes a finding that the
noncustodial parent has appeared before the judge and the judge has
determined that under the circumstances of the particular case the
noncustodial parent has willingly, knowingly, and intelligently
waived his or her due process rights in agreeing to the entry of the
judgment.
(c) The clerk shall file the agreement, together with any
certificate of the attorney or finding of the court, without the
payment of any fees or charges. If the requirements of this section
are satisfied, the court shall enter judgment thereon without action.
The provisions of Article 4 (commencing with Section 4200) of
Chapter 2 of Part 2 of Division 9 or Chapter 4 (commencing with
Section 4350) of Part 3 of Division 9 shall apply to the judgment. A
judgment for support so entered may be enforced by any means by which
any other judgment for support may be enforced.
(d) Upon request of the local child support agency in any case
under this section, the clerk shall set the matter for hearing by the
court. The hearing shall be held within 10 days after the clerk
receives the request. The local child support agency may require the
person who signed the agreement for the entry of judgment to attend
the hearing by process of subpoena in the same manner as the
attendance of a witness in a civil action may be required. The
presence of the person who signed the agreement for entry of judgment
at the hearing shall constitute the presence of the person in court
at the time the order is pronounced for the purposes of Section
1209.5 of the Code of Civil Procedure if the court makes the findings
required by paragraph (2) of subdivision (b).
(e) The local child support agency shall cause the following to be
served, in the manner specified in Section 415.10, 415.20, 415.30,
or 415.40 of the Code of Civil Procedure, upon the person who signed
the agreement for entry of the judgment and shall file proof of
service thereof with the court:
(1) A copy of the judgment as entered.
(2) If the judgment includes an order for child or spousal support
payments, a notice stating the substance of the following: "The
court has continuing authority to make an order increasing or
decreasing the amount of the child or spousal support payments. You
have the right to request that the court order the child and spousal
support payments be decreased or eliminated entirely."
(f) An order for child and spousal support included in a judgment
entered under this section may be modified or revoked as provided in
Article 1 (commencing with Section 3650) of Chapter 6 of Part 1 of
Division 9 and in (1) Article 1 (commencing with Section 4000) of
Chapter 2 of Part 2 of Division 9 or (2) Chapter 2 (commencing with
Section 4320) and Chapter 3 (commencing with Section 4330) of Part 3
of Division 9. The court may modify the order to make the support
payments payable to a different person.
(g) For the purposes of this section, in making a determination of
the noncustodial parent's reasonable ability to pay, any relevant
circumstances set out in Section 4005 shall be considered.
(h) After arrest and before plea or trial, or after conviction or
plea of guilty, under Section 270 of the Penal Code, if the defendant
appears before the court in which the criminal action is pending and
the requirements of paragraph (1) or (2) of subdivision (b) have
been satisfied, the court may suspend proceedings or sentence in the
criminal action, but this does not limit the later institution of a
civil or criminal action or limit the use of any other procedures
available to enforce the judgment entered pursuant to this section.
(i) Nothing in this section applies to a case where a civil action
has been commenced.