Chapter 2. General Provisions of California Family Law Code >> Division 9. >> Part 1. >> Chapter 2.
(a) As used in this section:
(1) "Obligee" means a person to whom a duty of support is owed.
(2) "Obligor" means a person who owes a duty of support.
(b) An obligor present or resident in this state has the duty of
support as defined in Sections 3900, 3901, 3910, 4300, and 4400,
regardless of the presence or residence of the obligee.
Laws attaching a privilege against the disclosure of
communications between spouses are inapplicable under this division.
Spouses are competent witnesses to testify to any relevant matter,
including marriage and parentage.
(a) In a proceeding involving child, family, or spousal
support, no party to the proceeding may refuse to submit copies of
the party's state and federal income tax returns to the court,
whether individual or joint.
(b) The tax returns may be examined by the other party and are
discoverable by the other party. A party also may be examined by the
other party as to the contents of a tax return submitted pursuant to
this section.
(c) If the court finds that it is relevant to the case to retain
the tax return, the tax return shall be sealed and maintained as a
confidential record of the court. If the court finds that the tax
return is not relevant to disposition of the case, all copies of the
tax return shall be returned to the party who submitted it.
An appeal may be taken from an order or judgment under this
division as in other civil actions.
Where support is ordered to be paid through the county
officer designated by the court on behalf of a child or other party
not receiving public assistance pursuant to the Family Economic
Security Act of 1982 (Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9 of the Welfare and Institutions Code), the
designated county officer shall forward the support received to the
designated payee within the time standards prescribed by federal law
and the Department of Child Support Services.
The existence or enforcement of a duty of support owed by a
noncustodial parent for the support of a minor child is not affected
by a failure or refusal by the custodial parent to implement any
rights as to custody or visitation granted by a court to the
noncustodial parent.
(a) Notwithstanding any other provision of law, absent good
cause to the contrary, the court, in order to ensure that each party
has access to legal representation to preserve each party's rights,
upon determining (1) an award of attorney's fees and cost under this
section is appropriate, (2) there is a disparity in access to funds
to retain counsel, and (3) one party is able to pay for legal
representation for both parties, shall award reasonable attorney's
fees to any of the following persons:
(1) A custodial parent or other person to whom payments should be
made in any action to enforce any of the following:
(A) An existing order for child support.
(B) A penalty incurred pursuant to Chapter 5 (commencing with
Section 4720) of Part 5 of Division 9.
(2) A supported spouse in an action to enforce an existing order
for spousal support.
(b) This section shall not be construed to allow an award of
attorney's fees to or against a governmental entity.
In a proceeding involving child or family support, a court
may require either parent to attend job training, job placement and
vocational rehabilitation, and work programs, as designated by the
court, at regular intervals and times and for durations specified by
the court, and provide documentation of participation in the
programs, in a format that is acceptable to the court, in order to
enable the court to make a finding that good faith attempts at job
training and placement have been undertaken by the parent.