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Chapter 1. General Provisions of California Family Law Code >> Division 9. >> Part 5. >> Chapter 1.
An order for child, family, or spousal support that is made,
entered, or enforceable in this state is enforceable under this code,
whether or not the order was made or entered pursuant to this code.
A family support order is enforceable in the same manner and
to the same extent as a child support order.
The period for enforcement and procedure for renewal of a
judgment or order for child, family, or spousal support is governed
by Section 291.
If a parent has been ordered to make payments for the support
of a minor child, an action to recover an arrearage in those
payments may be maintained at any time within the period otherwise
specified for the enforcement of such a judgment, notwithstanding the
fact that the child has attained the age of 18 years.
(a) If the noncustodial parent is receiving payments from the
federal government pursuant to the Social Security Act or Railroad
Retirement Act, or from the Department of Veterans Affairs because of
the retirement or disability of the noncustodial parent and the
noncustodial parent notifies the custodial person, or notifies the
local child support agency in a case being enforced by the local
child support agency pursuant to Title IV-D of the Social Security
Act, then the custodial parent or other child support obligee shall
contact the appropriate federal agency within 30 days of receiving
notification that the noncustodial parent is receiving those payments
to verify eligibility for each child to receive payments from the
federal government because of the disability of the noncustodial
parent. If the child is potentially eligible for those payments, the
custodial parent or other child support obligee shall apply for and
cooperate with the appropriate federal agency for the receipt of
those benefits on behalf of each child. The noncustodial parent shall
cooperate with the custodial parent or other child support obligee
in making that application and shall provide any information
necessary to complete the application.
(b) If the court has ordered a noncustodial parent to pay for the support of a child, payments for the support of the child made by the federal government pursuant to the Social Security Act or Railroad Retirement Act, or by the Department of Veterans Affairs because of the retirement or disability of the noncustodial parent and received by the custodial parent or other child support obligee shall be credited toward the amount ordered by the court to be paid by the noncustodial parent for support of the child unless the payments made by the federal government were taken into consideration by the court in determining the amount of support to be paid. Any payments shall be credited in the order set forth in Section 695.221 of the Code of Civil Procedure.
(c) If the custodial parent or other child support obligee refuses to apply for those benefits or fails to cooperate with the appropriate federal agency in completing the application but the child or children otherwise are eligible to receive those benefits, the noncustodial parent shall be credited toward the amount ordered by the court to be paid for that month by the noncustodial parent for support of the child or children in the amount of payment that the child or children would have received that month had the custodial parent or other child support obligee completed an application for the benefits if the noncustodial parent provides evidence to the local child support agency indicating the amount the child or children would have received. The credit for those payments shall continue until the child or children would no longer be eligible for those benefits or the order for child support for the child or children is no longer in effect, whichever occurs first.
(b) If the court has ordered a noncustodial parent to pay for the support of a child, payments for the support of the child made by the federal government pursuant to the Social Security Act or Railroad Retirement Act, or by the Department of Veterans Affairs because of the retirement or disability of the noncustodial parent and received by the custodial parent or other child support obligee shall be credited toward the amount ordered by the court to be paid by the noncustodial parent for support of the child unless the payments made by the federal government were taken into consideration by the court in determining the amount of support to be paid. Any payments shall be credited in the order set forth in Section 695.221 of the Code of Civil Procedure.
(c) If the custodial parent or other child support obligee refuses to apply for those benefits or fails to cooperate with the appropriate federal agency in completing the application but the child or children otherwise are eligible to receive those benefits, the noncustodial parent shall be credited toward the amount ordered by the court to be paid for that month by the noncustodial parent for support of the child or children in the amount of payment that the child or children would have received that month had the custodial parent or other child support obligee completed an application for the benefits if the noncustodial parent provides evidence to the local child support agency indicating the amount the child or children would have received. The credit for those payments shall continue until the child or children would no longer be eligible for those benefits or the order for child support for the child or children is no longer in effect, whichever occurs first.
(a) A court may require a parent who alleges that the parent'
s default in a child or family support order is due to the parent's
unemployment to submit to the appropriate child support enforcement
agency or any other entity designated by the court, including, but
not limited to, the court itself, each two weeks, or at a frequency
deemed appropriate by the court, a list of at least five different
places the parent has applied for employment.
(b) This section shall become operative on January 1, 2011.
(b) This section shall become operative on January 1, 2011.
(a) An abstract of a judgment ordering a party to pay
spousal, child, or family support to the other party shall be
certified by the clerk of the court where the judgment was entered
and shall contain all of the following:
(1) The title of the court where the judgment is entered and the cause and number of the proceeding.
(2) The date of entry of the judgment and of any renewal of the judgment.
(3) Where the judgment and any renewals are entered in the records of the court.
(4) The name and last known address of the party ordered to pay support.
(5) The name and address of the party to whom support payments are ordered to be paid.
(6) Only the last four digits of the social security number, birth date, and driver's license number of the party who is ordered to pay support. If any of those numbers are not known to the party to whom support payments are to be paid, that fact shall be indicated on the abstract of the court judgment. This paragraph shall not apply to documents created prior to January 1, 2010.
(7) Whether a stay of enforcement has been ordered by the court and, if so, the date the stay ends.
(8) The date of issuance of the abstract.
(9) Any other information deemed reasonable and appropriate by the Judicial Council.
(b) The Judicial Council may develop a form for an abstract of a judgment ordering a party to pay child, family, or spousal support to another party which contains the information required by subdivision (a).
(c) Notwithstanding any other provision of law, when a support obligation is being enforced pursuant to Title IV-D of the Social Security Act, the agency enforcing the obligation may record a notice of support judgment. The notice of support judgment shall contain the same information as the form adopted by the Judicial Council pursuant to subdivision (b) and Section 4506.1. The notice of support judgment shall have the same force and effect as an abstract of judgment certified by the clerk of the court where the judgment was entered. The local child support agency or other Title IV-D agency shall not be subject to any civil liability as a consequence of causing a notice of support judgment to be recorded.
(d) As used in this section, "judgment" includes an order for child, family, or spousal support.
(1) The title of the court where the judgment is entered and the cause and number of the proceeding.
(2) The date of entry of the judgment and of any renewal of the judgment.
(3) Where the judgment and any renewals are entered in the records of the court.
(4) The name and last known address of the party ordered to pay support.
(5) The name and address of the party to whom support payments are ordered to be paid.
(6) Only the last four digits of the social security number, birth date, and driver's license number of the party who is ordered to pay support. If any of those numbers are not known to the party to whom support payments are to be paid, that fact shall be indicated on the abstract of the court judgment. This paragraph shall not apply to documents created prior to January 1, 2010.
(7) Whether a stay of enforcement has been ordered by the court and, if so, the date the stay ends.
(8) The date of issuance of the abstract.
(9) Any other information deemed reasonable and appropriate by the Judicial Council.
(b) The Judicial Council may develop a form for an abstract of a judgment ordering a party to pay child, family, or spousal support to another party which contains the information required by subdivision (a).
(c) Notwithstanding any other provision of law, when a support obligation is being enforced pursuant to Title IV-D of the Social Security Act, the agency enforcing the obligation may record a notice of support judgment. The notice of support judgment shall contain the same information as the form adopted by the Judicial Council pursuant to subdivision (b) and Section 4506.1. The notice of support judgment shall have the same force and effect as an abstract of judgment certified by the clerk of the court where the judgment was entered. The local child support agency or other Title IV-D agency shall not be subject to any civil liability as a consequence of causing a notice of support judgment to be recorded.
(d) As used in this section, "judgment" includes an order for child, family, or spousal support.
Notwithstanding any other provision of law, when a support
obligation is being enforced pursuant to Title IV-D of the Social
Security Act, the agency enforcing the obligation may file and record
an abstract of support judgment as authorized by Section 4506 and
substitute the office address of the agency designated to receive
support payments for the address of the party to whom support was
ordered to be paid.
(a) Notwithstanding any other provision of law, when a
support obligation is being enforced pursuant to Title IV-D of the
Social Security Act, the agency enforcing the obligation may file and
record a substitution of payee, if a judgment or abstract of
judgment has previously been recorded pursuant to Section 697.320 of
the Code of Civil Procedure by the support obligee or by a different
governmental agency.
(b) Notwithstanding any other provision of law, when the Title IV-D agency ceases enforcement of a support obligation at the request of the support obligee, the agency may file and record a substitution of payee, if a judgment or abstract of judgment has been previously recorded pursuant to Section 697.320 of the Code of Civil Procedure.
(c) The substitution of payee shall contain all of the following:
(1) The name and address of the governmental agency or substituted payee filing the substitution and a notice that the substituted payee is to be contacted when notice to a lienholder may or must be given.
(2) The title of the court, the cause, and number of the proceeding where the substituted payee has registered the judgment.
(3) The name and last known address of the party ordered to pay support.
(4) The recorder identification number or book and page of the recorded document to which the substitution of payee applies.
(5) Any other information deemed reasonable and appropriate by the Judicial Council.
(d) The recorded substitution of payee shall not affect the priorities created by earlier recordations of support judgments or abstracts of support judgments.
(e) An agency enforcing the support obligation pursuant to Title IV-D of the Social Security Act is not required to obtain prior court approval or a clerk's certification when filing and recording a substitution of payee under this section.
(b) Notwithstanding any other provision of law, when the Title IV-D agency ceases enforcement of a support obligation at the request of the support obligee, the agency may file and record a substitution of payee, if a judgment or abstract of judgment has been previously recorded pursuant to Section 697.320 of the Code of Civil Procedure.
(c) The substitution of payee shall contain all of the following:
(1) The name and address of the governmental agency or substituted payee filing the substitution and a notice that the substituted payee is to be contacted when notice to a lienholder may or must be given.
(2) The title of the court, the cause, and number of the proceeding where the substituted payee has registered the judgment.
(3) The name and last known address of the party ordered to pay support.
(4) The recorder identification number or book and page of the recorded document to which the substitution of payee applies.
(5) Any other information deemed reasonable and appropriate by the Judicial Council.
(d) The recorded substitution of payee shall not affect the priorities created by earlier recordations of support judgments or abstracts of support judgments.
(e) An agency enforcing the support obligation pursuant to Title IV-D of the Social Security Act is not required to obtain prior court approval or a clerk's certification when filing and recording a substitution of payee under this section.
The Judicial Council, in consultation with the California
Family Support Council, the Department of Child Support Services, and
title insurance industry representatives, shall develop a single
form, which conforms with the requirements of Section 27361.6 of the
Government Code, for the substitution of payee, for notice directing
payment of support to the local child support agency pursuant to
Section 4204, and for notice that support has been assigned pursuant
to Section 11477 of the Welfare and Institutions Code. The form shall
be available no later than July 1, 1998.
When a court orders a person to make payment for child
support or family support, the court may order that individual to
make that payment as provided in Section 1151.5 of the Government
Code.
(a) This section does not apply to any child support obligor
who is subject to an earnings assignment order pursuant to Chapter 8
(commencing with Section 5200).
(b) Except as provided in subdivision (a), every order or judgment to pay child support may require a child support obligor to designate an account for the purpose of paying the child support obligation by electronic funds transfer, as defined in subdivision (a) of Section 6479.5 of the Revenue and Taxation Code. The order or judgment may require the obligor to deposit funds in an interest-bearing account with a state or federally chartered commercial bank, a savings and loan association, or in shares of a federally insured credit union doing business in this state, and shall require the obligor to maintain funds in the account sufficient to pay the monthly child support obligation. The court may order that each payment be electronically transferred to either the obligee' s account or the local child support agency account. The obligor shall be required to notify the obligee if the depository institution or the account number is changed. No interest shall accrue on any amount subject to electronic funds transfer as long as funds are maintained in the account that are sufficient to pay the monthly child support obligation.
(b) Except as provided in subdivision (a), every order or judgment to pay child support may require a child support obligor to designate an account for the purpose of paying the child support obligation by electronic funds transfer, as defined in subdivision (a) of Section 6479.5 of the Revenue and Taxation Code. The order or judgment may require the obligor to deposit funds in an interest-bearing account with a state or federally chartered commercial bank, a savings and loan association, or in shares of a federally insured credit union doing business in this state, and shall require the obligor to maintain funds in the account sufficient to pay the monthly child support obligation. The court may order that each payment be electronically transferred to either the obligee' s account or the local child support agency account. The obligor shall be required to notify the obligee if the depository institution or the account number is changed. No interest shall accrue on any amount subject to electronic funds transfer as long as funds are maintained in the account that are sufficient to pay the monthly child support obligation.
