Article 1. General Provisions of California Family Law Code >> Division 9. >> Part 5. >> Chapter 3. >> Article 1.
The purpose of this chapter is to provide an extraordinary
remedy for cases of bad faith failure to pay child support
obligations.
"Deposit holder" as used in this chapter means the district
attorney, county officer, or trustee designated by the court to
receive assets deposited pursuant to this chapter to secure future
support payments.
If requested by an obligor-parent, the deposit holder shall
prepare a statement setting forth disbursements and receipts made
under this chapter.
The deposit holder who is responsible for any money or
property and for any disbursements under this chapter is not liable
for any action undertaken in good faith and in conformance with this
chapter.
(a) If the deposit holder incurs fees or costs under this
chapter which are not compensated by the deduction under subdivision
(c) of Section 4630 (including, but not limited to, fees or costs
incurred in a sale of assets pursuant to this chapter and in the
preparation of a statement pursuant to Section 4602), the court
shall, after a hearing, order the obligor-parent to pay the
reasonable fees and costs incurred by the deposit holder. The hearing
shall be held not less than 20 days after the deposit holder serves
notice of motion or order to show cause upon the obligor-parent.
(b) Fees and costs ordered to be paid under this section shall be
in addition to any deposit made under this chapter but shall not
exceed whichever of the following is less:
(1) Five percent of one year's child support obligation.
(2) The total amount ordered deposited under Section 4614.