Section 5246 Of Article 2. General Provisions From California Family Law Code >> Division 9. >> Part 5. >> Chapter 8. >> Article 2.
5246
. (a) This section applies only to Title IV-D cases where
support enforcement services are being provided by the local child
support agency pursuant to Section 17400.
(b) In lieu of an earnings assignment order signed by a judicial
officer, the local child support agency may serve on the employer a
notice of assignment in the manner specified in Section 5232. An
order/notice to withhold income for child support shall have the same
force and effect as an earnings assignment order signed by a
judicial officer. An order/notice to withhold income for child
support, when used under this section, shall be considered a notice
and shall not require the signature of a judicial officer.
(c) Pursuant to Section 666 of Title 42 of the United States Code,
the federally mandated order/notice to withhold income for child
support shall be used for the purposes described in this section.
(d) (1) An order/notice to withhold income may not reduce the
current amount withheld for court-ordered child support.
(2) If the underlying court order for support does not provide for
an arrearage payment, or if an additional arrearage accrues after
the date of the court order for support, the local child support
agency may send an order/notice to withhold income for child support
that shall be used for the purposes described in this section
directly to the employer which specifies the updated arrearage amount
and directs the employer to withhold an additional amount to be
applied towards liquidation of the arrearages not to exceed the
maximum amount permitted by Section 1673(b) of Title 15 of the United
States Code.
(3) Notwithstanding paragraph (2), if an obligor is disabled,
meets the SSI resource test, and is receiving Supplemental Security
Income/State Supplementary Payments (SSI/SSP) or, but for excess
income as described in Section 416.1100 et seq. of Part 416 of Title
20 of the Code of Federal Regulations, would be eligible to receive
SSI/SSP, pursuant to Section 12200 of the Welfare and Institutions
Code, and the obligor has supplied the local child support agency
with proof of his or her eligibility for and, if applicable, receipt
of, SSI/SSP or Social Security Disability Insurance benefits, then
the order/notice to withhold income issued by the local child support
agency for the liquidation of the arrearage shall not exceed 5
percent of the obligor's total monthly Social Security Disability
payments under Title II of the Social Security Act.
(e) If the obligor requests a hearing, a hearing date shall be
scheduled within 20 days of the filing of the request with the court.
The clerk of the court shall provide notice of the hearing to the
local child support agency and the obligor no later than 10 days
prior to the hearing.
(1) If at the hearing the obligor establishes that he or she is
not the obligor or good cause or an alternative arrangement as
provided in Section 5260, the court may order that service of the
order/notice to withhold income for child support be quashed. If the
court quashes service of the order/notice to withhold income for
child support, the local child support agency shall notify the
employer within 10 days.
(2) If the obligor contends at the hearing that the payment of
arrearages at the rate specified in the order/notice to withhold
income for child support is excessive or that the total arrearages
owing is incorrect, and if it is determined that payment of the
arrearages at the rate specified in this section creates an undue
hardship upon the obligor or that the withholding would exceed the
maximum amount permitted by Section 1673(b) of Title 15 of the United
States Code Annotated, the rate at which the arrearages must be paid
shall be reduced to a rate that is fair and reasonable considering
the circumstances of the parties and the best interest of the child.
If it is determined at a hearing that the total amount of arrearages
calculated is erroneous, the court shall modify the amount calculated
to the correct amount. If the court modifies the total amount of
arrearages owed or reduces the monthly payment due on the arrearages,
the local child support agency shall serve the employer with an
amended order/notice to withhold income for child support within 10
days.
(f) If an obligor's current support obligation has terminated by
operation of law, the local child support agency may serve an
order/notice to withhold income for child support on the employer
which directs the employer to continue withholding from the obligor's
earnings an amount to be applied towards liquidation of the
arrearages, not to exceed the maximum amount permitted by Section
1673(b) of Title 15 of the United States Code, until such time that
the employer is notified by the local child support agency that the
arrearages have been paid in full. The employer shall provide the
obligor with a copy of the order/notice to withhold income for child
support and a blank form that the obligor may file with the court to
request a hearing to modify or quash the assignment with instructions
on how to file the form and obtain a hearing date. The obligor shall
be entitled to the same rights to a hearing as specified in
subdivision (e).
(g) The local child support agency shall retain a copy of the
order/notice to withhold income for child support and shall file a
copy with the court whenever a hearing concerning the order/notice to
withhold income for child support is requested.
(h) The local child support agency may transmit an order/notice to
withhold income for child support and other forms required by this
section to the employer through electronic means.