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Section 5616 Of Chapter 9. Private Child Support Collectors From California Family Law Code >> Division 9. >> Part 5. >> Chapter 9.
5616
. (a) Every court order for child support issued on or after
January 1, 2010, and every child support agreement providing for the
payment of child support approved by a court on or after January 1,
2010, shall include a separate money judgment owed by the child
support obligor to pay a fee not to exceed 33 and 1/3 percent of the
total amount in arrears, and not to exceed 50 percent of the fee as
charged by a private child support collector pursuant to a contract
complying with this chapter and any other child support collections
costs expressly permitted by the child support order for the
collection efforts undertaken by the private child support collector.
The money judgment shall be in favor of the private child support
collector and the child support obligee, jointly, but shall not
constitute a private child support collector lien on real property
unless an abstract of judgment is recorded pursuant to subdivision
(d). Except as provided in subdivision (c), the money judgment may be
enforced by the private child support collector by any means
available to the obligee for the enforcement of the child support
order without any additional action or order by the court. Nothing in
this chapter shall be construed to grant the private child support
collector any enforcement remedies beyond those authorized by federal
or state law. Any fee collected from the obligor pursuant to a
contract complying with this chapter, shall not constitute child
support.
(b) If the child support order makes the obligor responsible for payment of collection fees and costs, fees that are deducted by a private child support collector may not be credited against child support arrearages or interest owing on arrearages or any other money owed by the obligor to the obligee.
(c) If the order for child support requires payment of collection fees and costs by the obligor, then not later than five days after the date that the private child support collector makes its first collection, written notice shall be provided to the obligor of (1) the amount of arrearages subject to collection, (2) the amount of the collection that shall be applied to the arrearage, and (3) the amount of the collection that shall be applied to the fees and costs of collection. The notice shall provide that, in addition to any other procedures available, the obligor has 30 days to file a motion to contest the amount of collection fees and costs assessed against the obligor.
(d) Any fees or monetary obligations resulting from the contract between an obligee parent and a private child support collector, or moneys owed to a private child support collector by the obligor parent or obligee parent as a result of the private child support collector's efforts, does not create a lien on real property, unless an abstract of judgment is obtained from the court and recorded by the private child support collector against the real property in the county in which it is located, nor shall that amount be added to any existing lien created by a recorded abstract of support or be added to an obligation on any abstract of judgment. A private child support collector lien shall have the force, effect, and priority of a judgment lien.
(e) An assignment to a private child support collector is a voluntary assignment for the purpose of collecting the domestic support obligation as defined in Section 101 of Title 11 of the United States Bankruptcy Code (11 U.S.C. Sec. 101 (14 A)).
(b) If the child support order makes the obligor responsible for payment of collection fees and costs, fees that are deducted by a private child support collector may not be credited against child support arrearages or interest owing on arrearages or any other money owed by the obligor to the obligee.
(c) If the order for child support requires payment of collection fees and costs by the obligor, then not later than five days after the date that the private child support collector makes its first collection, written notice shall be provided to the obligor of (1) the amount of arrearages subject to collection, (2) the amount of the collection that shall be applied to the arrearage, and (3) the amount of the collection that shall be applied to the fees and costs of collection. The notice shall provide that, in addition to any other procedures available, the obligor has 30 days to file a motion to contest the amount of collection fees and costs assessed against the obligor.
(d) Any fees or monetary obligations resulting from the contract between an obligee parent and a private child support collector, or moneys owed to a private child support collector by the obligor parent or obligee parent as a result of the private child support collector's efforts, does not create a lien on real property, unless an abstract of judgment is obtained from the court and recorded by the private child support collector against the real property in the county in which it is located, nor shall that amount be added to any existing lien created by a recorded abstract of support or be added to an obligation on any abstract of judgment. A private child support collector lien shall have the force, effect, and priority of a judgment lien.
(e) An assignment to a private child support collector is a voluntary assignment for the purpose of collecting the domestic support obligation as defined in Section 101 of Title 11 of the United States Bankruptcy Code (11 U.S.C. Sec. 101 (14 A)).
