PART 1. DEFINITIONS AND GENERAL PROVISIONS
Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10.
§§ 3500–3830 · 73 sections
CHAPTER 1. Definitions §§ 3500–3515 · 2 sections
CHAPTER 2. General Provisions §§ 3550–3558 · 8 sections
- § 3550 (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…
- § 3551 Laws attaching a privilege against the disclosure of communications between spouses are inapplicable under this division. Spouses are competent witnesses to…
- § 3552 (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…
- § 3554 An appeal may be taken from an order or judgment under this division as in other civil actions.
- § 3555 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…
- § 3556 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…
- § 3557 (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…
- § 3558 In a proceeding involving child or family support, a court may require either parent to attend job training, job placement and vocational rehabilitation, and…
CHAPTER 3. Support Agreements §§ 3580–3593 · 8 sections
ARTICLE 1. General Provisions § 3580 · 1 section
- § 3580 Subject to this chapter and to Section 3651, spouses may agree, in writing, to an immediate separation, and may provide in the agreement for the support of…
ARTICLE 2. Child Support §§ 3585–3587 · 3 sections
- § 3585 The provisions of an agreement between the parents for child support shall be deemed to be separate and severable from all other provisions of the agreement…
- § 3586 If an agreement between the parents combines child support and spousal support without designating the amount to be paid for child support and the amount to be…
- § 3587 Notwithstanding any other provision of law, the court has the authority to approve a stipulated agreement by the parents to pay for the support of an adult…
ARTICLE 3. Spousal Support §§ 3590–3593 · 4 sections
- § 3590 The provisions of an agreement for support of either party shall be deemed to be separate and severable from the provisions of the agreement relating to…
- § 3591 (a) Except as provided in subdivisions (b) and (c), the provisions of an agreement for the support of either party are subject to subsequent modification or…
- § 3592 If an obligation under an agreement for settlement of property to a spouse or for support of a spouse is discharged in bankruptcy, the court may make all…
- § 3593 Sections 3590 and 3591 are effective only with respect to a property settlement agreement entered into on or after January 1, 1970, and do not affect an…
CHAPTER 4. Spousal and Child Support During Pendency of Proceeding §§ 3600–3604 · 5 sections
- § 3600 During the pendency of any proceeding for dissolution of marriage or for legal separation of the parties or under Division 8 (commencing with Section 3000)…
- § 3601 (a) An order for child support entered pursuant to this chapter continues in effect until the order (1) is terminated by the court or (2) terminates by…
- § 3602 Unless the order specifies otherwise, an order made pursuant to this chapter is not enforceable during any period in which the parties have reconciled and are…
- § 3603 An order made pursuant to this chapter may be modified or terminated at any time except as to an amount that accrued before the date of the filing of the…
- § 3604 An order made pursuant to this chapter does not prejudice the rights of the parties or the child with respect to any subsequent order which may be made.
CHAPTER 6. Modification,Termination, or Set Aside of Support Orders §§ 3650–3693 · 19 sections
ARTICLE 1. General Provisions §§ 3650–3654 · 5 sections
- § 3650 Unless the provision or context otherwise requires, as used in this chapter, “support order” means a child, family, or spousal support order.
- § 3651 (a) Except as provided in subdivisions (c) and (d) and subject to Article 3 (commencing with Section 3680) and Sections 3552, 3587, and 4004, a support order…
- § 3652 Except as against a governmental agency, an order modifying, terminating, or setting aside a support order may include an award of attorney’s fees and court…
- § 3653 (a) An order modifying or terminating a support order may be made retroactive to the date of the filing of the notice of motion or order to show cause to…
- § 3654 At the request of either party, an order modifying, terminating, or setting aside a support order shall include a statement of decision.
ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding §§ 3660–3668 · 8 sections
- § 3660 The purpose of this article is to permit inexpensive discovery of facts before the commencement of a proceeding for modification or termination of an order for…
- § 3662 Methods of discovery other than that described in this article may only be used if a motion for modification or termination of the support order is pending.
- § 3663 In the absence of a pending motion for modification or termination of a support order, a request for discovery pursuant to this article may be undertaken not…
- § 3664 (a) At any time following a judgment of dissolution of marriage or legal separation of the parties, or a determination of parentage, that provides for payment…
- § 3665 (a) A copy of the prior year’s federal and state personal income tax returns shall be attached to the income and expense declaration of each party. (b) A party…
- § 3666 This article may be enforced in the manner specified in Sections 1991, 1991.1, 1991.2, 1992, and 1993 of the Code of Civil Procedure and in the Civil Discovery…
- § 3667 Upon the subsequent filing of a motion for modification or termination of the support order by the requesting party, if the court finds that the income and…
- § 3668 The Judicial Council shall adopt forms which shall be used in the procedure provided by this article.
ARTICLE 3. Simplified Procedure for Modification of Support Order §§ 3680–3680.5 · 2 sections
- § 3680 (a) The Legislature finds and declares the following: (1) There is currently no simple method available to parents to quickly modify their support orders when…
- § 3680.5 (a) The local child support agency shall monitor child support cases and seek modifications, when needed. (b) At least once every three years, the local child…
ARTICLE 4. Relief From Orders §§ 3690–3693 · 4 sections
- § 3690 (a) The court may, on any terms that may be just, relieve a party from a support order, or any part or parts thereof, after the six-month time limit of Section…
- § 3691 The grounds and time limits for an action or motion to set aside a support order, or part thereof, are governed by this section and shall be one of the…
- § 3692 Notwithstanding any other provision of this article, or any other law, a support order may not be set aside simply because the court finds that it was…
- § 3693 When ruling on an action or motion to set aside a support order, the court shall set aside only those provisions materially affected by the circumstances…
CHAPTER 7. Health Insurance §§ 3750–3773 · 20 sections
ARTICLE 1. Health Insurance Coverage for Supported Child §§ 3750–3753 · 6 sections
- § 3750 “Health insurance coverage” as used in this article includes all of the following: (a) Vision care and dental care coverage whether the vision care or dental…
- § 3751 (a) (1) Support orders issued or modified pursuant to this chapter shall include a provision requiring the child support obligor to keep the agency designated…
- § 3751.5 (a) Notwithstanding any other provision of law, an employer or insurer shall not deny enrollment of a child under the health insurance coverage of a child’s…
- § 3752 (a) If the local child support agency has been designated as the assigned payee for child support, the court shall order the parent to notify the local child…
- § 3752.5 (a) A child support order issued or modified pursuant to this division shall include a provision requiring the child support obligor to keep the obligee…
- § 3753 The cost of the health insurance shall be in addition to the child support amount ordered under Article 2 (commencing with Section 4050), with allowance for…
ARTICLE 2. Health Insurance Coverage Assignment §§ 3760–3773 · 14 sections
- § 3760 As used in this article, unless the provision or context otherwise requires: (a) “Employer” includes the United States government and any public entity as…
- § 3761 (a) Upon application by a party or local child support agency in any proceeding where the court has ordered either or both parents to maintain health insurance…
- § 3762 Good cause for not making a health insurance coverage assignment order shall be limited to either of the following: (a) The court finds that one of the…
- § 3763 (a) The health insurance coverage assignment order may be ordered at the time of trial or entry of a judgment ordering health insurance coverage. The order…
- § 3764 (a) A health insurance coverage assignment order does not become effective until 20 days after service by the applicant of the assignment order on the…
- § 3765 (a) The obligor may move to quash a health insurance coverage assignment order as provided in this section if the obligor declares under penalty of perjury…
- § 3766 (a) The employer, or other person providing health insurance, shall take steps to commence coverage, consistent with the order for the health insurance…
- § 3767 The employer or other person providing health insurance shall do all of the following: (a) Notify the applicant for the assignment order or notice of…
- § 3768 (a) An employer or other person providing health insurance who willfully fails to comply with a valid health insurance coverage assignment order entered and…
- § 3769 No employer shall use a health insurance coverage assignment order as grounds for refusing to hire a person or for discharging or taking disciplinary action…
- § 3770 Upon notice of motion by the obligor, the court shall terminate a health insurance coverage assignment order if any of the following conditions exist: (a) A…
- § 3771 Upon request of the local child support agency the employer shall provide the following information to the local child support agency within 30 days: (a) The…
- § 3772 The Judicial Council shall adopt forms for the health insurance coverage assignment required or authorized by this article, including, but not limited to, the…
- § 3773 (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…
CHAPTER 8. Deferred Sale of Home Order §§ 3800–3810 · 10 sections
- § 3800 As used in this chapter: (a) “Custodial parent” means a party awarded physical custody of a child. (b) “Deferred sale of home order” means an order that…
- § 3801 (a) If one of the parties has requested a deferred sale of home order pursuant to this chapter, the court shall first determine whether it is economically…
- § 3802 (a) If the court determines pursuant to Section 3801 that it is economically feasible to consider ordering a deferred sale of the family home, the court may…
- § 3803 A deferred sale of home order shall state the duration of the order and may include the legal description and assessor’s parcel number of the real property…
- § 3804 A deferred sale of home order may be recorded in the office of the county recorder of the county in which the real property is located.
- § 3806 The court may make an order specifying the parties’ respective responsibilities for the payment of the costs of routine maintenance and capital improvements.
- § 3807 Except as otherwise agreed to by the parties in writing, a deferred sale of home order may be modified or terminated at any time at the discretion of the court.
- § 3808 Except as otherwise agreed to by the parties in writing, if the party awarded the deferred sale of home order remarries, or if there is otherwise a change in…
- § 3809 In making an order pursuant to this chapter, the court shall reserve jurisdiction to determine any issues that arise with respect to the deferred sale of home…
- § 3810 This chapter is applicable regardless of whether the deferred sale of home order is made before or after January 1, 1989.
CHAPTER 9. Software Used to Determine Support § 3830 · 1 section
- § 3830 (a) On and after January 1, 1994, no court shall use any computer software to assist in determining the appropriate amount of child support or spousal support…