PART 5. ENFORCEMENT OF SUPPORT ORDERS [4500. - 5616.]
Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10.
§§ 4500–5616 · 123 sections
CHAPTER 1. General Provisions §§ 4500–4508 · 12 sections
- § 4500 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…
- § 4501 A family support order is enforceable in the same manner and to the same extent as a child support order.
- § 4502 The period for enforcement and procedure for renewal of a judgment or order for child, family, or spousal support is governed by Section 291.
- § 4503 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…
- § 4504 (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…
- § 4505 (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…
- § 4506 (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…
- § 4506.1 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…
- § 4506.2 (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…
- § 4506.3 The Judicial Council, in consultation with the California Family Support Council, the Department of Child Support Services, and title insurance industry…
- § 4507 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…
- § 4508 (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…
CHAPTER 2. Deposit of Money to Secure Future Child Support Payments §§ 4550–4573 · 16 sections
ARTICLE 1. General Provisions §§ 4550–4554 · 5 sections
- § 4550 “Child support obligee” as used in this chapter means either the parent, guardian, or other person to whom child support has been ordered to be paid or the…
- § 4551 Except as provided in this section, this chapter: (a) Does not apply to a temporary child support order. (b) Applies to an application for modification of…
- § 4552 The Judicial Council shall promulgate such rules of court and publish such related judicial forms as the Judicial Council determines are necessary and…
- § 4553 Nothing in this chapter shall be construed to permit any action or omission by the state or any of its political subdivisions that would place the state in…
- § 4554 This chapter applies notwithstanding any other law.
ARTICLE 2. Order for Deposit of Money §§ 4560–4563 · 4 sections
- § 4560 (a) Except as provided in subdivision (b) or in Article 3 (commencing with Section 4565), every order or judgment to pay child support may also require the…
- § 4561 If a child support security deposit is ordered, the court shall order that the moneys be deposited by the child support obligor in an interest-bearing account…
- § 4562 The court shall also order that evidence of the deposit shall be provided by the child support obligor in the form specified by the court, which shall be…
- § 4563 An account established pursuant to this chapter shall be dissolved and any remaining funds in the account shall be returned to the support obligor, with any…
ARTICLE 3. Application to Reduce or Eliminate Deposit §§ 4565–4567 · 3 sections
- § 4565 (a) Before entry of a child support order pursuant to Section 4560, the court shall give the child support obligor reasonable notice and opportunity to file an…
- § 4566 Upon the filing of an application under Section 4565 with the court and the service of the application upon the child support obligee and any other party to…
- § 4567 The court shall then provide an opportunity for hearing, and shall thereafter enter its order exercising its discretion under all the facts and circumstances…
ARTICLE 4. Use of Deposit to Make Delinquent Support Payment §§ 4570–4573 · 4 sections
- § 4570 (a) Upon the application of the child support obligee stating that the support payment is 10 or more days late, the court shall immediately order disbursement…
- § 4571 The court shall cause a copy of the application, as well as its order to disburse and replenish funds, to be served upon the child support obligor, who shall…
- § 4572 The court shall cause a copy of its order to disburse and replenish funds to be served upon the depository institution where the child support security deposit…
- § 4573 If support is ordered to be paid through the local child support agency on behalf of a child not receiving public assistance pursuant to the Family Economic…
CHAPTER 3. Deposit of Assets to Secure Future Child Support Payments §§ 4600–4641 · 19 sections
ARTICLE 1. General Provisions §§ 4600–4604 · 5 sections
- § 4600 The purpose of this chapter is to provide an extraordinary remedy for cases of bad faith failure to pay child support obligations.
- § 4601 “Deposit holder” as used in this chapter means the district attorney, county officer, or trustee designated by the court to receive assets deposited pursuant…
- § 4602 If requested by an obligor-parent, the deposit holder shall prepare a statement setting forth disbursements and receipts made under this chapter.
- § 4603 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…
- § 4604 (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,…
ARTICLE 2. Order for Deposit of Assets §§ 4610–4617 · 8 sections
- § 4610 (a) Subject to Sections 4613, 4614, and 4615, in any proceeding where the court has ordered either or both parents to pay any amount for the support of a child…
- § 4611 In a proceeding under this chapter, an obligor-parent shall rebut both of the following presumptions: (a) The nonpayment of child support was willful, without…
- § 4612 An obligor-parent alleged to be in arrears may use any of the following grounds as a defense to the motion filed pursuant to this article or as a basis for…
- § 4613 The court shall not issue an order pursuant to this article unless the court determines that one or more of the following conditions exist: (a) The…
- § 4614 The designation of assets subject to an order pursuant to this article shall be based upon concern for maximizing the liquidity and ready conversion into cash…
- § 4615 In lieu of depositing cash or other assets as provided in Section 4614, the obligor-parent may, if approved by the court, provide a performance bond secured by…
- § 4616 Upon deposit of an asset which is not readily convertible into money, the court may, after a hearing, order the sale of that asset and the deposit of the…
- § 4617 (a) If the asset ordered to be deposited is real property, the order shall be certified as an abstract of judgment in accordance with Section 674 of the Code…
ARTICLE 3. Ex Parte Restraining Orders § 4620 · 1 section
- § 4620 (a) During the pendency of a proceeding under this chapter, upon the application of either party in the manner provided by Part 4 (commencing with Section 240)…
ARTICLE 4. Use or Sale of Assets to Make Support Payments §§ 4630–4632 · 3 sections
- § 4630 (a) Upon an obligor-parent’s failure, within the time specified by the court, to make reasonable efforts to cure the default in child support payments or to…
- § 4631 (a) An obligor-parent may file a motion to stop the use of the money or the sale of the asset under this article within 15 days after service of notice on the…
- § 4632 An obligor-parent alleged to be in arrears under this article may use any ground set forth in Section 4612 as a basis for filing a motion under Section 4631 to…
ARTICLE 5. Return of Assets of Obligor §§ 4640–4641 · 2 sections
- § 4640 The deposit holder shall return all assets subject to court order under Article 2 (commencing with Section 4610) to the obligor-parent when both of the…
- § 4641 If the deposited asset is real property and the requirements of Section 4640 have been satisfied, the deposit holder shall do all of the following: (a) Prepare…
CHAPTER 4. Child Support Delinquency Reporting §§ 4700–4701 · 2 sections
CHAPTER 5. Civil Penalty for Child Support Delinquency §§ 4720–4733 · 14 sections
- § 4720 “Support” for the purposes of this chapter means support as defined in Section 150.
- § 4721 (a) This chapter applies only to installments of child support that are due on or after January 1, 1992. (b) It is the intent of the Legislature that the…
- § 4722 (a) Any person with a court order for child support, the payments on which are more than 30 days in arrears, may file and then serve a notice of delinquency,…
- § 4723 (a) The notice of delinquency shall be signed under penalty of perjury by the support obligee. (b) The notice of delinquency shall state all of the following:…
- § 4724 The notice of delinquency may be served personally or by certified mail or in any manner provided for service of summons.
- § 4725 If the child support owed, or any arrearages, interest, or penalty, remains unpaid more than 30 days after serving the notice of delinquency, the support…
- § 4726 No penalties may be imposed pursuant to this chapter if, in the discretion of the court, all of the following conditions are met: (a) Within a timely fashion…
- § 4727 Any penalty due under this chapter shall not be greater than 6 percent per month of the original amount of support arrearages or support installment, nor may…
- § 4728 Penalties due pursuant to this chapter may be enforced by the issuance of a writ of execution in the same manner as a writ of execution may be issued for…
- § 4729 The local child support agency or any other agency providing support enforcement services pursuant to Title IV-D of the federal Social Security Act may not…
- § 4730 At any hearing to set or modify the amount payable for the support of a child, the court shall not consider any penalties imposed under this chapter in…
- § 4731 A subsequent notice of delinquency may be served and filed at any time. The subsequent notice shall indicate those child support arrearages and ongoing…
- § 4732 The Judicial Council shall adopt forms or notices for the use of the procedures provided by this chapter.
- § 4733 Penalties collected pursuant to this chapter shall be paid to the custodian of the child who is the subject of the child support judgment or order, whether or…
CHAPTER 7. Enforcement by Writ of Execution §§ 5100–5104 · 3 sections
- § 5100 Notwithstanding Section 290, a child, family, or spousal support order may be enforced by a writ of execution or a notice of levy pursuant to Section 706.030…
- § 5103 (a) Notwithstanding Section 2060, an order for the payment of child, family, or spousal support may be enforced against an employee benefit plan regardless of…
- § 5104 (a) The application for a writ of execution shall be accompanied by an affidavit stating the total amount due and unpaid that is authorized to be enforced…
CHAPTER 8. Earnings Assignment Order §§ 5200–5604 · 50 sections
ARTICLE 1. Definitions §§ 5200–5220 · 11 sections
- § 5200 Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 5201 “Arrearage” or “arrearages” is the amount necessary to satisfy a support judgment or order pursuant to Section 695.210 of the Code of Civil Procedure.
- § 5202 “Assignment order” has the same meaning as “earnings assignment order for support.”
- § 5204 “Due date of support payments” is the date specifically stated in the order of support or, if no date is stated in the support order, the last day of the month…
- § 5206 “Earnings,” to the extent that they are subject to an earnings assignment order for support under Chapter 4 (commencing with Section 703.010) of Division 2 of…
- § 5208 (a) “Earnings assignment order for support” means an order that assigns to an obligee a portion of the earnings of a support obligor due or to become due in…
- § 5210 “Employer” includes all of the following: (a) A person for whom an individual performs services as an employee, as defined in Section 706.011 of the Code of…
- § 5212 “IV-D Case” means any case being established, modified, or enforced by the local child support agency pursuant to Section 654 of Title 42 of the United States…
- § 5214 “Obligee” or “assigned obligee” means either the person to whom support has been ordered to be paid, the local child support agency, or other person designated…
- § 5216 “Obligor” means a person owing a duty of support.
- § 5220 “Timely payment” means receipt of support payments by the obligee or assigned obligee within five days of the due date.
ARTICLE 2. General Provisions §§ 5230–5247 · 20 sections
- § 5230 (a) When the court orders a party to pay an amount for support or orders a modification of the amount of support to be paid, the court shall include in its…
- § 5230.1 (a) An earnings assignment or income withholding order for support issued by a court or administrative agency of another state is binding upon an employer of…
- § 5230.5 Any obligee alleging arrearages in child support shall specify the amount thereof under penalty of perjury.
- § 5231 Unless stayed pursuant to Article 4 (commencing with Section 5260), an assignment order is effective and binding upon any existing or future employer of the…
- § 5232 Service on an employer of an assignment order may be made by first-class mail in the manner prescribed in Section 1013 of the Code of Civil Procedure. The…
- § 5233 Unless the order states a later date, beginning as soon as possible after service of the order on the employer but not later than 10 days after service of the…
- § 5234 Within 10 days of service of an assignment order or an order/notice to withhold income for child support on an employer, the employer shall deliver both of the…
- § 5235 (a) The employer shall continue to withhold and forward support as required by the assignment order until served with notice terminating the assignment order.…
- § 5236 The state agency or the local agency, designated to enforce support obligations as required by federal law, shall allow employers to simplify the process of…
- § 5237 (a) Except as provided in subdivisions (b) and (c), the obligee shall notify the employer of the obligor, by first-class mail, postage prepaid, of any change…
- § 5238 (a) Where an assignment order or assignment orders include both current support and payments towards the liquidation of arrearages, priority shall be given…
- § 5239 Arrearages of support payments shall be computed on the basis of the payments owed and unpaid on the date that the obligor has been given notice of the…
- § 5240 (a) Upon the filing and service of a motion and a notice of motion by the obligor, the court shall terminate the service of an assignment order if past due…
- § 5241 (a) An employer who willfully fails to withhold and forward support pursuant to a currently valid assignment order entered and served upon the employer…
- § 5242 Service of the assignment order creates a lien on the earnings of the employee and the property of the employer to the same extent as the service of an…
- § 5243 An assignment order for support has priority as against any attachment, execution, or other assignment as specified in Section 706.031 of the Code of Civil…
- § 5244 A reference to the local child support agency in this chapter applies only when the local child support agency is otherwise ordered or required to act pursuant…
- § 5245 Nothing in this chapter limits the authority of the local child support agency to use any other civil and criminal remedies to enforce support obligations,…
- § 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…
- § 5247 Neither the local child support agency nor an employer shall be subject to any civil liability for any amount withheld and paid to the obligee, the local child…
ARTICLE 3. Support Orders Issued or Modified Before July 1, 1990 §§ 5250–5253 · 4 sections
- § 5250 For a support order first issued or modified before July 1, 1990, this article provides a procedure for obtaining an earnings assignment order for support when…
- § 5251 The obligee seeking issuance of an assignment order to enforce a support order described in Section 5250 may use the procedure set forth in this article by…
- § 5252 (a) An assignment order under this article may be issued only upon an application signed under penalty of perjury by the obligee that the obligor is in default…
- § 5253 Upon receipt of the application, the court shall issue, without notice to the obligor, an assignment order requiring the employer of the obligor to pay to the…
ARTICLE 4. Stay of Service of Assignment Order §§ 5260–5261 · 2 sections
- § 5260 (a) The court may order that service of the assignment order be stayed only if the court makes a finding of good cause or if an alternative arrangement exists…
- § 5261 (a) If service of the assignment order has been ordered stayed, the stay shall terminate pursuant to subdivision (b) upon the obligor’s failure to make timely…
ARTICLE 5. Motion to Quash Assignment Order §§ 5270–5272 · 3 sections
- § 5270 (a) An obligor may move to quash an assignment order on any of the following grounds: (1) The assignment order does not correctly state the amount of current…
- § 5271 (a) The motion and notice of motion to quash the assignment order shall be filed with the court issuing the order within 10 days after delivery of the copy of…
- § 5272 A finding of error in the amount of the current support or arrearage or that the amount exceeds federal or state limits is not grounds to vacate the assignment…
ARTICLE 6. Information Concerning Address and Employment of Obligor §§ 5280–5282 · 3 sections
- § 5280 If the obligee making the application under this chapter also states that the whereabouts of the obligor or the identity of the obligor’s employer is unknown…
- § 5281 An assignment order required or authorized by this chapter shall include a requirement that the obligor notify the obligee of any change of employment and of…
- § 5282 After the obligor has left employment with the employer, the employer, at the time the next payment is due on the assignment order, shall notify the obligee…
ARTICLE 7. Prohibited Practices § 5290 · 1 section
- § 5290 No employer shall use an assignment order authorized by this chapter as grounds for refusing to hire a person, or for discharging, taking disciplinary action…
ARTICLE 8. Judicial Council Forms § 5295 · 1 section
- § 5295 The Judicial Council shall prescribe forms necessary to carry out the requirements of this chapter, including the following: (a) The written statement of the…
ARTICLE 9. Intercounty Support Obligations §§ 5600–5604 · 5 sections
- § 5600 (a) A local child support agency or obligee may register an order for support or earnings withholding, or both, obtained in another county of the state. (b) An…
- § 5601 (a) When the local child support agency is responsible for the enforcement of a support order pursuant to Section 17400, the local child support agency may…
- § 5602 (a) An obligee other than the local child support agency may register an order issued in this state using the same procedures specified in subdivision (a) of…
- § 5603 (a) An obligor shall have 20 days after the service of notice of the registration of a California order of support in which to file a noticed motion requesting…
- § 5604 A previous determination of paternity made by another state, whether established through voluntary acknowledgment procedures in effect in that state or through…
CHAPTER 9. Private Child Support Collectors §§ 5610–5616 · 7 sections
- § 5610 For the purposes of this chapter, “private child support collector” means any individual, corporation, attorney, nonprofit organization, or other…
- § 5611 (a) A contract for the collection of child support between a private child support collector and an obligee shall be in writing and written in simple language,…
- § 5612 (a) Each private child support collector: (1) That charges any initial fee, processing fee, application fee, filing fee, or other fee or assessment that must…
- § 5613 (a) An obligee shall have the right to cancel a contract with a private support collector under either of the following circumstances: (1) Within 15 business…
- § 5614 (a) A private child support collector shall do all of the following: (1) (A) Provide to an obligee all of the following information: (i) The name of, and any…
- § 5615 (a) (1) A person may bring an action for actual damages incurred as a result of a violation of this chapter. (2) In addition to actual damages, a private child…
- § 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…