CHAPTER 8. Earnings Assignment Order [5200. - 5604.]

Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10.

§§ 5200–5604 · 50 sections

1. 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.
2. 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…
3. 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…
4. 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…
5. 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…
6. 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…
7. 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…
8. 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…
9. 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…