DIVISION 17. SUPPORT SERVICES [17000. - 17804.]

Division 17 added by Stats. 1999, Ch. 478, Sec. 1.

§§ 17000–17804 · 123 sections

CHAPTER 1. Department of Child Support Services §§ 17000–17393 · 34 sections
1. ARTICLE 1. General § 17000 · 1 section
  - § 17000 The definitions contained in this section, and definitions applicable to Division 9 (commencing with Section 3500), shall govern the construction of this…
2. ARTICLE 2. Organization §§ 17200–17212 · 8 sections
  - § 17200 The Department of Child Support Services is hereby created within the California Health and Human Services Agency. The department shall administer all services…
  - § 17202 (a) The department is hereby designated the single organizational unit whose duty it shall be to administer the Title IV-D state plan for securing child and…
  - § 17204 The department consists of the director and such division or other administrative units as the director may find necessary.
  - § 17206 The department shall ensure that there is an adequate organizational structure and sufficient staff to perform functions delegated to any governmental unit…
  - § 17208 (a) The department shall reduce the cost of, and increase the speed and efficiency of, child support enforcement operations. It is the intent of the…
  - § 17210 The department shall ensure that the local child support agency offices and services are reasonably accessible throughout the counties, and shall establish…
  - § 17211 The department shall administer the Child Support Assurance Demonstration Project established by Article 5 (commencing with Section 18241) of Chapter 3.3 of…
  - § 17212 (a) It is the intent of the Legislature to protect individual rights of privacy, and to facilitate and enhance the effectiveness of the child and spousal…
3. ARTICLE 3. Director of Child Support Services §§ 17300–17325 · 21 sections
  - § 17300 (a) With the consent of the Senate, the Governor shall appoint, to serve at the Governor’s pleasure, an executive officer who shall be director of the…
  - § 17302 The director shall do all of the following: (a) Be responsible for the management of the department. (b) Administer all federal and state laws and regulations…
  - § 17303 The Legislature finds and declares all of the following: (a) Title IV-D of the federal Social Security Act, contained in Part D (commencing with Section 651)…
  - § 17304 To address the concerns stated by the Legislature in Section 17303, each county shall establish a new county department of child support services. Each…
  - § 17305 (a) In order to achieve an orderly and timely transition to the new system with minimal disruption of services, the director shall begin the transition from…
  - § 17306 (a) The Department of Child Support Services shall develop uniform forms, policies, and procedures to be employed statewide by all local child support…
  - § 17306.1 (a) Commencing with the 2019–20 fiscal year, the department shall implement a revised local child support agency funding methodology that was developed in…
  - § 17307 (a) The Legislature hereby finds and declares that the Department of Child Support Services has the authority and discretion to prevent, correct, or remedy the…
  - § 17308 The director shall assume responsibility for implementing and managing all aspects of a single statewide automated child support system that will comply with…
  - § 17309 Effective October 1, 1998, the state shall operate a State Disbursement Unit as required by federal law (42 U.S.C. Secs. 654 (27), 654a(g), and 654b).
  - § 17309.5 (a) An employer who is required to withhold and, by electronic fund transfer, pay tax pursuant to Section 19011 of the Revenue and Taxation Code or Section…
  - § 17310 (a) The director shall formulate, adopt, amend, or repeal regulations and general policies affecting the purposes, responsibilities, and jurisdiction of the…
  - § 17311 (a) The Child Support Payment Trust Fund is hereby created in the State Treasury. The department shall administer the fund. (b) (1) The state may deposit child…
  - § 17311.5 (a) The department may enter into a trust agreement with a trustee or fiscal intermediary to receive or disburse child support collections. The trust agreement…
  - § 17311.7 (a) Any payment required to be made to a family through the State Disbursement Unit shall be made directly to the obligee parent in the child support order…
  - § 17312 (a) The department shall adopt regulations, orders, or standards of general application to implement, interpret, or make specific the law enforced by the…
  - § 17314 (a) Subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), the director shall appoint…
  - § 17316 No person, while holding the office of director, shall be a trustee, manager, director, or other officer or employee of any agency performing any function…
  - § 17318 Except as otherwise expressly provided, Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code, as it may be added to or…
  - § 17320 The department shall coordinate with the State Department of Social Services to avoid the imposition of any federal penalties that cause a reduction in the…
  - § 17325 (a) (1) Notwithstanding any other law, if child support payments are directly deposited to an account of the recipient’s choice, as authorized under the…
4. ARTICLE 4. Statewide Registry for Child Support §§ 17390–17393 · 4 sections
  - § 17390 (a) The Legislature finds and declares that there is no single statewide database containing statistical data regarding child support orders. (b) The…
  - § 17391 (a) The department shall develop an implementation plan for the Statewide Child Support Registry. The Statewide Child Support Registry shall be operated by the…
  - § 17392 (a) The Judicial Council shall develop any forms that may be necessary to implement the Statewide Child Support Registry. The forms may be in electronic form…
  - § 17393 The Judicial Council shall develop the forms necessary to implement this article.
CHAPTER 2. Child Support Enforcement §§ 17400–17714 · 85 sections
1. ARTICLE 1. Support Obligations §§ 17400–17440 · 33 sections
  - § 17400 (a) (1) Each county shall maintain a local child support agency, as specified in Section 17304, that shall have the responsibility for promptly and effectively… see note
  - § 17400.5 If an obligor has an ongoing child support order being enforced by a local child support agency pursuant to Title IV-D of the Social Security Act and the…
  - § 17401 If the parent who is receiving support enforcement services provides to the local child support agency substantial, credible, information regarding the…
  - § 17401.5 (a) All of the following shall include notice of, and information about, the child support service hearings available pursuant to Section 17801, provided that…
  - § 17402 (a) In any case of separation or desertion of a parent or parents from a child or children that results in aid under Chapter 2 (commencing with Section 11200)…
  - § 17402.1 (a) Each local child support agency shall, on a monthly basis, remit to the department both the federal and state public assistance child support payments…
  - § 17404 (a) Notwithstanding any other statute, in any action brought by the local child support agency for the support of a minor child or children, the action may be…
  - § 17404.1 (a) Upon receipt of a petition or comparable pleading pursuant to Part 6 (commencing with Section 5700.101) of Division 9, the local child support agency or…
  - § 17404.2 (a) If, prior to filing, a petition or comparable pleading pursuant to Part 6 (commencing with Section 5700.101) of Division 9 is received by the local child…
  - § 17404.3 Hearings by telephone, audiovisual means, or other electronic means shall be permitted in child support cases in which the local child support agency is…
  - § 17404.4 In exercising the jurisdiction under Section 5700.319, either the department or the local child support agency shall issue a notice to change payee on a…
  - § 17405 In carrying out duties under this article, the local child support agency shall interview the custodial parent within 10 business days of opening a child…
  - § 17406 (a) In all actions involving paternity or support, including, but not limited to, other proceedings under this code, and under Division 9 (commencing with…
  - § 17407 (a) If the Attorney General is of the opinion that a support order or support-related order is erroneous and presents a question of law warranting an appeal,…
  - § 17407.5 A declaration of state reciprocity issued by the Attorney General on or before December 31, 2015, and a declaration issued pursuant to subdivision (b) of…
  - § 17408 (a) Notwithstanding Section 17404, upon noticed motion of the local child support agency, the superior court may consolidate or combine support or…
  - § 17410 In any action filed by the local child support agency pursuant to Section 17402 or 17404, the local child support agency shall provide the mother and the…
  - § 17412 (a) Notwithstanding any other law, an action for child support may be brought by the local child support agency on behalf of a minor child or caretaker parent…
  - § 17414 In any action or proceeding brought by the local child support agency to establish parentage pursuant to Section 17400, the court shall enter a judgment…
  - § 17415 (a) It shall be the duty of the county welfare department to refer all cases in which a parent is absent from the home, or in which the parents are unmarried…
  - § 17416 (a) When the local child support agency has undertaken enforcement of support, the local child support agency may enter into an agreement with the noncustodial…
  - § 17418 In enforcing the provisions of this division, the local child support agency shall inquire of both the custodial and noncustodial parent as to the number of…
  - § 17420 After judgment in any court action brought to enforce the support obligation of a noncustodial parent pursuant to the provisions of this division, the court…
  - § 17422 (a) The state medical insurance form required in Article 1 (commencing with Section 3750) of Chapter 7 of Part 1 of Division 9 shall include, but shall not be…
  - § 17424 (a) A parent who has been served with a medical insurance form shall complete and return the form to the local child support agency’s office within 20 calendar…
  - § 17428 In any action or judgment brought or obtained pursuant to Section 17400, 17402, 17404, or 17416, a supplemental complaint may be filed, pursuant to Section 464…
  - § 17430 (a) (1) Notwithstanding any other law, in an action filed by the local child support agency pursuant to Section 17400, 17402, 17404, or 17404.1, in which the…
  - § 17432 (a) In any action filed by the local child support agency pursuant to Section 17400, 17402, 17404, or 17404.1, the court may, on any terms that may be just,…
  - § 17432.5 No later than September 1, 2024, the Judicial Council shall adopt and approve any forms necessary to implement Sections 17400, 17404.1, 17430, and 17432 as…
  - § 17433 In an action in which a judgment or order for support was entered after the entry of the default of the defendant under Section 17430, the court shall relieve…
  - § 17433.5 In any action enforced pursuant to this article, no interest shall accrue on an obligation for current child, spousal, family, or medical support due in a…
  - § 17434 (a) The department shall publish a booklet describing the proper procedures and processes for the collection and payment of child and spousal support. The…
  - § 17440 (a) The Department of Child Support Services shall work with all branches of the United States military and the National Guard to ensure that information is…
2. ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match §§ 17450–17460 · 6 sections
  - § 17450 (a) For purposes of this article: (1) “Child support delinquency” means a delinquency defined in subdivision (c) of Section 17500. (2) “Earnings” shall include…
  - § 17452 (a) Subject to state and federal privacy and information security laws, the Franchise Tax Board shall make tax return information available to the department,…
  - § 17453 (a) The department, in coordination with financial institutions doing business in this state, shall operate a Financial Institution Data Match System utilizing…
  - § 17454 (a) At least 45 days before sending a notice to withhold, the department shall request that a depository institution provide the department with a designated…
  - § 17456 (a) Any person required to withhold and transmit any amount pursuant to this article shall comply with the requirement without resort to any legal or equitable…
  - § 17460 (a) As necessary, the department shall seek reciprocal agreements with other states to improve its ability to collect child support payments from out-of-state…
3. ARTICLE 2. Collections and Enforcement §§ 17500–17560 · 33 sections
  - § 17500 (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency…
  - § 17502 A local child support agency that is collecting child support payments on behalf of a child and who is unable to deliver the payments to the obligee because…
  - § 17504 (a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars… see note
  - § 17504.2 (a) (1) Any amount of support collected in a month in payment of an assigned support obligation shall be passed through to a former recipient of aid under…
  - § 17504.4 On a monthly basis, the local child support agency shall provide to any CalWORKs recipient or former recipient for whom an assignment pursuant to subdivision…
  - § 17505 (a) All state, county, and local agencies shall cooperate with the local child support agency (1) in the enforcement of any child support obligation or to the…
  - § 17506 (a) There is in the department a California Parent Locator Service and Central Registry that shall collect and disseminate all of the following, with respect…
  - § 17508 (a) The Employment Development Department shall, when requested by the Department of Child Support Services local child support agency, the federal Parent…
  - § 17509 Once the statewide automated system is fully implemented, the Department of Child Support Services shall periodically compare Employment Development Department…
  - § 17510 To assist local agencies in child support enforcement activities, the department shall operate a workers’ compensation notification project based on…
  - § 17512 (a) Upon receipt of a written request from a local child support agency enforcing the obligation of parents to support their children pursuant to Section…
  - § 17514 (a) It is the intent of the Legislature to protect individual rights of privacy, and to facilitate and enhance the effectiveness of the child abduction and…
  - § 17516 In no event shall public social service benefits, as defined in Section 10051 of the Welfare and Institutions Code, or benefits paid pursuant to Title XVI of…
  - § 17518 (a) As authorized by subdivision (d) of Section 704.120 of the Code of Civil Procedure, the following actions shall be taken in order to enforce support…
  - § 17520 (a) As used in this section: (1) “Applicant” means a person applying for issuance or renewal of a license. (2) “Board” means an entity specified in Section 101…
  - § 17520.5 (a) (1) Notwithstanding any other law, the department shall not include in the list sent to the Department of Motor Vehicles pursuant to Section 17520, for the…
  - § 17521 The order to show cause or notice of motion described in subdivision (j) of Section 17520 shall be filed and heard in the superior court.
  - § 17522 (a) Notwithstanding any other law, if a support obligor is delinquent in the payment of support for at least 30 days and the local child support agency is…
  - § 17522.5 (a) Notwithstanding Section 8112 of the Commercial Code and Section 700.130 of the Code of Civil Procedure, when a local child support agency pursuant to…
  - § 17523 (a) Notwithstanding any other provision of law, if a support obligor is delinquent in the payment of support and the local child support agency is enforcing…
  - § 17523.5 (a) (1) Notwithstanding any other law, in connection with the duty of the department and the local child support agency to promptly and effectively collect and…
  - § 17524 (a) Upon making application to the local child support agency for child support enforcement services pursuant to Section 17400, every applicant shall be…
  - § 17525 (a) Whenever a state or local governmental agency issues a notice of support delinquency, the notice shall state the date upon which the amount of the…
  - § 17526 (a) Upon request of an obligor or obligee, the local child support agency shall review the amount of arrearages alleged in a statement of arrearages that may…
  - § 17528 (a) As authorized by subdivision (c) of Section 704.110 of the Code of Civil Procedure, the following actions shall be taken in order to enforce support…
  - § 17530 (a) Notwithstanding any other law, this section applies to any actions taken to enforce a judgment or order for support entered as a result of action filed by…
  - § 17531 When a local child support agency closes a child support case containing summary criminal history information, the local child support agency shall delete or…
  - § 17540 (a) (1) Commencing July 1, 2000, the department shall pay only those county claims for federal or state reimbursement under this division which are filed with…
  - § 17550 (a) The Department of Child Support Services, in consultation with the State Department of Social Services, shall establish regulations by which the local…
  - § 17552 (a) (1) The State Department of Social Services, in consultation with the Department of Child Support Services, shall promulgate regulations by which the…
  - § 17555 (a) Any appropriation made available in the annual Budget Act for the purposes of augmenting funding for local child support agencies in the furtherance of…
  - § 17556 On or before March 1, 2019, and annually thereafter, the department shall submit a report to the Legislature providing information on the status of all of the…
  - § 17560 (a) The department shall establish and operate a statewide compromise of arrears program pursuant to which the department may accept offers in compromise of…
4. ARTICLE 3. Program Compliance §§ 17600–17604 · 4 sections
  - § 17600 (a) The Legislature finds and declares all of the following: (1) The Legislative Analyst has found that county child support enforcement programs provide a net…
  - § 17601 The department shall provide to the Legislature actual performance data on child support collections within 60 days of the end of each quarter. This data shall…
  - § 17602 (a) The department shall adopt the federal minimum standards as the baseline standard of performance for the local child support agencies and work in…
  - § 17604 (a) (1) If at any time the director considers any public agency, that is required by law, by delegation of the department, or by cooperative agreement to…
5. ARTICLE 4. Program Costs §§ 17701–17714 · 9 sections
  - § 17701 (a) There is established within California’s child support program a quality assurance and performance improvement program, pursuant to which local child…
  - § 17702 (a) The department shall assess, at least once every three years, each county’s compliance with federal and state child support laws and regulations in effect…
  - § 17702.5 (a) The Child Support Collections Recovery Fund is hereby created in the State Treasury, and shall be administered by the department for the purposes specified…
  - § 17703 (a) A revolving fund in the State Treasury is hereby created to be known as the Child Support Services Advance Fund. All moneys deposited into the fund are for…
  - § 17704 (a) For the 1998–99 fiscal year the department shall pay to each county a child support incentive payment. Every county shall receive the federal child support…
  - § 17708 (a) This section shall apply to any county that elects to participate in the state incentive program described in Section 17704. (b) Each participating county…
  - § 17710 (a) Each county shall be responsible for any administrative expenditures for administering the child support program not covered by federal and state funds.…
  - § 17712 Notwithstanding subdivision (a) of Section 17708, and to the extent funds are appropriated by the annual Budget Act, funds shall be provided to the Judicial…
  - § 17714 (a) (1) Any funds paid to a county pursuant to this chapter prior to June 30, 1999, which exceed the county’s cost of administering the child support program…
CHAPTER 5. Complaint Resolution §§ 17800–17804 · 4 sections
- § 17800 Each local child support agency shall maintain a complaint resolution process. The department shall specify by regulation, no later than July 1, 2001, uniform…
- § 17801 (a) A custodial or noncustodial parent who is dissatisfied with the local child support agency’s resolution of a complaint shall be accorded an opportunity for…
- § 17803 The custodial or noncustodial parent, within one year after receiving notice of the director’s final decision, may file a petition with the superior court,…
- § 17804 Each local child support agency shall establish the complaint resolution process specified in Section 17800. The department shall implement the state hearing…