DIVISION 9. SUPPORT [3500. - 5700.905.]
Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10.
§§ 3500–5700.905 · 375 sections
PART 1. DEFINITIONS AND GENERAL PROVISIONS §§ 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…
PART 2. CHILD SUPPORT §§ 3900–4253 · 63 sections
CHAPTER 1. Duty of Parent to Support Child §§ 3900–3952 · 8 sections
ARTICLE 1. Support of Minor Child §§ 3900–3902 · 3 sections
- § 3900 Subject to this division, the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s…
- § 3901 (a) (1) The duty of support imposed by Section 3900 continues as to an unmarried child who has attained 18 years of age, is a full-time high school student,…
- § 3902 The court may direct that an allowance be made to the parent of a child for whom support may be ordered out of the child’s property for the child’s past or…
ARTICLE 2. Support of Adult Child § 3910 · 1 section
- § 3910 (a) Each parent of a child has an equal responsibility to maintain, to the extent of their ability, their child of whatever age who is incapacitated from…
ARTICLE 3. Support of Grandchild § 3930 · 1 section
- § 3930 A parent does not have the duty to support a child of the parent’s child.
ARTICLE 4. Liability to Others Who Provide Support for Child §§ 3950–3952 · 3 sections
- § 3950 If a parent neglects to provide articles necessary for the parent’s child who is under the charge of the parent, according to the circumstances of the parent,…
- § 3951 (a) A parent is not bound to compensate the other parent, or a relative, for the voluntary support of the parent’s child, without an agreement for…
- § 3952 If a parent chargeable with the support of a child dies leaving the child chargeable to the county or leaving the child confined in a state institution to be…
CHAPTER 2. Court-Ordered Child Support §§ 4000–4253 · 55 sections
ARTICLE 1. General Provisions §§ 4000–4014 · 16 sections
- § 4000 If a parent has the duty to provide for the support of the parent’s child and willfully fails to so provide, the other parent, or the child by a guardian ad…
- § 4001 In any proceeding where there is at issue the support of a minor child or a child for whom support is authorized under Section 3901 or 3910, the court may…
- § 4002 (a) The county may proceed on behalf of a child to enforce the child’s right of support against a parent. (b) If the county furnishes support to a child, the…
- § 4003 In any case in which the support of a child is at issue, the court may, upon a showing of good cause, order a separate trial on that issue. The separate trial…
- § 4004 In a proceeding where there is at issue the support of a child, the court shall require the parties to reveal whether a party is currently receiving, or…
- § 4005 At the request of either party, the court shall make appropriate findings with respect to the circumstances on which the order for support of a child is based.
- § 4006 In a proceeding for child support under this code, including, but not limited to, Division 17 (commencing with Section 17000), the court shall consider the…
- § 4007 (a) If a court orders a person to make specified payments for support of a child during the child’s minority, or until the child is married or otherwise…
- § 4007.5 (a) Every money judgment or order for support of a child shall be suspended, by operation of law, for any period exceeding 90 consecutive days in which the…
- § 4008 The community property, the quasi-community property, and the separate property may be subjected to the support of the children in the proportions the court…
- § 4009 An original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. If the parent ordered to…
- § 4010 In a proceeding in which the court orders a payment for the support of a child, the court shall, at the time of providing written notice of the order, provide…
- § 4011 Payment of child support ordered by the court shall be made by the person owing the support payment before payment of any debts owed to creditors.
- § 4012 Upon a showing of good cause, the court may order a parent required to make a payment of child support to give reasonable security for the payment.
- § 4013 If obligations for support of a child are discharged in bankruptcy, the court may make all proper orders for the support of the child that the court determines…
- § 4014 (a) An order for child support issued or modified pursuant to this chapter shall include a provision requiring the obligor and child support obligee to notify…
ARTICLE 2. Statewide Uniform Guideline §§ 4050–4077 · 29 sections
- § 4050 In adopting the statewide uniform guideline provided in this article, it is the intention of the Legislature to ensure that this state remains in compliance…
- § 4052 The court shall adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances set forth in this article.
- § 4052.5 (a) The statewide uniform guideline, as required by federal regulations, shall apply in any case in which a child has more than two parents. The court shall…
- § 4053 In implementing the statewide uniform guideline, the courts shall adhere to the following principles: (a) A parent’s first and principal obligation is to…
- § 4054 (a) The Judicial Council shall periodically review the statewide uniform guideline to recommend to the Legislature appropriate revisions. (b) The review shall…
- § 4055 (a) The statewide uniform guideline for determining child support orders is as follows: CS = K[HN - (H%)(TN)]. (b) (1) The components of the formula are as…
- § 4056 (a) To comply with federal law, the court shall state, in writing or on the record, the following information whenever the court is ordering an amount for…
- § 4057 (a) The amount of child support established by the formula provided in subdivision (a) of Section 4055 is presumed to be the correct amount of child support to…
- § 4057.5 (a) (1) The income of the obligor parent’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support, except…
- § 4058 (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited…
- § 4059 The annual net disposable income of each parent shall be computed by deducting from the parent’s annual gross income the actual amounts attributable to the…
- § 4060 The monthly net disposable income shall be computed by dividing the annual net disposable income by 12. If the monthly net disposable income figure does not…
- § 4061 The amounts in Section 4062 shall be considered additional support for the children and shall be computed in accordance with the following: (a) If there needs…
- § 4062 (a) The court shall order the following as additional child support: (1) Childcare costs, if those expenses are actually incurred, related to employment or to…
- § 4063 (a) When making an order pursuant to subdivision (a) of Section 4062, the court shall: (1) Advise each parent, in writing or on the record, of the parent’s…
- § 4064 The court may adjust the child support order as appropriate to accommodate seasonal or fluctuating income of either parent.
- § 4065 (a) Unless prohibited by applicable federal law, the parties may stipulate to a child support amount subject to approval of the court. However, the court shall…
- § 4066 Orders and stipulations otherwise in compliance with the statewide uniform guideline may designate as “family support” an unallocated total sum for support of…
- § 4067 It is the intent of the Legislature that the statewide uniform guideline shall be reviewed by the Legislature at least every four years and shall be revised by…
- § 4068 (a) The Judicial Council may develop the following: (1) Model worksheets to assist parties in determining the approximate amount of child support due under the…
- § 4069 The establishment of the statewide uniform guideline constitutes a change of circumstances.
- § 4070 If a parent is experiencing extreme financial hardship due to justifiable expenses resulting from the circumstances enumerated in Section 4071, on the request…
- § 4071 (a) Circumstances evidencing hardship include the following: (1) Extraordinary health expenses for which the parent is financially responsible, and uninsured…
- § 4072 (a) If a deduction for hardship expenses is allowed, the court shall do both of the following: (1) State the reasons supporting the deduction in writing or on…
- § 4073 The court shall be guided by the goals set forth in this article when considering whether or not to allow a financial hardship deduction, and, if allowed, when…
- § 4074 This article applies to an award for the support of children, including those awards designated as “family support,” that contain provisions for the support of…
- § 4075 This article shall not be construed to affect the treatment of spousal support and separate maintenance payments pursuant to Section 71 of the Internal Revenue…
- § 4076 (a) When the court is requested to modify a child support order issued prior to July 1, 1992, for the purpose of conforming to the statewide child support…
- § 4077 The Department of Child Support Services and the Judicial Council shall meet and confer, no later than November 21, 2022, and each entity shall submit its own…
ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney §§ 4200–4205 · 6 sections
- § 4200 In any proceeding where a court makes or has made an order requiring the payment of child support to a parent receiving welfare moneys for the maintenance of…
- § 4201 In any proceeding where a court makes or has made an order requiring the payment of child support to the person having custody of a child for whom support may…
- § 4202 (a) Notwithstanding any other provision of law, in a proceeding where the custodial parent resides in one county and the parent ordered to pay support resides…
- § 4203 (a) Except as provided in Section 4202, expenses of the county officer designated by the court, and expenses of the local child support agency incurred in the…
- § 4204 Notwithstanding any other law, in any proceeding where the court has made an order requiring the payment of child support and the child support is subsequently…
- § 4205 Any notice from the local child support agency requesting a meeting with the support obligor for any purpose authorized under this part shall contain a…
ARTICLE 4. Child Support Commissioners §§ 4250–4253 · 4 sections
- § 4250 (a) The Legislature finds and declares the following: (1) Child and spousal support are serious legal obligations. (2) The current system for obtaining,…
- § 4251 (a) Commencing July 1, 1997, each superior court shall provide sufficient commissioners to hear Title IV-D child support cases filed by the local child support…
- § 4252 (a) The superior court shall appoint one or more subordinate judicial officers as child support commissioners to perform the duties specified in Section 4251.…
- § 4253 Notwithstanding any other provision of law, when hearing child support matters, a commissioner or referee may enter default orders if the defendant does not…
PART 3. SPOUSAL SUPPORT §§ 4300–4360 · 26 sections
CHAPTER 1. Duty to Support Spouse §§ 4300–4303 · 4 sections
- § 4300 Subject to this division, a person shall support the person’s spouse.
- § 4301 Subject to Section 914, a person shall support the person’s spouse while they are living together out of the separate property of the person when there is no…
- § 4302 A person is not liable for support of the person’s spouse when the person is living separate from the spouse by agreement unless support is stipulated in the…
- § 4303 (a) The obligee spouse, or the county on behalf of the obligee spouse, may bring an action against the obligor spouse to enforce the duty of support. (b) If…
CHAPTER 2. Factors to be Considered in Ordering Support §§ 4320–4326 · 8 sections
- § 4320 In ordering spousal support under this part, the court shall consider all of the following circumstances: (a) The extent to which the earning capacity of each…
- § 4321 In a judgment of dissolution of marriage or legal separation of the parties, the court may deny support to a party out of the separate property of the other…
- § 4322 In an original or modification proceeding, where there are no children, and a party has or acquires a separate estate, including income from employment,…
- § 4323 (a) (1) Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for…
- § 4324 In addition to any other remedy authorized by law, when a spouse is convicted of attempting to murder the other spouse, as punishable pursuant to subdivision…
- § 4324.5 (a) In any proceeding for dissolution of marriage where there is a criminal conviction for a violent sexual felony or a domestic violence felony perpetrated by…
- § 4325 (a) In a proceeding for dissolution of marriage where there is a criminal conviction for a domestic violence misdemeanor or a criminal conviction for a…
- § 4326 (a) Except as provided in subdivision (d), in a proceeding in which a spousal support order exists or in which the court has retained jurisdiction over a…
CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation §§ 4330–4339 · 10 sections
- § 4330 (a) In a judgment of dissolution of marriage or legal separation of the parties, the court may order a party to pay for the support of the other party an…
- § 4331 (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational…
- § 4332 In a proceeding for dissolution of marriage or for legal separation of the parties, the court shall make specific factual findings with respect to the standard…
- § 4333 An order for spousal support in a proceeding for dissolution of marriage or for legal separation of the parties may be made retroactive to the date of filing…
- § 4334 (a) If a court orders spousal support for a contingent period of time, the obligation of the supporting party terminates on the happening of the contingency.…
- § 4335 An order for spousal support terminates at the end of the period provided in the order and shall not be extended unless the court retains jurisdiction in the…
- § 4336 (a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a…
- § 4337 Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of…
- § 4338 In the enforcement of an order for spousal support, the court shall resort to the property described below in the order indicated: (a) The earnings, income, or…
- § 4339 The court may order the supporting party to give reasonable security for payment of spousal support.
CHAPTER 4. Payment to Court-Designated Officer; Enforcement by District Attorney §§ 4350–4352 · 3 sections
- § 4350 In any proceeding where a court makes or has made an order requiring the payment of spousal support, the court may direct that payment shall be made to the…
- § 4351 (a) In a proceeding where the court has entered an order pursuant to Section 4350, the court may also refer the matter of enforcement of the spousal support…
- § 4352 (a) Insofar as expenses of the county officer designated by the court and expenses of the local child support agency incurred in the enforcement of an order…
CHAPTER 5. Provision for Support After Death of Supporting Party § 4360 · 1 section
- § 4360 (a) For the purpose of Section 4320, where it is just and reasonable in view of the circumstances of the parties, the court, in determining the needs of a…
PART 4. SUPPORT OF PARENTS §§ 4400–4414 · 11 sections
CHAPTER 1. General Provisions §§ 4400–4405 · 6 sections
- § 4400 Except as otherwise provided by law, an adult child shall, to the extent of the adult child’s ability, support a parent who is in need and unable to…
- § 4401 The promise of an adult child to pay for necessaries previously furnished to a parent described in Section 4400 is binding.
- § 4402 The duty of support under this part is cumulative and not in substitution for any other duty.
- § 4403 (a) Subject to subdivision (b): (1) A parent, or the county on behalf of the parent, may bring an action against the child to enforce the duty of support under…
- § 4404 In determining the amount to be ordered for support, the court shall consider the following circumstances of each party: (a) Earning capacity and needs. (b)…
- § 4405 The court retains jurisdiction to modify or terminate an order for support where justice requires.
CHAPTER 2. Relief from Duty to Support Parent Who Abandoned Child §§ 4410–4414 · 5 sections
- § 4410 An adult child may file a petition in the county where a parent of the child resides requesting that the court make an order freeing the petitioner from the…
- § 4411 The court shall make the order requested pursuant to Section 4410 only if the petition alleges and the court finds all of the following: (a) The child was…
- § 4412 On the filing of a petition under this chapter, the clerk shall set the matter for hearing by the court and shall issue a citation, stating the time and place…
- § 4413 If the parent is a resident of this state, the court does not have jurisdiction to make an order under this chapter until 30 days after the county counsel, or…
- § 4414 (a) If, upon hearing, the court determines that the requirements of Section 4411 are satisfied, the court shall make an order that the petitioner is relieved…
PART 5. ENFORCEMENT OF SUPPORT ORDERS §§ 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…
PART 6. Uniform Interstate Family Support Act §§ 5700.101–5700.905 · 79 sections
CHAPTER 1. General Provisions §§ 5700.101–5700.105 · 5 sections
- § 5700.101 (a) This part may be cited as the Uniform Interstate Family Support Act. (b) There is a federal mandate set forth in Section 666(f) of Title 42 of the United…
- § 5700.102 In this part: (1) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s…
- § 5700.103 (a) The superior court is the tribunal of this state. (b) The Department of Child Support Services is the support enforcement agency of this state.
- § 5700.104 (a) Remedies provided by this part are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order…
- § 5700.105 (a) A tribunal of this state shall apply Chapters 1 through 6 and, as applicable, Chapter 7, to a support proceeding involving: (1) a foreign support order;…
CHAPTER 2. Jurisdiction §§ 5700.201–5700.211 · 11 sections
- § 5700.201 (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction…
- § 5700.202 Personal jurisdiction acquired by a tribunal of this state in a proceeding under this part or other law of this state relating to a support order continues as…
- § 5700.203 Under this part, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding…
- § 5700.204 (a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed…
- § 5700.205 (a) A tribunal of this state that has issued a child-support order consistent with the law of this state has and shall exercise continuing, exclusive…
- § 5700.206 (a) A tribunal of this state that has issued a child-support order consistent with the law of this state may serve as an initiating tribunal to request a…
- § 5700.207 (a) If a proceeding is brought under this part and only one tribunal has issued a child-support order, the order of that tribunal controls and must be…
- § 5700.208 In responding to registrations or petitions for enforcement of two or more child-support orders in effect at the same time with regard to the same obligor and…
- § 5700.209 A tribunal of this state shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same…
- § 5700.210 A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this part, under other law of this state relating to a…
- § 5700.211 (a) A tribunal of this state issuing a spousal-support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the…
CHAPTER 3. Civil Provisions of General Application §§ 5700.301–5700.319 · 19 sections
- § 5700.301 (a) Except as otherwise provided in this part, this chapter applies to all proceedings under this part. (b) An individual petitioner or a support enforcement…
- § 5700.302 A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child.
- § 5700.303 Except as otherwise provided in this part, a responding tribunal of this state shall: (1) apply the procedural and substantive law generally applicable to…
- § 5700.304 (a) Upon the filing of a petition authorized by this part, an initiating tribunal of this state shall forward the petition and its accompanying documents: (1)…
- § 5700.305 (a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Section…
- § 5700.306 If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents…
- § 5700.307 (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this part. (b) A support enforcement…
- § 5700.308 (a) If the Attorney General or the Department of Child Support Services determines that the support enforcement agency is neglecting or refusing to provide…
- § 5700.309 An individual may employ private counsel to represent the individual in proceedings authorized by this part.
- § 5700.310 (a) The Department of Child Support Services is the state information agency under this part. (b) The state information agency shall: (1) compile and maintain…
- § 5700.311 (a) In a proceeding under this part, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support…
- § 5700.312 If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of…
- § 5700.313 (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of this state may assess against…
- § 5700.314 (a) Participation by a petitioner in a proceeding under this part before a responding tribunal, whether in person, by private attorney, or through services…
- § 5700.315 A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this part.
- § 5700.316 (a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or…
- § 5700.317 A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information…
- § 5700.318 A tribunal of this state may: (1) request a tribunal outside this state to assist in obtaining discovery; and (2) upon request, compel a person over which it…
- § 5700.319 (a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order.…
CHAPTER 4. Establishment of Support Order or Determination of Parentage §§ 5700.401–5700.402 · 2 sections
- § 5700.401 (a) If a support order entitled to recognition under this part has not been issued, a responding tribunal of this state with personal jurisdiction over the…
- § 5700.402 A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child…
CHAPTER 5. Enforcement of Support Order Without Registration §§ 5700.501–5700.507 · 7 sections
- § 5700.501 An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as…
- § 5700.502 (a) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor. (b) The employer shall…
- § 5700.503 If an obligor’s employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of…
- § 5700.504 An employer that complies with an income-withholding order issued in another state in accordance with this chapter is not subject to civil liability to an…
- § 5700.505 An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same…
- § 5700.506 (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this…
- § 5700.507 (a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign…
CHAPTER 6. Registration, Enforcement, and Modification of Support Order §§ 5700.601–5700.616 · 16 sections
ARTICLE 1. Registration for Enforcement of Support Order §§ 5700.601–5700.604 · 4 sections
- § 5700.601 A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
- § 5700.602 (a) Except as otherwise provided in Section 5700.706, a support order or income-withholding order of another state or a foreign support order may be registered…
- § 5700.603 (a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering…
- § 5700.604 (a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs: (1) the nature, extent, amount, and duration of…
ARTICLE 2. Contest of Validity or Enforcement §§ 5700.605–5700.608 · 4 sections
- § 5700.605 (a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state…
- § 5700.606 (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time…
- § 5700.607 (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of…
- § 5700.608 Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any…
ARTICLE 3. Registration and Modification of Child-Support Order of Another State §§ 5700.609–5700.614 · 6 sections
- § 5700.609 A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in…
- § 5700.610 A tribunal of this state may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had…
- § 5700.611 (a) If Section 5700.613 does not apply, upon petition a tribunal of this state may modify a child-support order issued in another state which is registered in…
- § 5700.612 If a child-support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform…
- § 5700.613 (a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has…
- § 5700.614 Within 30 days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing…
ARTICLE 4. Registration and Modification of Foreign Child-Support Order §§ 5700.615–5700.616 · 2 sections
- § 5700.615 (a) Except as otherwise provided in Section 5700.711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant…
- § 5700.616 A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that…
CHAPTER 7. Support Proceeding Under Convention §§ 5700.701–5700.713 · 13 sections
- § 5700.701 In this chapter: (1) “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for…
- § 5700.702 This chapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this chapter is inconsistent with Chapters 1…
- § 5700.703 The Department of Child Support Services is recognized as the agency designated by the United States central authority to perform specific functions under the…
- § 5700.704 (a) In a support proceeding under this chapter, the Department of Child Support Services shall: (1) transmit and receive applications; and (2) initiate or…
- § 5700.705 (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the…
- § 5700.706 (a) Except as otherwise provided in this chapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support…
- § 5700.707 (a) Except as otherwise provided in this chapter, Sections 5700.605 through 5700.608 apply to a contest of a registered Convention support order. (b) A party…
- § 5700.708 (a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order. (b) The…
- § 5700.709 If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An…
- § 5700.710 (a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in…
- § 5700.711 (a) A tribunal of this state may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order…
- § 5700.712 Personal information gathered or transmitted under this chapter may be used only for the purposes for which it was gathered or transmitted.
- § 5700.713 A record filed with a tribunal of this state under this chapter must be in the original language and, if not in English, must be accompanied by an English…
CHAPTER 8. Interstate Rendition §§ 5700.801–5700.802 · 2 sections
- § 5700.801 (a) For purposes of this chapter, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this…
- § 5700.802 (a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the…
CHAPTER 9. Miscellaneous Provisions §§ 5700.901–5700.905 · 4 sections
- § 5700.901 In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among…
- § 5700.902 This part applies to proceedings begun on or after January 1, 2016, to establish a support order or determine parentage of a child or to register, recognize,…
- § 5700.903 If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications…
- § 5700.905 The Department of Child Support Services may adopt emergency regulations as appropriate to implement this part.