CHAPTER 3. Deposit of Assets to Secure Future Child Support Payments

Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10.

§§ 4600–4641 · 19 sections

1. 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,…
2. 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…
3. 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)…
4. 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…
5. 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…