Title FAM, California Fam. Code

If the parent who is receiving support enforcement services provides to the local child support agency substantial, credible, information regarding the residence or work address of the support obligor, the agency shall initiate an establishment or enforcement action and serve the…

(a) All of the following shall include notice of, and information about, the child support service hearings available pursuant to Section 17801, provided that there is federal financial participation available as set forth in subdivision (j) of Section 17801: (1) The booklet requ…

(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) of Part 3 of Division 9 of the Welfare and Institutions Code being granted to that family, the noncustodial parent or par…

(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 received pursuant to Section 17402. (b) The department shall promulgate regulations to implement this section. (Added by Stat…

(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 prosecuted in the name of the county on behalf of the child, children, or a parent of the child or children. The parent w…

(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 petitioner may either (1) request the issuance of a summons or (2) request the court to issue an order requiring the respon…

(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 support agency or the superior court and the county in which the pleadings are received is not the appropriate jurisdictio…

Hearings by telephone, audiovisual means, or other electronic means shall be permitted in child support cases in which the local child support agency is providing child support services. The Judicial Council shall adopt court rules implementing this provision and subdivision (f) …

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 support order issued in this state, upon request from the support enforcement agency of another state where a custodial party h…

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 support case. This interview shall solicit financial and all other information about the noncustodial parent. This information…

(a) In all actions involving paternity or support, including, but not limited to, other proceedings under this code, and under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, the local child support agency and the Attorney General represent the pu…

(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, or that an order is sound and should be defended on appeal, in the public interest the Attorney General may: (1) Perfect o…

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 Section 5700.308, shall remain in full force and effect unless one of the following occurs: (a) The declaration is revoked or …

(a) Notwithstanding Section 17404, upon noticed motion of the local child support agency, the superior court may consolidate or combine support or reimbursement arrearages owed by one obligor to one obligee in two or more court files into a single court file, or combine or consol…

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 alleged father the opportunity to voluntarily acknowledge paternity by signing a paternity declaration as described in Section…

(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 based upon a voluntary declaration of parentage as provided in Chapter 3 (commencing with Section 7570) of Part 2 of Divi…

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 establishing parentage upon the filing of a written stipulation between the parties provided that the stipulation is accompanie…

(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 and parentage has not been established by the completion and filing of a voluntary declaration of paternity pursuant to Se…

(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 parent, on behalf of a minor child or children, a spouse, or former spouse for the entry of a judgment without action de…

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 minor children each is legally obligated to support. The local child support agency shall consider the needs of all of thes…

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 shall issue an earnings assignment order for support pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Divi…

(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 limited to, all of the following: (1) The parent or parents’ names, addresses, and social security numbers. (2) The name …

(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 days of the date the form was served. (b) The local child support agency shall send the completed medical insurance form…

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 of the Code of Civil Procedure and Section 2330.1, either before or after a final judgment, seeking a judgment or order …

(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 proposed child support amount is based on actual income, a judgment shall be entered without hearing, without the presenta…

(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, set aside that part of the judgment or order concerning the amount of child support to be paid. This relief may be granted …

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 added by the act that added this section. Forms adopted pursuant to this section shall have an effective date of January 1, …

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 the defendant from that judgment or order if the defendant establishes that the defendant was mistakenly identified in th…

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 given month until the first day of the following month. (Added by Stats. 2006, Ch. 75, Sec. 7. Effective July 12, 2006.)

(a) The department shall publish a booklet describing the proper procedures and processes for the collection and payment of child and spousal support. The booklet shall be written in language understandable to the lay person and shall direct the reader to obtain the assistance of…

(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 made available regarding the rights and abilities of activated service members to have their support orders modified based …

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 litem, may bring an action against the parent to enforce the duty. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative Jan…

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 order either or both parents to pay an amount necessary for the support of the child. (Enacted by Stats. 1992, Ch. 162, Sec. …

(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 county has the same right as the child to secure reimbursement and obtain continuing support. The right of the county to r…

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 shall be given preference over other civil cases, except matters to which special precedence may be given by law, for ass…

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 intends to apply for, public assistance under the Family Economic Security Act of 1982 (Chapter 2 (commencing with Section 1120…

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. (Added by Stats. 1994, Ch. 1269, Sec. 47. Effective January 1, 1995.)

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 health insurance coverage, if any, of the parties to the proceeding. (Amended by Stats. 2000, Ch. 808, Sec. 33. Effective Se…

(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 emancipated, or until the death of, or the occurrence of a specified event as to, a child for whom support is authorized under …

(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 person ordered to pay support is incarcerated or involuntarily institutionalized, unless the person owing support has the me…

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 determines are just. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

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 pay support was not served with the petition, complaint, or other initial pleading within 90 days after filing and the co…

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 the parties with a document describing the procedures by which the order may be modified. (Amended by Stats. 1993, Ch. 21…

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. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

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. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

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 are just. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)