Title FAM — California Fam. Code

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 either of them and of their children during the separation or upon the dissolution of their marriage. The mutual consent of …

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 relating to property and support of either spouse. An order for child support based on the agreement shall be imposed by la…

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 paid for spousal support, the court is not required to make a separate order for child support. (Enacted by Stats. 1992,…

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 child or for the continuation of child support after a child attains the age of 18 years and to make a support order to effe…

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 property. An order for support of either party based on the agreement shall be law-imposed and shall be made under the power of…

(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 termination by court order. (b) An agreement may not be modified or terminated as to an amount that accrued before the date…

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 proper orders for the support of the spouse, as the court determines are just, having regard for the circumstances of the part…

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 agreement entered into before January 1, 1970, as to which Chapter 1308 of the Statutes of 1967 shall apply. (Enacted by Stats.…

The purpose of this chapter is to provide an extraordinary remedy for cases of bad faith failure to pay child support obligations. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“Deposit holder” as used in this chapter means the district attorney, county officer, or trustee designated by the court to receive assets deposited pursuant to this chapter to secure future support payments. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

If requested by an obligor-parent, the deposit holder shall prepare a statement setting forth disbursements and receipts made under this chapter. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

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 faith and in conformance with this chapter. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(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, but not limited to, fees or costs incurred in a sale of assets pursuant to this chapter and in the preparation of a state…

(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 for whom support may be ordered, upon an order to show cause or notice of motion, application, and declaration signed un…

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 good faith. (b) The obligor had the ability to pay the support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative Janu…

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 filing a motion to stop a sale or use of assets under Section 4631: (a) Child support payments are not in arrears. (b) Lache…

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 obligor-parent is not receiving salary or wages subject to an assignment pursuant to Chapter 8 (commencing with Section 5200) and th…

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 of the deposited asset. In all instances, the assets shall include a sum of money up to or equal in value to one year of …

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 real property or other assets of the obligor-parent and equal in value to one year of payments. (Enacted by Stats. 1992,…

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 proceeds with the deposit holder. Not less than 20 days written notice of the hearing shall be served on the obligor-parent. (…

(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 of Civil Procedure. (b) A deposit of real property is made effective by recordation of the certified abstract with the cou…

(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) of Division 2, the court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbe…

(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 comply with a court-approved payment plan, if payments continue in arrears, the deposit holder shall, not less than 25 days…

(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 obligor-parent pursuant to Section 4630. (b) The clerk of the court shall set the motion for hearing not less than 20 day…

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 stop a sale or use of assets under this article. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

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 following occur: (a) One year has elapsed since the court issued the order described under Article 2 (commencing with Section 46…

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 a release in accordance with Section 697.370 of the Code of Civil Procedure. (b) Request the clerk of the court where th…

It is the intent of the Legislature that proceedings under this part be as simple and inexpensive as possible. To that end, the Judicial Council is requested to prepare and distribute to the clerks of the superior courts appropriate forms for the proceedings that are suitable for…

The issuance of a declaration of emancipation does not entitle the minor to any benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code which would not otherwise accrue to an emancipated minor. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Oper…

(a) A minor may petition the superior court of the county in which the minor resides or is temporarily domiciled for a declaration of emancipation. (b) The petition shall set forth with specificity all of the following facts: (1) The minor is at least 14 years of age. (2) The min…

(a) Before the petition for a declaration of emancipation is heard, notice the court determines is reasonable shall be given to the minor’s parents, guardian, or other person entitled to the custody of the minor, or proof shall be made to the court that their addresses are unknow…

(a) The court shall sustain the petition if it finds that the minor is a person described by Section 7120 and that emancipation would not be contrary to the minor’s best interest. (b) If the petition is sustained, the court shall forthwith issue a declaration of emancipation, whi…

(a) If the petition is denied, the minor has a right to file a petition for a writ of mandate. (b) If the petition is sustained, the parents or guardian have a right to file a petition for a writ of mandate if they have appeared in the proceeding and opposed the granting of the p…

(a) A declaration of emancipation obtained by fraud or by the withholding of material information is voidable. (b) A declaration of emancipation of a minor who is indigent and has no means of support is subject to rescission. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative J…

A petition to void a declaration of emancipation on the ground that the declaration was obtained by fraud or by the withholding of material information may be filed by any person or by any public or private agency. The petition shall be filed in the court that made the declaratio…

(a) A petition to rescind a declaration of emancipation on the ground that the minor is indigent and has no means of support may be filed by the minor declared emancipated, by the minor’s conservator, or by the district attorney of the county in which the minor resides. The petit…

(a) Before a petition under this article is heard, notice the court determines is reasonable shall be given to the minor’s parents or guardian, or proof shall be made to the court that their addresses are unknown or that for other reasons the notice cannot be given. (b) The notic…

If the petition is sustained, the court shall forthwith issue an order voiding or rescinding the declaration of emancipation, which shall be filed by the clerk of the court.

Voiding or rescission of the declaration of emancipation does not alter any contractual obligation or right or any property right or interest that arose during the period that the declaration was in effect. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

On application of a minor declared emancipated under this chapter, the Department of Motor Vehicles shall enter identifying information in its law enforcement computer network, and the fact of emancipation shall be stated on the department’s identification card issued to the eman…

A person who, in good faith, has examined a minor’s identification card and relies on a minor’s representation that the minor is emancipated, has the same rights and obligations as if the minor were in fact emancipated at the time of the representation. (Enacted by Stats. 1992, C…

No public entity or employee is liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in the Department of Motor Vehicles records system or identification cards as provided in this part. (Enacted by Stats. 1992, Ch. 162, Sec…

If a declaration of emancipation is voided or rescinded, notice shall be sent immediately to the Department of Motor Vehicles which shall remove the information relating to emancipation in its law enforcement computer network. Any identification card issued stating emancipation s…

(a) A petition may be filed under this part for an order or judgment declaring a child free from the custody and control of either or both parents by any of the following: (1) The State Department of Social Services, a county welfare department, a licensed private or public adopt…

(a) An interested person may file a petition under this part for an order or judgment declaring a child free from the custody and control of either or both parents. (b) For purposes of this section, an “interested person” is one who has a direct interest in the action, and includ…

A single petition may be filed under this part to free a child, or more than one child if the children are biological siblings, from the custody and control of both parents. A petition filed in accordance with this section may be granted in whole or in part in accordance with the…

The petition shall be filed in any of the following: (a) The county in which a minor described in Chapter 2 (commencing with Section 7820) resides or is found. (b) The county in which any of the acts which are set forth in Chapter 2 (commencing with Section 7820) are alleged to h…

Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist,…

(a) The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a rec…

The petitioner shall be liable for all reasonable costs incurred in connection with the termination of parental rights, including, but not limited to, costs incurred for the investigation required by this article. However, public agencies and nonprofit organizations are exempt fr…