Title FAM — California Fam. Code

Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“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.

“Assignment order” has the same meaning as “earnings assignment order for support.” (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“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 in which the support payment is to be paid. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“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 Title 9 of Part 2 of the Code of Civil Procedure, include: (a) Wages, salary, bonus, money, and benefits described in Sec…

(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 the future. (b) Commencing January 1, 2000, all earnings assignment orders for support in any action in which child support…

“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 Civil Procedure. (b) The United States government and any public entity as defined in Section 811.2 of the Government Code.…

“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 Code (Section 454 of the Social Security Act).

“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 by the court to receive the payment. The local child support agency is the obligee for all Title IV-D cases as defined u…

“Obligor” means a person owing a duty of support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“Timely payment” means receipt of support payments by the obligee or assigned obligee within five days of the due date. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(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 order an earnings assignment order for support that orders the employer of the obligor to pay to the obligee that portion of…

(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 the obligor to the same extent as an earnings assignment order made by a court of this state. (b) When an employer receive…

Any obligee alleging arrearages in child support shall specify the amount thereof under penalty of perjury.

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 obligor upon whom a copy of the order is served in compliance with Sections 5232 and 5233, notwithstanding the absence of t…

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 obligee shall serve the documents specified in Section 5234.

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 order on the employer, the employer shall commence withholding pursuant to the assignment order from all earnings payable…

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 following to the obligor: (a) A copy of the assignment order or the order/notice to withhold income for child support. (…

(a) The employer shall continue to withhold and forward support as required by the assignment order until served with notice terminating the assignment order. If an employer withholds support as required by the assignment order, the obligor shall not be held in contempt or subjec…

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 assignment order withholding by forwarding, as ordered by the court, the amounts of support withheld under more than one or…

(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 of address within a reasonable period of time after the change. (b) Where payments have been ordered to be made to a count…

(a) Where an assignment order or assignment orders include both current support and payments towards the liquidation of arrearages, priority shall be given first to the current child support obligation, then the current spousal support obligation, and thereafter to the liquidatio…

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 assignment order as required by Section 5234. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(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 support has been paid in full, including any interest due, and if any of the following conditions exist: (1) With regard to …

(a) An employer who willfully fails to withhold and forward support pursuant to a currently valid assignment order entered and served upon the employer pursuant to this chapter is liable to the obligee for the amount of support not withheld, forwarded, or otherwise paid to the ob…

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 earnings withholding order as provided in Section 706.029 of the Code of Civil Procedure. (Enacted by Stats. 1992, Ch. 162, Sec.…

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 Procedure.

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 to law. Nothing in this chapter shall be deemed to mandate additional enforcement or collection duties upon the local ch…

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, regardless of whether or not the child or the obligee who is the parent, guardian, or other person entitled to receive payme…

(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 17400. (b) In lieu of an earnings assignment order signed by a judicial officer, the local child support agency may serve …

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 support agency, or the State Disbursement Unit pursuant to an earnings assignment order or notice of assignment.

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 the court in ordering support or modification of support did not issue an assignment order. (Enacted by Stats. 1992, Ch.…

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 filing an application under Section 5252, or by notice of motion or order to show cause, or pursuant to subdivision (b) of S…

(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 in support payments in a sum equal to the amount of support payable for one month, for any other occurrence specified by…

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 obligee or the State Disbursement Unit that portion of the earnings of the obligor due or to become due in the future as …

(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 for payment in accordance with paragraph (2) of subdivision (b). Notwithstanding any other provision of law, service of w…

(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 support payments or earlier by court order if requested by the local child support agency or by the obligor. The stay sha…

(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 or overdue support ordered by the courts. (2) The alleged obligor is not the obligor from whom support is due. (3) The amo…

(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 the assignment order to the obligor by the employer. (b) The clerk of the court shall set the motion to quash for hearing…

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 order. The court shall modify the order to reflect the correct or allowable amount of support or arrearages. The fact th…

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 to the party to whom support has been ordered to be paid, the local child support agency shall do both of the following: (…

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 the name and address of the obligor’s new employer within 10 days of obtaining new employment. (Enacted by Stats. 1992, Ch…

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 designated in the assignment order by first-class mail, postage prepaid, to the last known address of the obligee that the …

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 against, denying a promotion to, or for taking any other action adversely affecting the terms and conditions of employment…

The Judicial Council shall prescribe forms necessary to carry out the requirements of this chapter, including the following: (a) The written statement of the obligor’s rights. (b) The earnings assignment order for support. (c) The instruction guide for obligees and obligors. (d) …

(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 obligee may register a support order in the court of another county of this state in the manner, with the effect, and fo…

(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 register a support order made in another county by utilizing the procedures set forth in Section 5602 or by filing all of th…

(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 Section 5601, except that the obligee shall prepare and file the statement of registration. The statement shall be verifie…

(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 the court to vacate the registration or for other relief. In an action under this section, there shall be no joinder of …

A previous determination of paternity made by another state, whether established through voluntary acknowledgment procedures in effect in that state or through an administrative or judicial process shall be given full faith and credit by the courts in this state, and shall have t…