Title FAM, California Fam. Code

Notice pursuant to this chapter may be sent by first-class mail, postage prepaid, to the last known address of the covered dependents, named beneficiaries, or other specified persons who have requested receipt of notification. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative …

The insured or policyholder who is a party to the proceeding shall furnish to the other party the name, title, and address of the insurer or the insurer’s agent for service of process. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) A marriage may be dissolved by the summary dissolution procedure provided in this chapter if all of the following conditions exist at the time the proceeding is commenced: (1) Either party has met the jurisdictional requirements of Chapter 3 (commencing with Section 2320) wit…

(a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition for summary dissolution in the form prescribed by the Judicial Council. (b) The petition shall be signed under oath by both spouses and shall include all of the following: (1) A…

(a) At any time before the filing of application for judgment pursuant to Section 2403, either party to the marriage may revoke the joint petition for summary dissolution and thereby terminate the summary dissolution proceeding filed pursuant to this chapter. (b) The revocation s…

When six months have expired from the date of the filing of the joint petition for summary dissolution, the court shall, unless a revocation has been filed pursuant to Section 2402, enter the judgment dissolving the marriage. The judgment restores to the parties the status of sin…

Entry of the judgment pursuant to Section 2403 constitutes: (a) A final adjudication of the rights and obligations of the parties with respect to the status of the marriage and property rights. (b) A waiver of their respective rights to spousal support, rights to appeal, and righ…

(a) Entry of the judgment pursuant to Section 2403 does not prejudice nor bar the rights of either of the parties to institute an action to set aside the judgment for fraud, duress, accident, mistake, or other grounds recognized at law or in equity or to make a motion pursuant to…

(a) Each superior court shall make available a brochure, the contents and form of which shall be prescribed by the Judicial Council, describing the requirements, nature, and effect of proceedings under this chapter. The brochure shall be printed and distributed by the Judicial Co…

(a) In making an order pursuant to Chapter 4 (commencing with Section 3080), the court shall grant reasonable visitation rights to a parent when it is shown that the visitation would be in the best interest of the child, as defined in Section 3011, and consistent with Section 302…

(a) Notwithstanding any other provision of law, the court may grant reasonable visitation to a stepparent, if visitation by the stepparent is determined to be in the best interest of the minor child. (b) If a protective order, as defined in Section 6218, has been directed to a st…

(a) If either parent of an unemancipated minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable visitation with the child during the child’s minority upon a finding that the visitation would be in the best inter…

(a) Notwithstanding any other provision of law, in a proceeding described in Section 3021, the court may grant reasonable visitation to a grandparent of a minor child of a party to the proceeding if the court determines that visitation by the grandparent is in the best interest o…

(a) On petition to the court by a grandparent of a minor child, the court may grant reasonable visitation rights to the grandparent if the court does both of the following: (1) Finds that there is a preexisting relationship between the grandparent and the grandchild that has enge…

(a) The Legislature finds and declares that a parent’s fundamental right to provide for the care, custody, companionship, and management of the parent’s children, while compelling, is not absolute. Children have a fundamental right to maintain healthy, stable relationships with a…

(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 supported spouse, may include an amount sufficient to purchase an annuity for the supported spouse or to maintain insurance f…

“Support” for the purposes of this chapter means support as defined in Section 150. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(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 penalties provided under this chapter shall be applied in egregious instances of noncompliance with child support orders. (c) …

(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, as described in this chapter. (b) Except as provided in Section 4726, and subject to Section 4727, any amount of child sup…

(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: (1) The amount that the child support obligor is in arrears. (2) The installments of support due, the amounts, if any, th…

The notice of delinquency may be served personally or by certified mail or in any manner provided for service of summons. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

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 obligee may file a motion to obtain a judgment for the amount owed, which shall be enforceable in any manner provided by law f…

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 after service of the notice of delinquency, the support obligor files and serves a motion to determine arrearages and to s…

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 the penalties on any arrearage amount or support installment exceed 72 percent of the original amount due, regardless of w…

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 unpaid installments of child support, as described in Chapter 7 (commencing with Section 5100), except that payment of penalti…

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 enforce child support obligations utilizing the penalties provided for by this chapter. (Amended by Stats. 2000, Ch. 808, Se…

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 determining the amount of current support to be paid. (Amended by Stats. 1993, Ch. 219, Sec. 149. Effective January 1, 1994.)

A subsequent notice of delinquency may be served and filed at any time. The subsequent notice shall indicate those child support arrearages and ongoing installments that have been listed on a previous notice. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

The Judicial Council shall adopt forms or notices for the use of the procedures provided by this chapter. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

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 not the child is a recipient of public assistance. (Added by Stats. 1993, Ch. 219, Sec. 150. Effective January 1, 1994.)

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 the obligor’s employer under Section 5210 without first filing a petition or comparable pleading or registering the order…

(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 treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a t…

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 the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish …

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 individual or agency with regard to the employer’s withholding of child support from the obligor’s income. (Added by Stats. 2…

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 penalties that may be imposed for noncompliance with an order issued by a tribunal of this state. (Added by Stats. 2015, Ch. 493…

(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 state by registering the order in a tribunal of this state and filing a contest to that order as provided in Chapter 6, or ot…

(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 support order may send the documents required for registering the order to a support enforcement agency of this state. (b) Up…

If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child who has a presumed parent under Section 7611, the presumed parent shall be given notice of the adoption proceeding and have the rights provided under Part 2 (commenci…

Notwithstanding any other provision of law, a presumed father may waive the right to notice of any adoption proceeding by executing a form developed by the department before an authorized representative of the department, an authorized representative of a licensed public or priva…

If the other parent relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, the mother shall be given notice of the adoption proceeding and have the rights provided under Part 2 (commencing with Section 8600) of Division 13, unless t…

(a) If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, or if a child otherwise becomes the subject of an adoption proceeding, the agency or person to whom the child has been or is to be relinquished, or the mother or…

(a) In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person by one of the following: (1) The State Department of Social Services. (2) A licensed county adoption agency. (3) The lice…

(a) If, after the inquiry, the biological father is identified to the satisfaction of the court, or if more than one man is identified as a possible biological father, notice of the proceeding shall be given in accordance with Section 7666. If an alleged biological father fails t…

If, after the inquiry, the court is unable to identify the biological father or any possible biological father and no person has appeared claiming to be the biological father and claiming custodial rights, the court shall enter an order terminating the unknown biological father’s…

(a) Except as provided in subdivision (b), notice of the proceeding shall be given to every person identified as the biological father or a possible biological father in accordance with the Code of Civil Procedure for the service of process in a civil action in this state at leas…

(a) Notwithstanding any other law, an action to terminate the parental rights of an alleged father of a child as specified in this part shall be set for hearing not more than 45 days after filing of the petition, except as provided in subdivision (c). (b) The matter so set shall …