Title FAM, California Fam. Code

Subject to Sections 851 to 853, inclusive, married persons may by agreement or transfer, with or without consideration, do any of the following: (a) Transmute community property to separate property of either spouse. (b) Transmute separate property of either spouse to community p…

A transmutation is subject to the laws governing fraudulent transfers. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) A transmutation of real or personal property is not valid unless made in writing by an express declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected. (b) A transmutation of real property is not effect…

(a) A statement in a will of the character of property is not admissible as evidence of a transmutation of the property in a proceeding commenced before the death of the person who made the will. (b) A waiver of a right to a joint and survivor annuity or survivor’s benefits under…

(a) A stepparent desiring to adopt a child of the stepparent’s spouse may for that purpose file a petition in any county authorized by Section 8609.5. (b) A domestic partner, as defined in Section 297, desiring to adopt a child of the other domestic partner may, for that purpose,…

(a) The procedures provided in this section apply to a stepparent adoption where the child was born during the marriage or domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, and either of the following circumstances applies…

(a) Except as provided in Section 9000.5, before granting or denying a stepparent adoption request, the court shall review and consider a written investigative report. The report in a stepparent adoption case shall not require a home study unless so ordered by the court upon requ…

Except as provided in Section 9000.5, in a stepparent adoption, the prospective adoptive parent is liable for all reasonable costs incurred in connection with the stepparent adoption, including, but not limited to, costs incurred for the investigation required by Section 9001, up…

(a) In a stepparent adoption, the consent of either or both birth parents shall be signed in the presence of a notary public, court clerk, probation officer, qualified court investigator, authorized representative of a licensed adoption agency, or county welfare department staff …

In a stepparent adoption, the form prescribed by the department for the consent of the birth parent shall contain substantially the following notice: “Notice to the parent who gives the child for adoption: If you and your child lived together at any time as parent and child, the …

(a) Consent of the birth parent to the adoption of the child through a stepparent adoption may not be withdrawn except with court approval. Request for that approval may be made by motion, or a birth parent seeking to withdraw consent may file with the clerk of the court where th…

(a) If the petitioner moves to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the probation officer, qualified court investigator, or county welfare department of the action, unless a home investigation was not required pursu…

Except as provided in Section 9000.5, the prospective adoptive parent and the child proposed to be adopted shall appear before the court pursuant to Sections 8612, 8613, and 8613.5. (Amended by Stats. 2014, Ch. 636, Sec. 7. (AB 2344) Effective January 1, 2015.)

(a) Upon written application by a party, the clerk shall enter an order joining as a party to the proceeding any employee benefit plan in which either party to the proceeding claims an interest that is or may be subject to disposition by the court. (b) An order or judgment in the…

Upon entry of the order under Section 2060, the party requesting joinder shall file an appropriate pleading setting forth the party’s claim against the plan and the nature of the relief sought. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) The party requesting joinder shall serve all of the following upon the employee benefit plan: (1) A copy of the pleading on joinder. (2) A copy of the request for joinder and order of joinder. (3) A copy of the summons (joinder). (4) A blank copy of a notice of appearance in …

(a) The employee benefit plan shall file and serve a copy of a notice of appearance upon the party requesting joinder within 30 days of the date of the service upon the plan of a copy of the joinder request and summons. (b) The employee benefit plan may, but need not, file an app…

Notwithstanding any contrary provision of law, the employee benefit plan is not required to pay any fee to the clerk of the court as a condition to filing the notice of appearance or any subsequent paper in the proceeding. (Amended by Stats. 1994, Ch. 1269, Sec. 17. Effective Jan…

If the employee benefit plan has been served and no notice of appearance, notice of motion to quash service of summons pursuant to Section 418.10 of the Code of Civil Procedure, or notice of the filing of a petition for writ of mandate as provided in that section, has been filed …

Unless the provision or context otherwise requires, as used in this chapter, “support order” means a child, family, or spousal support order. (Amended by Stats. 1993, Ch. 219, Sec. 124.5. Effective January 1, 1994.)

(a) Except as provided in subdivisions (c) and (d) and subject to Article 3 (commencing with Section 3680) and Sections 3552, 3587, and 4004, a support order may be modified or terminated at any time as the court determines to be necessary. (b) Upon the filing of a supplemental c…

Except as against a governmental agency, an order modifying, terminating, or setting aside a support order may include an award of attorney’s fees and court costs to the prevailing party. (Amended by Stats. 1999, Ch. 653, Sec. 3. Effective January 1, 2000.)

(a) An order modifying or terminating a support order may be made retroactive to the date of the filing of the notice of motion or order to show cause to modify or terminate, or to any subsequent date, except as provided in subdivision (b) or by federal law (42 U.S.C. Sec. 666(a)…

At the request of either party, an order modifying, terminating, or setting aside a support order shall include a statement of decision. (Amended by Stats. 1999, Ch. 653, Sec. 5. Effective January 1, 2000. Operative January 1, 1994.)

A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)

(a) Except as otherwise provided in Section 5700.706, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state: (1) a letter of transmittal to…

(a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state. (b) A registered support order issued in another state or a foreign country is enforceable in the sa…

(a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs: (1) the nature, extent, amount, and duration of current payments under a registered support order; (2) the computation and payment of arrearages and accrual of interest on…

In addition to the contents required by Section 412.20 of the Code of Civil Procedure, in a proceeding under this part the summons shall contain a temporary restraining order restraining all parties, without the prior written consent of the other party or an order of the court, f…

(a) This article governs a proceeding in which an employee benefit plan has been joined as a party. (b) To the extent not in conflict with this article and except as otherwise provided by rules adopted by the Judicial Council pursuant to Section 211, all provisions of law applica…

Either party or their representatives may notify the employee benefit plan of any proposed property settlement as it concerns the plan before any hearing at which the proposed property settlement will be a matter before the court. If so notified, the plan may stipulate to the pro…

The employee benefit plan is not required to, but may, appear at any hearing in the proceeding. For purposes of the Code of Civil Procedure, the plan shall be considered a party appearing at the trial with respect to any hearing at which the interest of the parties in the plan is…

(a) Subject to subdivisions (b) and (c), the provisions of an order entered by stipulation of the parties or entered at or as a result of a hearing not attended by the employee benefit plan (whether or not the plan received notice of the hearing) which affect the plan or which af…

(a) At any hearing on a motion to set aside or modify an order pursuant to Section 2073, any party may present further evidence on any issue relating to the rights of the parties under the employee benefit plan or the extent of the parties’ community or quasi-community property i…

The purpose of this article is to permit inexpensive discovery of facts before the commencement of a proceeding for modification or termination of an order for child, family, or spousal support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Methods of discovery other than that described in this article may only be used if a motion for modification or termination of the support order is pending. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

In the absence of a pending motion for modification or termination of a support order, a request for discovery pursuant to this article may be undertaken not more frequently than once every 12 months. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) At any time following a judgment of dissolution of marriage or legal separation of the parties, or a determination of parentage, that provides for payment of support, either the party ordered to pay support or the party to whom support was ordered to be paid or that party’s a…

(a) A copy of the prior year’s federal and state personal income tax returns shall be attached to the income and expense declaration of each party. (b) A party shall not disclose the contents or provide copies of the other party’s tax returns to anyone except the court, the party…

This article may be enforced in the manner specified in Sections 1991, 1991.1, 1991.2, 1992, and 1993 of the Code of Civil Procedure and in the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure), and any other statutes applic…

Upon the subsequent filing of a motion for modification or termination of the support order by the requesting party, if the court finds that the income and expense declaration submitted by the responding party pursuant to this article was incomplete, inaccurate, or missing the pr…

The Judicial Council shall adopt forms which shall be used in the procedure provided by this article. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents …

(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Section 5700.605. The nonregistering party may seek to vacate the registration, to assert any defense to an al…

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) the issuing tribunal lacked personal jurisdiction over the contesting party; (2) the order w…

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effec…