California : Family Code: 4500-4508
(provided by Divorce Source, Inc.)
Published 5.20.98
4500. An order for child, family, or spousal support that is made,
entered, or enforceable in this state is enforceable under this code,
whether or not the order was made or entered pursuant to this code.
4501. A family support order is enforceable in the same manner and
to the same extent as a child support order.
4502. Notwithstanding any other provision of law, a judgment for
child, family, or spousal support, including a judgment for
reimbursement or other arrearages, is exempt from any requirement
that judgments be renewed. A judgment for child, family, or spousal
support, including all lawful interest and penalties computed
thereon, is enforceable until paid in full.
4503. If a parent has been ordered to make payments for the support
of a minor child, an action to recover an arrearage in those
payments may be maintained at any time within the period otherwise
specified for the enforcement of such a judgment, notwithstanding the
fact that the child has attained the age of 18 years.
4504. If the court has ordered a noncustodial parent to pay for the
support of a child, payments for the support of the child made by
the federal government pursuant to the Social Security Act or
Railroad Retirement Act because of the retirement or disability of
the noncustodial parent and transmitted to the custodial parent or
other child support obligee each month shall be credited toward the
amount ordered by the court to be paid for that month by the
noncustodial parent for support of the child unless the payments made
by the federal government were taken into consideration by the court
in determining the amount of support to be paid. If a lump-sum
payment which represents payments for more than one month is
transmitted to the custodial parent or other child support obligee,
credit shall be given for each month for which the lump-sum payment
was made.
4505. A court may require a parent who alleges that the parent's
default in a child or family support order is due to the parent's
unemployment to submit to the appropriate child support enforcement
agency or any other entity designated by the court, including, but
not limited to, the court itself, each two weeks, or at a frequency
deemed appropriate by the court, a list of at least five different
places the parent has applied for employment.
4506. (a) An abstract of a judgment ordering a party to pay
spousal, child, or family support to the other party shall be
certified by the clerk of the court where the judgment was entered
and shall contain all of the following:
-
(1) The title of the court where the judgment is entered and the
cause and number of the proceeding.
(2) The date of entry of the judgment and of any renewal of the judgment.
(3) Where the judgment and any renewals are entered in the records of the court.
(4) The name and last known address of the party ordered to pay support.
(5) The name and address of the party to whom support payments are ordered to be paid.
(6) The social security number, birth date, and driver's license number of the party to whom support payments are to be paid. If any of those numbers are not known to the party to whom support payments are to be paid, that fact shall be indicated on the abstract of the court judgment.
(7) Whether a stay of enforcement has been ordered by the court and, if so, the date the stay ends.
(8) The date of issuance of the abstract.
(9) Any other information deemed reasonable and appropriate by the Judicial Council.
(c) As used in this section, "judgment" includes an order for child, family, or spousal support.
4506.1. Notwithstanding any other provision of law, when a support obligation is being enforced pursuant to Title IV-D of the Social Security Act, the agency enforcing the obligation may file and record an abstract of support judgment as authorized by Section 4506 and substitute the office address of the agency designated to receive support payments for the address of the party to whom support was ordered to be paid.
4506.2. (a) Notwithstanding any other provision of law, when a support obligation is being enforced pursuant to Title IV-D of the Social Security Act, the agency enforcing the obligation may file and record a substitution of payee, if a judgment or abstract of judgment has previously been recorded pursuant to Section 697.320 of the Code of Civil Procedure by the support obligee or by a different governmental agency.
(b) Notwithstanding any other provision of law, when the Title IV-D agency ceases enforcement of a support obligation at the request of the support obligee, the agency may file and record a substitution of payee, if a judgment or abstract of judgment has been previously recorded pursuant to Section 697.320 of the Code of Civil Procedure.
(c) The substitution of payee shall contain all of the following:
-
(1) The name and address of the governmental agency or substituted
payee filing the substitution and a notice that the substituted
payee is to be contacted when notice to a lienholder may or must be
given.
(2) The title of the court, the cause, and number of the proceeding where the substituted payee has registered the judgment.
(3) The name and last known address of the party ordered to pay support.
(4) The recorder identification number or book and page of the recorded document to which the substitution of payee applies.
(5) Any other information deemed reasonable and appropriate by the Judicial Council.
(e) An agency enforcing the support obligation pursuant to Title IV-D of the Social Security Act is not required to obtain prior court approval or a clerk's certification when filing and recording a substitution of payee under this section.
4506.3. The Judicial Council, in consultation with the California Family Support Council, the State Department of Social Services, and title insurance industry representatives, shall develop a single form, which conforms with the requirements of Section 27361.6 of the Government Code, for the substitution of payee, for notice directing payment of support to the district attorney pursuant to Section 4204, and for notice that support has been assigned pursuant to Section 11477 of the Welfare and Institutions Code. The form shall be available no later than July 1, 1998.
4507. When a court orders a person to make payment for child support or family support, the court may order that individual to make that payment as provided in Section 1151.5 of the Government Code.
4508. (a) This section does not apply to any child support obligor who is subject to an earnings assignment order pursuant to Chapter 8 (commencing with Section 5200).
(b) Except as provided in subdivision (a), every order or judgment to pay child support may require a child support obligor to designate an account for the purpose of paying the child support obligation by electronic funds transfer, as defined in subdivision (a) of Section 6479.5 of the Revenue and Taxation Code. The order or judgment may require the obligor to deposit funds in an interest-bearing account with a state or federally chartered commercial bank, a savings and loan association, or in shares of a federally insured credit union doing business in this state, and shall require the obligor to maintain funds in the account sufficient to pay the monthly child support obligation. However, if the obligor does not have such an account, the court may not require the obligor to establish an account for the purposes of this section. The court may order that each payment be electronically transferred to either the obligee's account or the district attorney's account. The obligor shall be required to notify the obligee if the depository institution or the account number is changed. No interest shall accrue on any amount subject to electronic funds transfer as long as funds are maintained in the account that are sufficient to pay the monthly child support obligation.
Copyright© 1996-. All rights reserved by MH Sub I, LLC dba 3StepDivorce.