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California State Profile |
Updated on 17 Apr 2007
Certified on 16 Dec 2004
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A. General/State-At-A-Glance |
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| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State administered, County operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
There are 52 local child support agencies with which the Department of Child Support Services has cooperative agreements. This includes 11 counties that have regionalized into 6 regions. |
| A3. With what types of agencies do you have cooperative agreements? |
Local child support agencies; Departments of Justice, Insurance, Consumer Affairs, Motor Vehicles, Corporations, and Real Estate; Employment Development Department; Franchise Tax Board; Secretary of State; State Bar of California; Judicial Council of California; Commission on Teacher Credentialing; Office of Real Estate Appraisers. |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
N/A |
| A4.1. If so, what is the statutory citation? |
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| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
N/A |
| A4.3. If so, please explain. |
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B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
8/4/1997 |
| B2. What is the effective date of your State's Act? |
1/1/1998 |
| B3. What is the statutory citation for your State's Act? |
Family Code § 4900 et seq.
For Additional Information - Click Here |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
The tribunal is the Superior Court. |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
1996 |
| B5. Optional comments regarding your State's UIFSA Act. |
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C. Reciprocity |
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| C1. With what foreign countries does your State reciprocate? |
Every province in Canada, every state in Mexico, Australia, Austria, Czech Republic, Finland, France, Germany, Hungary, Ireland, Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, Sweden, United Kingdom (England and Wales, Northern Ireland, Scotland), plus certain former English states including Bermuda, Fiji, and South Africa. |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
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| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
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D. Age of Majority |
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| D1. What is the age of majority in your State? |
18 years except an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, is considered a minor until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. |
| D2. What is the statutory cite for the age of majority? |
Family Code § 3901.
For Additional Information - Click Here |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
See D1. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
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| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
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| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
Notwithstanding D1, statute extends the parents' duty to support an incapacitated child when the child, regardless of age, is incapacitated from earning a living and is without sufficient means. In these situations, the court is allowed to order support beyond the child's majority. (Family Code § 3910) |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
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| D7.1. If yes, please describe the procedure. |
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E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
There is no statute of limitations in California. Child support is enforceable until paid in full. (Family Code § 4502(a)) |
| E2. What is your State's statute of limitations for paternity establishment? |
Paternity can be established at any time; IV-D will do this until the age of majority. |
| E3. Is dormancy revival/renewal possible? |
Yes |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
Renewal is possible but not necessary because support orders are enforceable until paid in full. (Family Code § 4502(b)) |
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Shared Income Model. The formula uses the percentage of both parents' net disposable incomes, adjusted according to the percentage of time each parent has primary physical responsibility for child. (Family Code § 4050 et seq.) |
| F2. Does your State charge interest on missed arrears? |
Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
Statutory rate of 10% per annum. Interest accrues from date installment is due if payable in installments, or from date of entry of judgment. (Code of Civil Procedure §'s 685.010, 685.020, and 685.030) |
| F3. Does your State charge interest on retroactive support? |
Yes |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
See F2.1 |
| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
See F2.1 |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
If it is reduced to a judgment. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
No |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
None. |
| F6.2. What costs are recovered from/fees charged to the obligor? |
None. |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
Genetic test fees. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
Code of Civil Procedure § 410.10 and Family Code §'s 4905 - 4914.
For Additional Information - Click Here |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Enforce spousal support orders if the IV-D agency is enforcing the child support order and the child(ren) are living with the spousal support obligee. (California Code of Regulations, Title 22, Division 13, § 112100(b)(2)(A)) (Family Code §'s 4351(b) and 17400(h)) |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
No income information, except in extraordinary cases where excluding the income would lead to extreme hardship to the child subject to the child support, in which case, the court would also consider if including the income would lead to hardship to any child supported by the obligor/obligee or their spouse or partner. (Family Code § 4057.5) |
G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
"Income withholding order," "assignment order," "assignment order for support," "earnings assignment order," "wage assignment order." Any such order issued by the local child support agency shall be issued on the federal form "Order/Notice to Withhold Income for Child Support," OMB Control No. 0970-0154, as adopted by the California Judicial Council. (California Code of Regulations, Title 22, Division 13, § 110355) |
| G2. What specific source of income is not subject to withholding? |
Needs based income sources, such as TANF, CalWORKs, SSI/SSP, and General Assistance are not subject to wage withholding. (Family Code § 4058)
For Additional Information - Click Here |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
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| G4. What is the allowable fee per pay period for processing income withholding payments? |
$1.00 per withholding. (Family Code § 5235(d), Code of Civil Procedure § 706.034) |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
10 days after service of the order on the employer. (Family Code § 5233, Code of Civil Procedure § 706.030(b)(3)) |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Within 7 business days of the date the noncustodial parent is paid. (45 Code of Federal Regulations 303.100(e)ii and Family Code § 5235(c)) |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Local child support agencies may pursue contempt charges and/or obtain a court order requiring payment of support by electronic funds transfer from the employer's bank account. The employer shall be subject to a civil penalty of $500 for each occurrence. (Family Code § 5241, Code of Civil Procedures § 706.030(b)(4)) |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
Employers are subject to contempt charges and are liable for the amount of support not remitted including interest. Local child support agencies may obtain a court order requiring payment of support by electronic funds transfer from the employer's bank account. The court may impose a fee of up to 50% of the support amount that has not been received by the obligee. (Family Code § 5241) |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
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| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
It is only allowed if benefits are temporary. |
| G11. How does an obligor contest income withholding in your State? |
Within 10 days after the delivery of the copy of the assignment order to the obligor by the employer, a motion to quash must be filed with the court issuing the order to request a hearing. (Family Code §'s 5270 and 5271) |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
When there are multiple assignment orders for the same employee, the employer is instructed to prorate the withheld payments as follows: If the NCP has more than one assignment for support, the employer adds the amounts due for each assignment. If 50% of the NCP's net disposable earnings cannot satisfy all of the assignments, the employer prorates first among all the current assignments, in the same proportion that each assignment is to the total current support owed. Any remainder is applied to the assignments for arrears, in the same proportion that each assignment is to the total arrears owed. (Family Code § 5238) |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
See G12
For Additional Information - Click Here |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
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| G14. When does your state require the employer to send notice of an employee's termination? |
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| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
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| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
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| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
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| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
An income withholding order may be sent to the obligor's employer without first filing a petition with the local tribunal. An earnings withholding order for support may be satisfied directly from workers' compensation temporary disability benefit payments. (Family Code § 4940, California Code of Civil Procedure §'s 704.160(b) and (c)) |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Priority shall be given to the current child support, then to current medical support. Any remainder is applied to other court ordered support obligations up to 50% of disposable income. (Family Code § 5238) |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
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| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
California law requires a paternity index of 100 and does not specify a percentage to create a rebuttable presumption of paternity. (Family Code § 7555) |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
The voluntary declaration of paternity may be rescinded up to 60 days after it was signed. It can be set aside up to two years after it was signed due to fraud, duress, or material mistake of fact. The set aside must be done in court. (Family Code § 7575) |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
1/1/1997 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
Declarations of paternity signed between 1/1/95 and 12/31/96 created a conclusive presumption which was rebuttable by any person requesting blood or genetic tests within three years of the date of execution of the declaration by the attesting father, or by the attesting mother, whichever signature is later. (Family Code § 7576) |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
Marriage constitutes a rebuttable presumption of paternity up to two years from the date of the birth of the child. After those two years, marriage constitutes a conclusive presumption of paternity. A husband may move for blood tests within two years of the child's birth. (Family Code § 7541) |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
A father's name on the birth certificate for a child born prior to 1/1/95 carries no evidentiary weight of paternity. For children born after 1995, the Declaration of Paternity form itself, not the name of the father on the birth certificate, carries the evidentiary weight. The father's name on the birth certificate after 1/1/97 is a strong indication paternity has been established, but this must be confirmed by the existence of a filed paternity form. (Health and Safety Code §'s 102425 - 102475) |
| H7. Does your State have any other paternity-related presumptions? |
Yes |
| H7.1. If yes, briefly explain. |
Putative father and child's natural mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated; before the child's birth, the putative father and natural mother attempted to marry and the child is born during the attempted marriage or within 300 days of termination of marriage or cohabitation; after the child's birth the putative father and natural mother attempted to marry, and he consented to listing his name on the birth certificate, or is obligated by a written voluntary agreement or court order to support the child; the putative father receives the child into his home and openly holds out the child as his natural child; the paternity index is 100 or greater. (Family Code §'s 7610 - 7614) |
| H8. Does your State have a putative fathers' registry? |
No |
| H8.1. If so, what is the name of that entity? |
|
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
No |
| H9.1. Please describe any circumstances under which these fees may be waived. |
The official paternity documents and data are maintained by the California Department of Child Support Services (not the Vital Statistics Agency) through a vendor. There is no charge for a search or to obtain a certified copy of a Paternity Declaration. The state Office of Vital Records and local registrars do charge various fees for the documents they maintain. (Family Code §'s 7570 - 7577) |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
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| H10.2. When did your current common law standard go into effect? |
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| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
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| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Written depositions and interrogatories accepted; generally teleconferencing and videotaping are not accepted in absence of stipulation or court approval; court may designate judge of initiating court as a person before whom a deposition may be taken. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
Code of Civil Procedure § 410.10 and Family Code §'s 4905 - 4914.
For Additional Information - Click Here |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
Local child support agencies attempt to secure a judgment against the noncustodial parent to recover the costs of genetic testing. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
Unwed parents may establish paternity by signing a voluntary declaration of paternity at the hospital after the baby is born to ensure the father is listed on the birth certificate. If the parents do not sign it at the hospital, they can sign it later but it may result in a longer, complicated process to amend the birth record. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
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| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
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I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Judicial |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
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| I1.2. Under what circumstances would the judicial process be used? |
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| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
For Additional Information - No Link Provided |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Net monthly disposable income of each parent is considered. (Family Code § 4050 et seq.) |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
Support is not assigned and parties stipulate to a different amount; deferred sale of home and rental value exceeds mortgage payments, homeowner's insurance, and taxes; parent ordered to pay support has extraordinarily high income; parent is not contributing to child's needs commensurate with that parent's custodial time; application of formula would be unjust or inappropriate due to extraordinary circumstances. (Family Code § 4057) |
| I4. Will your State establish support orders for prior periods? |
No |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
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| I4.2. What information or documentation does your State require to proceed? |
For non-Title IV-A cases, a complete application package which includes Application for Support Services, Child Care Verification, Visitation Verification, Declaration of Support History, Health Insurance Information, Request for Support Services, Child Support Domestic Violence Questionnaire, Child Support Services Program Notice. For Title IV-A cases, Referral to Local Child Support Agency, Support Questionnaire, Attestation Statement. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
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| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
California uses the judicial process. |
| I6. What is your State's statutory authority for the administrative process? |
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
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| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
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| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
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| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
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| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
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J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
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| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative. (Code of Civil Procedure §'s 708.730 - 708.795) |
| J2. Is the lien process in your State judicial, administrative or both? |
Both. Judicial: Money judgment or order needed first. Administrative: Liens perfected by filing with the appropriate agency. |
| J2.1. What are the trigger criteria for filing a lien? |
Real Property (California Code of Regulations, Title 22, Division 13, § 116130): Title IV-D child support money judgment or order is received by a local child support agency; a case is opened for enforcement of an existing order or judgment; or an existing order is registered for enforcement. Personal Property (Family Code § 17523): Title IV-D child support money judgment or order is being enforced by a local child support agency; and the obligor is delinquent in child support payments. |
| J2.2. Where is your State liens filed? |
Real Property - County Recorder's Office. Personal Property - Secretary of State |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
Amount varies. Both the County Recorder's Office and the Secretary of State charge a filing fee. |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Both. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative. (Revenue and Taxation Code §'s 19271 and 18670, 18661 - 18677, 19271 - 19275) |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
When a delinquent case is referred for collection, a demand notice is sent demanding payment within 20 days. Enforcement options are listed. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
No |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
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| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
N/A |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
$100 minimum delinquency. One month delinquency. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
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| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
10 days |
| J5.3. 1. If yes, please provide the time frame. |
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| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
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| J5.4.1. If yes, please provide the percentage. |
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| J5.4.2 . Is the percentage different for joint accounts? |
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| J5.4.3. If yes, please provide the amount. |
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| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
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| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
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| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
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| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
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| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
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| J5.10. Is your State's complaint review process judicial, administrative or both? |
Administrative. The remedy/appeal is based on case law rather than statute. The debtor is granted a hearing for the purpose of determining if the amount withheld creates an undue hardship. The hearing process is informal and may be handled by phone. |
| J5.11. What are your State's penalties for incorrect seizures? |
The obligor may be reimbursed for bank fees resulting from freeze and seize. |
| J5.12. Is the second challenge administrative, judicial or both? |
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| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
Ten days from receipt of notice. No unique requirements. Non-debtor has same appeal rights as obligor. The non-debtor may have to provide copies of bank statement and deposits. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Centralized. Automated |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
Joint ownership can be a reason to contest. |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
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| J5.16.1. If yes, what is the amount? |
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| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
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| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
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| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
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| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
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| J5.19.1 . If yes, please define. |
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| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Administrative - Worker's compensation (Code of Civil Procedure § 704.160); Unemployment compensation (Family Code § 17518); Lottery intercept (Code of Civil Procedure § 708.730; Personal injury claims intercept (Family Code §'s 5246, 17522(a), (e), and (g), and 17400); State disability insurance intercept (Code of Civil Procedure § 704.130) |
| J7. Please describe any other administrative enforcement procedures your state may have. |
Application for collection by the Secretary of the Treasury. |
| J8. Please describe any other judicial enforcement procedures your state may have. |
Civil or criminal contempt proceedings. |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
An interstate lien form, promulgated by the federal Secretary of Health and Human Services pursuant to § 652(a)(11) of title 42 of the United States Code, must be filed with the county recorder to establish a real property lien.
For Additional Information - No Link Provided |
| J10. Which of our state's enforcement remedies are available without registration? |
Order/Notice to withhold Income for Child support; interstate liens. |
| J11. Describe your state's registration and enforcement procedures. |
Division 9, Part 5, Chapter 6, Articles 4, 5 and 6 of the California Family Code. (Family Code §'s 4935, 4940 - 4946, 4950 - 4964) |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
N/A |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
Code of Civil Procedure § 1710.10 et seq. (Sister State Judgments) and Code of Civil Procedure § 1713 et seq. (Uniform Foreign Money Judgments Recognition Act).
For Additional Information - Click Here |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
Submit a Transmittal #3 to the Central Registry. Include all relevant information including the NCP's name and the name, address and account number of the financial institution. Requests to place a lien on a bank account in CA are forwarded to the Franchise Tax Board. |
| J15. Does your state use credit bureau reporting as an enforcement method? |
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| J16. Provide which credit bureaus your state report an obligor's child support information? |
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| J17. Is the method for credit bureau reporting judicial, administrative or both? |
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| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
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| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
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K. Modification and Review/Adjustment |
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| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
No required frequency, but local child support agencies shall send a notice at least once every three years to each party informing them of their right to request a review. Reviews are conducted upon request of the CP/NCP or by the local child support agency when criteria in K2 are met. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
Upon request of either party, when the request is based on the need to include health care, and may be reviewed by the local child support agency, but not required, if the case has been reviewed for adjustment within the last 6 months. |
| K3. Briefly describe your State's modification procedure. |
Judicial. The local child support agency will seek to adjust the order via a motion, order to show cause, or stipulation. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
A change in circumstances is expected to last more than 3 months, and will alter the amount of support by at least 20% or $50, whichever is less; or the parties stipulated to an order below the amount established by guidelines and are now requesting an adjustment. No change in circumstances needs to be demonstrated to modify the order to the applicable guideline level or above. The counties can proceed when the request for an adjustment is based on the need to include health care. The counties may, but are not required to, review any case if the case has been reviewed for adjustment within the last 6 months. (Family Code § 4065(d)) |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
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| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
Change in custody; change in employment status; change in parenting time; change in travel expenses for visitation; financial hardship on the obligee/obligor; obligee/obligor begins or ceases receiving unemployment benefits, state disability, or workers compensation benefits; additional child support orders; change in the obligee/obligor's health insurance premium; release of the obligee/obligor from incarceration or psychiatric facility; determination that the order does not include a provision for medical support; obligor becomes disabled; order based on presumed income and actual income becomes known; obligee/obligor is a reservist in the military and is called to active duty; to accommodate seasonal or fluctuating income of either parent. |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
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| K7. How does your state credit SSA disability to current and past due support? |
Payments shall be credited toward the amount ordered for that month unless the payments made were taken into consideration by the court in determining the amount of support. If a lump-sum payment is received by the CP, credit shall be given for each month for which the lump-sum payment was made. If the CP refuses to apply for the benefits or cooperate with the appropriate federal agency, the NCP shall be credited toward the amount ordered by the court in the amount that the child would have received. The credit shall continue until the child would no longer be eligible for the benefits or the order is no longer in effect, whichever occurs first (Family Code §'s 4504(b) and (c)) |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
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| K8.1. If so, please explain the situation? |
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| K8.2. What is the statutory cite for your abatement law? |
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
To intercept unemployment or disability insurance benefits from CA that are being paid to an NCP in another state, submit your request on a Transmittal #1 with a copy of the order and the amount of arrears to the Central Registry. |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
If the child was born in CA after 1/1/97, you may request a copy of the paternity acknowledgement by contacting the Paternity Opportunity Program at (866) 249-0773, or writing to: DCSS, POP, MS - 30, P.O. Box 419064, Rancho Cordova, CA 95741-9064. Copies of birth certificates may be ordered from: Office of Vital Records, MS 5103, P.O. Box 997410, Sacramento, CA 95899-7410, or www.dhs.ca.gov/hisp/chs/OVR/ordercert.htm. The phone number is (916) 445-2684, and the fee is $15. |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
For enforcement: A Transmittal #1, Registration Statement, one certified copy of the order, and a certified month-by-month accounting of arrears if applicable. For modification: In addition to the above, a Uniform Support Petition and a General Testimony. |
L. Lump Sum Payments |
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| L1. Does your state define a lump sum payment? |
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| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
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| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
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| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
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| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
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| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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| L4. How are employers instructed to report a pending lump sum? |
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| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
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| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
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| L7. Does your state use the income withholding order to attach the lump sum payment? |
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| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
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| L8. Does your state use the lien/levy process to attach the lump sum payment? |
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| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
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| L9. What other documents does your state use to attach lump sum payments? |
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| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
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| L10.1 If yes, what are those limits? |
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
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| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
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| L11.1 If yes, would the employer only withhold for that period's obligation? |
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