reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Support Agreements › ARTICLE 1 - General Provisions › Section 3580.

3580. Subject to this chapter and to Section 3651, spouses may agree, in writing, to an immediate separation, and may provide in the agreement for the support of either of them and of their children during the separation or upon the dissolution of their marriage. The mutual consent of the parties is sufficient consideration for the agreement.
(Amended by Stats. 2014, Ch. 82, Sec. 33. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Support Agreements › ARTICLE 2 - Child Support › Section 3585.

3585. The provisions of an agreement between the parents for child support shall be deemed to be separate and severable from all other provisions of the agreement relating to property and support of either spouse. An order for child support based on the agreement shall be imposed by law and shall be made under the power of the court to order child support.
(Amended by Stats. 2014, Ch. 82, Sec. 34. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Support Agreements › ARTICLE 2 - Child Support › Section 3586.

3586. If an agreement between the parents combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support, the court is not required to make a separate order for child support.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Support Agreements › ARTICLE 2 - Child Support › Section 3587.

3587. Notwithstanding any other provision of law, the court has the authority to approve a stipulated agreement by the parents to pay for the support of an adult child or for the continuation of child support after a child attains the age of 18 years and to make a support order to effectuate the agreement.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Support Agreements › ARTICLE 3 - Spousal Support › Section 3590.

3590. The provisions of an agreement for support of either party shall be deemed to be separate and severable from the provisions of the agreement relating to property. An order for support of either party based on the agreement shall be law-imposed and shall be made under the power of the court to order spousal support.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Support Agreements › ARTICLE 3 - Spousal Support › Section 3591.

3591. (a) Except as provided in subdivisions (b) and (c), the provisions of an agreement for the support of either party are subject to subsequent modification or termination by court order.
(b) An agreement may not be modified or terminated as to an amount that accrued before the date of the filing of the notice of motion or order to show cause to modify or terminate.
(c) An agreement for spousal support may not be modified or revoked to the extent that a written agreement, or, if there is no written agreement, an oral agreement entered into in open court between the parties, specifically provides that the spousal support is not subject to modification or termination.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Support Agreements › ARTICLE 3 - Spousal Support › Section 3592.

3592. If an obligation under an agreement for settlement of property to a spouse or for support of a spouse is discharged in bankruptcy, the court may make all proper orders for the support of the spouse, as the court determines are just, having regard for the circumstances of the parties and the amount of the obligations under the agreement that are discharged.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 3 - Support Agreements › ARTICLE 3 - Spousal Support › Section 3593.

3593. Sections 3590 and 3591 are effective only with respect to a property settlement agreement entered into on or after January 1, 1970, and do not affect an agreement entered into before January 1, 1970, as to which Chapter 1308 of the Statutes of 1967 shall apply.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 4 - Spousal and Child Support During Pendency of Proceeding › Section 3600.

3600. During the pendency of any proceeding for dissolution of marriage or for legal separation of the parties or under Division 8 (commencing with Section 3000) (custody of children) or in any proceeding where there is at issue the support of a minor child or a child for whom support is authorized under Section 3901 or 3910, the court may order (a) either spouse to pay any amount that is necessary for the support of the other spouse, consistent with the requirements of subdivisions (i) and (m) of Section 4320 and Section 4325, or (b) either or both parents to pay any amount necessary for the support of the child, as the case may be.
(Amended by Stats. 2014, Ch. 82, Sec. 35. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 4 - Spousal and Child Support During Pendency of Proceeding › Section 3601.

3601. (a) An order for child support entered pursuant to this chapter continues in effect until the order (1) is terminated by the court or (2) terminates by operation of law pursuant to Sections 3900, 3901, 4007, and 4013.
(b) Subject to Section 3602, subdivision (a) applies notwithstanding any other provision of law and notwithstanding that the proceeding has not been brought to trial within the time limits specified in Chapter 1.5 (commencing with Section 583.110) of Title 8 of Part 2 of the Code of Civil Procedure.
(Amended by Stats. 1993, Ch. 219, Sec. 121. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 4 - Spousal and Child Support During Pendency of Proceeding › Section 3602.

3602. Unless the order specifies otherwise, an order made pursuant to this chapter is not enforceable during any period in which the parties have reconciled and are living together.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 4 - Spousal and Child Support During Pendency of Proceeding › Section 3603.

3603. An order made pursuant to this chapter may be modified or terminated at any time except as to an amount that accrued before the date of the filing of the notice of motion or order to show cause to modify or terminate.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 4 - Spousal and Child Support During Pendency of Proceeding › Section 3604.

3604. An order made pursuant to this chapter does not prejudice the rights of the parties or the child with respect to any subsequent order which may be made.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 1 - General Provisions › Section 3650.

3650. 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.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 1 - General Provisions › Section 3652.

3652. 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.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 1 - General Provisions › Section 3653.

3653. (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)(9)).
(b) If an order modifying or terminating a support order is entered due to the unemployment of either the support obligor or the support obligee, the order shall be made retroactive to the later of the date of the service on the opposing party of the notice of motion or order to show cause to modify or terminate or the date of unemployment, subject to the notice requirements of federal law (42 U.S.C. Sec. 666(a)(9)), unless the court finds good cause not to make the order retroactive and states its reasons on the record.
(c) If an order modifying or terminating a support order is entered due to a change in income resulting from the activation to United States military service or National Guard duty and deployment out of state for either the support obligor or the support obligee, the order shall be made retroactive to the later of the date of the service on the opposing party of the notice of activation, notice of motion, order to show cause to modify or terminate, or the date of activation, subject to the notice requirements of federal law (42 U.S.C. Sec. 666(a)(9)), unless the court finds good cause not to make the order retroactive and states its reasons on the record. Good cause shall include, but not be limited to, a finding by the court that the delay in seeking the modification was not reasonable under the circumstances faced by the service member.
(d) If an order decreasing or terminating a support order is entered retroactively pursuant to this section, the support obligor may be entitled to, and the support obligee may be ordered to repay, according to the terms specified in the order, any amounts previously paid by the support obligor pursuant to the prior order that are in excess of the amounts due pursuant to the retroactive order. The court may order that the repayment by the support obligee shall be made over any period of time and in any manner, including, but not limited to, by an offset against future support payments or wage assignment, as the court deems just and reasonable. In determining whether to order a repayment, and in establishing the terms of repayment, the court shall consider all of the following factors:
(1) The amount to be repaid.
(2) The duration of the support order prior to modification or termination.
(3) The financial impact on the support obligee of any particular method of repayment such as an offset against future support payments or wage assignment.
(4) Any other facts or circumstances that the court deems relevant.
(Amended by Stats. 2005, Ch. 154, Sec. 3. Effective August 30, 2005.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 1 - General Provisions › Section 3654.

3654. 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.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 2 - Discovery Before Commencing Modification or Termination Proceeding › Section 3660.

3660. 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.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 2 - Discovery Before Commencing Modification or Termination Proceeding › Section 3662.

3662. 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.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 2 - Discovery Before Commencing Modification or Termination Proceeding › Section 3663.

3663. 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.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 2 - Discovery Before Commencing Modification or Termination Proceeding › Section 3665.

3665. (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’s attorney, the party’s accountant, or other financial consultant assisting with matters relating to the proceeding, or any other person permitted by the court.
(c) The tax returns shall be controlled by the court as provided in Section 3552.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 2 - Discovery Before Commencing Modification or Termination Proceeding › Section 3666.

3666. 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 applicable to the enforcement of procedures for discovery.
(Amended by Stats. 2004, Ch. 182, Sec. 34. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 2 - Discovery Before Commencing Modification or Termination Proceeding › Section 3667.

3667. 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 prior year’s federal and state personal income tax returns, or that the declaration was not submitted in good faith, the court may order sanctions against the responding party in the form of payment of all costs of the motion, including the filing fee and the costs of the depositions and subpoenas necessary to be utilized in order to obtain complete and accurate information. This section is applicable regardless of whether a party has utilized subdivision (b) of Section 3664.
(Amended by Stats. 1995, Ch. 506, Sec. 3. Effective January 1, 1996.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 2 - Discovery Before Commencing Modification or Termination Proceeding › Section 3668.

3668. 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.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 3 - Simplified Procedure for Modification of Support Order › Section 3680.

3680. (a) The Legislature finds and declares the following:
(1) There is currently no simple method available to parents to quickly modify their support orders when circumstances warrant a change in the amount of support.
(2) The lack of a simple method for parents to use to modify support orders has led to orders in which the amount of support ordered is inappropriate based on the parents’ financial circumstances.
(3) Parents should not have to incur significant costs or experience significant delays in obtaining an appropriate support order.
(b) Therefore, it is the intent of the Legislature that the Judicial Council adopt rules of court and forms for a simplified method to modify support orders. This simplified method should be designed to be used by parents who are not represented by counsel.
(Added by Stats. 1996, Ch. 957, Sec. 5. Effective January 1, 1997.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 3 - Simplified Procedure for Modification of Support Order › Section 3680.5.

3680.5. (a) The local child support agency shall monitor child support cases and seek modifications, when needed.
(b) At least once every three years, the local child support agency shall review, and, if appropriate, seek modification of, each child support case for which assistance is being provided under the CalWORKs program, pursuant to Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code.
(Amended by Stats. 2007, Ch. 488, Sec. 1. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 4 - Relief From Orders › Section 3690.

3690. (a) The court may, on any terms that may be just, relieve a party from a support order, or any part or parts thereof, after the six-month time limit of Section 473 of the Code of Civil Procedure has run, based on the grounds, and within the time limits, provided in this article.
(b) In all proceedings under this division, before granting relief, the court shall find that the facts alleged as the grounds for relief materially affected the original order and that the moving party would materially benefit from the granting of the relief.
(c) Nothing in this article shall limit or modify the provisions of Section 17432 or 17433.
(d) This section shall only be operative if Assembly Bill 196, of the 1999–2000 Regular Session, is enacted and becomes operative.
(Added by Stats. 1999, Ch. 653, Sec. 6 (2nd text). Effective January 1, 2000. Note: Operational condition in subd. (d) was satisfied; AB 196 was enacted as Stats. 1999, Ch. 478.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 4 - Relief From Orders › Section 3691.

3691. The grounds and time limits for an action or motion to set aside a support order, or part thereof, are governed by this section and shall be one of the following:
(a) Actual fraud. Where the defrauded party was kept in ignorance or in some other manner, other than through the party’s own lack of care or attention, was fraudulently prevented from fully participating in the proceeding. An action or motion based on fraud shall be brought within six months after the date on which the complaining party discovered or reasonably should have discovered the fraud.
(b) Perjury. An action or motion based on perjury shall be brought within six months after the date on which the complaining party discovered or reasonably should have discovered the perjury.
(c) Lack of Notice.
(1) When service of a summons has not resulted in notice to a party in time to defend the action for support and a default or default judgment has been entered against the party in the action, the party may serve and file a notice of motion to set aside the default and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event later than six months after the party obtains or reasonably should have obtained notice (A) of the support order, or (B) that the party’s income and assets are subject to attachment pursuant to the order.
(2) A notice of motion to set aside a support order pursuant to this subdivision shall be accompanied by an affidavit showing, under oath, that the party’s lack of notice in time to defend the action was not caused by avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action.
(3) The court may not set aside or otherwise relieve a party from a support order pursuant to this subdivision if service of the summons was accomplished in accordance with existing requirements of law regarding service of process.
(Amended by Stats. 2019, Ch. 115, Sec. 41. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 4 - Relief From Orders › Section 3692.

3692. Notwithstanding any other provision of this article, or any other law, a support order may not be set aside simply because the court finds that it was inequitable when made, nor simply because subsequent circumstances caused the support ordered to become excessive or inadequate.
(Added by Stats. 1999, Ch. 653, Sec. 6. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders › ARTICLE 4 - Relief From Orders › Section 3693.

3693. When ruling on an action or motion to set aside a support order, the court shall set aside only those provisions materially affected by the circumstances leading to the court’s decision to grant relief. However, the court has discretion to set aside the entire order, if necessary, for equitable considerations.
(Added by Stats. 1999, Ch. 653, Sec. 6. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 1 - Health Insurance Coverage for Supported Child › Section 3750.

3750. “Health insurance coverage” as used in this article includes all of the following:
(a) Vision care and dental care coverage whether the vision care or dental care coverage is part of existing health insurance coverage or is issued as a separate policy or plan.
(b) Provision for the delivery of health care services by a fee for service, health maintenance organization, preferred provider organization, or any other type of health care delivery system under which medical services could be provided to a dependent child of an absent parent.
(Amended by Stats. 1996, Ch. 1062, Sec. 1. Effective January 1, 1997.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 1 - Health Insurance Coverage for Supported Child › Section 3751.

3751. (a) (1) Support orders issued or modified pursuant to this chapter shall include a provision requiring the child support obligor to keep the agency designated under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.) informed of whether the obligor has health insurance coverage at a reasonable cost and, if so, the health insurance policy information.
(2) When an amount is set for current support, the court shall require that health insurance coverage for a supported child shall be maintained by either or both parents if that insurance is available at no cost or at a reasonable cost to the parent. Health insurance coverage shall be rebuttably presumed to be reasonable in cost if the cost to the responsible parent providing medical support does not exceed 5 percent of the parent’s gross income. In applying the 5 percent for the cost of health insurance, the cost is the difference between self-only and family coverage. If the obligor is entitled to a low-income adjustment as provided in paragraph (7) of subdivision (b) of Section 4055, medical support shall be deemed not reasonable, unless the court determines that not requiring medical support would be unjust and inappropriate in the particular case. If the court determines that the cost of health insurance coverage is not reasonable, the court shall state its reasons on the record. If the court determines that, although the obligor is entitled to a low-income adjustment, not requiring medical support would be unjust and inappropriate, the court shall state its reasons on the record.
(b) If the court determines that health insurance coverage is not available at no cost or at a reasonable cost, the court’s order for support shall contain a provision that specifies that health insurance coverage shall be obtained if it becomes available at no cost or at a reasonable cost. Upon health insurance coverage at no cost or at a reasonable cost becoming available to a parent, the parent shall apply for that coverage.
(c) The court’s order for support shall require the parent who, at the time of the order or subsequently, provides health insurance coverage for a supported child to seek continuation of coverage for the child upon attainment of the limiting age for a dependent child under the health insurance coverage if the child meets the criteria specified under Section 1373 of the Health and Safety Code or Section 10277 or 10278 of the Insurance Code and that health insurance coverage is available at no cost or at a reasonable cost to the parent or parents, as applicable.
(Amended by Stats. 2019, Ch. 115, Sec. 42. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 1 - Health Insurance Coverage for Supported Child › Section 3752.

3752. (a) If the local child support agency has been designated as the assigned payee for child support, the court shall order the parent to notify the local child support agency upon applying for and obtaining health insurance coverage for the child within a reasonable period of time.
(b) The local child support agency shall obtain a completed medical form from the parent in accordance with Section 17422 and shall forward the completed form to the State Department of Health Services.
(c) In those cases where the local child support agency is providing medical support enforcement services, the local child support agency shall provide the parent or person having custody of the child with information pertaining to the health insurance policy that has been secured for the child.
(Amended by Stats. 2000, Ch. 808, Sec. 30. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 1 - Health Insurance Coverage for Supported Child › Section 3752.5.

3752.5. (a) A child support order issued or modified pursuant to this division shall include a provision requiring the child support obligor to keep the obligee informed of whether the obligor has health insurance made available through the obligor’s employer or has other group health insurance and, if so, the health insurance policy information. The support obligee under a child support order shall inform the support obligor of whether the obligee has health insurance made available through the employer or other group health insurance and, if so, the health insurance policy information.
(b) A child support order issued or modified pursuant to this division shall include a provision requiring the child support obligor and obligee to provide the information described in subdivision (a) for a child or an adult who meets the criteria for continuation of health insurance coverage upon attaining the limiting age pursuant to Section 1373 of the Health and Safety Code or Section 10277 or 10278 of the Insurance Code.
(c) The Judicial Council shall modify the form of the order for health insurance coverage (family law) to notify child support obligors of the requirements of this section and of Section 3752. Notwithstanding any other provision of law, the Judicial Council shall not be required to modify the form of the order for health insurance coverage (family law) to include the provisions described in subdivision (b) until January 1, 2010.
(Amended by Stats. 2007, Ch. 617, Sec. 2. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 1 - Health Insurance Coverage for Supported Child › Section 3753.

3753. The cost of the health insurance shall be in addition to the child support amount ordered under Article 2 (commencing with Section 4050), with allowance for the costs of health insurance actually obtained given due consideration under subdivision (d) of Section 4059.
(Repealed and added by Stats. 1994, Ch. 1269, Sec. 36. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3760.

3760. As used in this article, unless the provision or context otherwise requires:
(a) “Employer” includes the United States government and any public entity as defined in Section 811.2 of the Government Code.
(b) “Health insurance,” “health insurance plan,” “health insurance coverage,” “health care services,” or “health insurance coverage assignment” includes vision care and dental care coverage whether the vision care or dental care coverage is part of existing health insurance coverage or is issued as a separate policy or plan.
(c) “Health insurance coverage assignment” or “assignment order” means an order made under Section 3761.
(d) “National medical support notice” means the notice required by Section 666(a)(19) of Title 42 of the United States Code with respect to an order made pursuant to Section 3773.
(Amended by Stats. 2000, Ch. 119, Sec. 1. Effective January 1, 2001.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3761.

3761. (a) Upon application by a party or local child support agency in any proceeding where the court has ordered either or both parents to maintain health insurance coverage under Article 1 (commencing with Section 3750), the court shall order the employer of the obligor parent or other person providing health insurance to the obligor to enroll the supported child in the health insurance plan available to the obligor through the employer or other person and to deduct the appropriate premium or costs, if any, from the earnings of the obligor unless the court makes a finding of good cause for not making the order.
(b) (1) The application shall state that the party or local child support agency seeking the assignment order has given the obligor a written notice of the intent to seek a health insurance coverage assignment order in the event of a default in instituting coverage required by court order on behalf of the parties’ child and that the notice was transmitted by first-class mail, postage prepaid, or personally served at least 15 days before the date of the filing of the application for the order. The written notice of the intent to seek an assignment order required by this subdivision may be given at the time of filing a petition or complaint for support or at any later time, but shall be given at least 15 days before the date of filing the application under this section. The obligor may at any time waive the written notice required by this subdivision.
(2) The party or local child support agency seeking the assignment order shall file a certificate of service showing the method and date of service of the order and the statements required under Section 3772 upon the employer or provider of health insurance.
(c) The total amount that may be withheld from earnings for all obligations, including health insurance assignments, is limited by subdivision (a) of Section 706.052 of the Code of Civil Procedure or Section 1673 of Title 15 of the United States Code, whichever is less.
(Amended by Stats. 2000, Ch. 808, Sec. 31. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3762.

3762. Good cause for not making a health insurance coverage assignment order shall be limited to either of the following:
(a) The court finds that one of the conditions listed in subdivision (a) of Section 3765 or in Section 3770 exists.
(b) The court finds that the health insurance coverage assignment order would cause extraordinary hardship to the obligor. The court shall specify the nature of the extraordinary hardship and, whenever possible, a date by which the obligor shall obtain health insurance coverage or be subject to a health insurance coverage assignment.
(Amended by Stats. 1994, Ch. 1269, Sec. 38. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3763.

3763. (a) The health insurance coverage assignment order may be ordered at the time of trial or entry of a judgment ordering health insurance coverage. The order operates as an assignment and is binding on any existing or future employer of the obligor parent, or other person providing health insurance to the obligor, upon whom a copy of the order has been served.
(b) The order of assignment may be modified at any time by the court.
(Amended by Stats. 1994, Ch. 1269, Sec. 39. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3764.

3764. (a) A health insurance coverage assignment order does not become effective until 20 days after service by the applicant of the assignment order on the employer.
(b) Within 10 days after service of the order, the employer or other person providing health insurance to the obligor shall deliver a copy of the order to the obligor, together with a written statement of the obligor’s rights and the relevant procedures under the law to move to quash the order.
(c) Service of a health insurance coverage assignment order on any employer or other person providing health insurance may be made by first class mail in the manner prescribed in Section 1013 of the Code of Civil Procedure.
(Amended by Stats. 1994, Ch. 1269, Sec. 40. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3765.

3765. (a) The obligor may move to quash a health insurance coverage assignment order as provided in this section if the obligor declares under penalty of perjury that there is error on any of the following grounds:
(1) No order to maintain health insurance has been issued under Article 1 (commencing with Section 3750).
(2) The amount to be withheld for premiums is greater than that permissible under Article 1 (commencing with Section 3750) or greater than the amount otherwise ordered by the court.
(3) The amount of the increased premium is unreasonable.
(4) The alleged obligor is not the obligor from whom health insurance coverage is due.
(5) The child is or will be otherwise provided health care coverage.
(6) The employer’s choice of coverage is inappropriate.
(b) The motion and notice of motion to quash the assignment order, including the declaration required by subdivision (a), shall be filed with the court issuing the assignment order within 15 days after delivery of a copy of the order to the obligor pursuant to subdivision (b) of Section 3764. The court clerk shall set the motion for hearing not less than 15 days, nor more than 30 days, after receipt of the notice of motion. The clerk shall, within five days after receipt of the notice of motion, deliver a copy of the notice of motion to (1) the district attorney personally or by first-class mail, and (2) the applicant and the employer or other person providing health insurance, at the appropriate addresses contained in the application, by first-class mail.
(c) Upon a finding of error described in subdivision (a), the court shall quash the assignment.
(Amended by Stats. 1994, Ch. 1269, Sec. 41. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3766.

3766. (a) The employer, or other person providing health insurance, shall take steps to commence coverage, consistent with the order for the health insurance coverage assignment, within 30 days after service of the assignment order upon the obligor under Section 3764 unless the employer or other person providing health insurance coverage receives an order issued pursuant to Section 3765 to quash the health insurance coverage assignment. The employer, or the person providing health insurance, shall commence coverage at the earliest possible time and, if applicable, consistent with the group plan enrollment rules.
(b) If the obligor has made a selection of health coverage prior to the issuance of the court order, the selection shall not be superseded unless the child to be enrolled in the plan will not be provided benefits or coverage where the child resides or the court order specifically directs other health coverage.
(c) If the obligor has not enrolled in an available health plan, there is a choice of coverage, and the court has not ordered coverage by a specific plan, the employer or other person providing health insurance shall enroll the child in the plan that will provide reasonable benefits or coverage where the child resides. If that coverage is not available, the employer or other person providing health insurance shall, within 20 days, return the assignment order to the attorney or person initiating the assignment.
(d) If an assignment order is served on an employer or other person providing health insurance and no coverage is available for the supported child, the employer or other person shall, within 20 days, return the assignment to the attorney or person initiating the assignment.
(Amended by Stats. 2002, Ch. 927, Sec. 2. Effective January 1, 2003.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3767.

3767. The employer or other person providing health insurance shall do all of the following:
(a) Notify the applicant for the assignment order or notice of assignment of the commencement date of the coverage of the child.
(b) Provide evidence of coverage and any information necessary for the child to obtain benefits through the coverage to both parents or the person having custody of the child and to the local child support agency when requested by the local child support agency.
(c) Upon request by the parents or person having custody of the child, provide all forms and other documentation necessary for the purpose of submitting claims to the insurance carrier which the employer or other person providing health insurance usually provides to insureds.
(Amended by Stats. 2001, Ch. 755, Sec. 3. Effective October 12, 2001.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3768.

3768. (a) An employer or other person providing health insurance who willfully fails to comply with a valid health insurance coverage assignment order entered and served on the employer or other person pursuant to this article is liable to the applicant for the amount incurred in health care services that would otherwise have been covered under the insurance policy but for the conduct of the employer or other person that was contrary to the assignment order.
(b) Willful failure of an employer or other person providing health insurance to comply with a health insurance coverage assignment order is punishable as contempt of court under Section 1218 of the Code of Civil Procedure.
(Amended by Stats. 1994, Ch. 1269, Sec. 43. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3769.

3769. No employer shall use a health insurance coverage assignment order as grounds for refusing to hire a person or for discharging or taking disciplinary action against an employee. An employer who violates this section may be assessed a civil penalty of a maximum of five hundred dollars ($500).
(Amended by Stats. 1994, Ch. 1269, Sec. 44. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3770.

3770. Upon notice of motion by the obligor, the court shall terminate a health insurance coverage assignment order if any of the following conditions exist:
(a) A new order has been issued under Article 1 (commencing with Section 3750) that is inconsistent with the existing assignment.
(b) The employer or other person providing health insurance has discontinued that coverage to the obligor.
(c) The court determines that there is good cause, consistent with Section 3762, to terminate the assignment.
(d) The death or emancipation of the child for whom the health insurance has been obtained.
(Amended by Stats. 1994, Ch. 1269, Sec. 45. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3771.

3771. Upon request of the local child support agency the employer shall provide the following information to the local child support agency within 30 days:
(a) The social security number of the absent parent.
(b) The home address of the absent parent.
(c) Whether the absent parent has a health insurance policy and, if so, the policy names and numbers, and the names of the persons covered.
(d) Whether the health insurance policy provides coverage for dependent children of the absent parent who do not reside in the absent parent’s home.
(e) If there is a subsequent lapse in health insurance coverage, the employer shall notify the local child support agency, giving the date the coverage ended, the reason for the lapse in coverage and, if the lapse is temporary, the date upon which coverage is expected to resume.
(Amended by Stats. 2000, Ch. 808, Sec. 32. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3772.

3772. The Judicial Council shall adopt forms for the health insurance coverage assignment required or authorized by this article, including, but not limited to, the application, the order, the statement of the obligor’s rights, and an employer’s return form which shall include information on the limitations on the total amount that may be withheld from earnings for obligations, including health insurance assignments, under subdivision (a) of Section 706.052 of the Code of Civil Procedure and Section 1673 of Title 15 of the United States Code, and the information required by Section 3771. The parties and child shall be sufficiently identified on the forms by the inclusion of birth dates, social security numbers, and any other information the Judicial Council determines is necessary.
(Amended by Stats. 1994, Ch. 1269, Sec. 46. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 7 - Health Insurance › ARTICLE 2 - Health Insurance Coverage Assignment › Section 3773.

3773. (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) After the court has ordered that a parent provide health insurance coverage, the local child support agency shall serve on the employer a national medical support notice in lieu of the health insurance coverage assignment order. The national medical support notice may be combined with the order/notice to withhold income for child support that is authorized by Section 5246.
(c) A national medical support notice shall have the same force and effect as a health insurance coverage assignment order.
(d) The obligor shall have the same right to move to quash or terminate a national medical support notice as provided in this article for a health insurance coverage assignment order.
(Amended by Stats. 2000, Ch. 119, Sec. 2. Effective January 1, 2001.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 8 - Deferred Sale of Home Order › Section 3800.

3800. As used in this chapter:
(a) “Custodial parent” means a party awarded physical custody of a child.
(b) “Deferred sale of home order” means an order that temporarily delays the sale and awards the temporary exclusive use and possession of the family home to a custodial parent of a minor child or child for whom support is authorized under Sections 3900 and 3901 or under Section 3910, whether or not the custodial parent has sole or joint custody, in order to minimize the adverse impact of dissolution of marriage or legal separation of the parties on the welfare of the child.
(c) “Resident parent” means a party who has requested or who has already been awarded a deferred sale of home order.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)