reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 1 - Department of Child Support Services › ARTICLE 4 - Statewide Registry for Child Support › Section 17391.

17391. (a) The department shall develop an implementation plan for the Statewide Child Support Registry. The Statewide Child Support Registry shall be operated by the agency responsible for operation of the California Child Support Enforcement System or its replacement. The Statewide Child Support Registry shall include storage and data retrieval of the data elements specified in Section 17392 for all California child support orders. The Statewide Child Support Registry will operate to ensure that all data in the Statewide Child Support Registry can be accessed and integrated for statistical analysis and reporting purposes with all child support order data contained in the California Child Support Enforcement System.
(b) Each clerk of the court shall provide the information specified in Section 17392 within 20 days to the department or the Statewide Child Support Registry from each new or modified child support order, including child support arrearage orders.
(c) The department shall maintain a system for compiling the child support data received from the clerks of the court, ensure that all child support data received from the clerks of the court are entered into the Statewide Child Support Registry within five business days of receipt in the Statewide Child Support Registry, and ensure that the Statewide Child Support Registry is fully implemented statewide.
(d) The department shall provide aggregate data on a periodic basis on the data maintained by the Statewide Child Support Registry to the Judicial Council, the appropriate agencies of the executive branch, and the Legislature for statistical analysis and review. The data shall not include individual identifying information for specific cases.
(e) Any information maintained by the Statewide Child Support Registry received from clerks of the court shall be provided to local child support agencies, the courts, and others as provided by law.
(Added by Stats. 2016, Ch. 474, Sec. 13. (AB 2882) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 1 - Department of Child Support Services › ARTICLE 4 - Statewide Registry for Child Support › Section 17392.

17392. (a) The Judicial Council shall develop any forms that may be necessary to implement the Statewide Child Support Registry. The forms may be in electronic form or in hardcopy, as appropriate. The forms shall be developed so as not to delay implementation, and shall be available no later than 30 days prior to the implementation, of the Statewide Child Support Registry.
(b) The information transmitted from the clerks of the court to the Statewide Child Support Registry shall include all of the following:
(1) Any information required under federal law.
(2) Any other information the department and the Judicial Council find appropriate.
(Added by Stats. 2016, Ch. 474, Sec. 13. (AB 2882) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 1 - Department of Child Support Services › ARTICLE 4 - Statewide Registry for Child Support › Section 17393.

17393. The Judicial Council shall develop the forms necessary to implement this article.
(Added by Stats. 2016, Ch. 474, Sec. 13. (AB 2882) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17400.5.

17400.5. If an obligor has an ongoing child support order being enforced by a local child support agency pursuant to Title IV-D of the Social Security Act and the obligor is disabled, meets the SSI resource test, and is receiving Supplemental Security Income/State Supplemental Payments (SSI/SSP) or, but for excess income as described in Section 416.1100 et seq. of Part 416 of Title 20 of the Code of Federal Regulations, would be eligible to receive as SSI/SSP, pursuant to Section 12200 of the Welfare and Institutions Code, and the obligor has supplied the local child support agency with proof of eligibility for, and, if applicable, receipt of, SSI/SSP or Social Security Disability Insurance benefits, then the local child support agency shall prepare and file a motion to modify the support obligation within 30 days of receipt of verification from the noncustodial parent or any other source of the receipt of SSI/SSP or Social Security Disability Insurance benefits. The local child support agency shall serve the motion on both the noncustodial parent and custodial person and any modification of the support order entered pursuant to the motion shall be effective as provided in Section 3653 of the Family Code.
(Amended by Stats. 2019, Ch. 115, Sec. 145. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17401.

17401. If the parent who is receiving support enforcement services provides to the local child support agency substantial, credible, information regarding the residence or work address of the support obligor, the agency shall initiate an establishment or enforcement action and serve the defendant, if service is required, within 60 days and inform the parent in writing when those actions have been taken. If the address or any other information provided by the support obligee is determined by the local child support agency to be inaccurate and if, after reasonable diligence, the agency is unable to locate and serve the support obligor within that 60-day period, the local child support agency shall inform the support obligee in writing of those facts. The requirements of this section shall be in addition to the time standards established by the Department of Child Support Services pursuant to subdivision (l) of Section 17400.
(Amended by Stats. 2001, Ch. 755, Sec. 12. Effective October 12, 2001.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17401.5.

17401.5. (a) All of the following shall include notice of, and information about, the child support service hearings available pursuant to Section 17801, provided that there is federal financial participation available as set forth in subdivision (j) of Section 17801:
(1) The booklet required by subdivision (a) of Section 17434.
(2) Any notice required by subdivision (c) or (h) of Section 17406.
(b) To the extent not otherwise required by law, the local child support agency shall provide notice of, and information about, the child support services hearings available pursuant to Section 17801 in any regularly issued notices to custodial and noncustodial parents subject to Section 17400, provided that there is federal financial participation available as set forth in subdivision (e) of Section 17801.
Notice of and information about the child support service hearings and the child support complaint resolution process required under Section 17800 shall be easily accessible and shall be provided in a single section of the booklet.
(Added by renumbering Section 17401 (as added by Stats. 1999, Ch. 803) by Stats. 2000, Ch. 808, Sec. 84. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17402.

17402. (a) In any case of separation or desertion of a parent or parents from a child or children that results in aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code being granted to that family, the noncustodial parent or parents shall be obligated to the county for an amount equal to the amount specified in an order for the support and maintenance of the family issued by a court of competent jurisdiction.
(b) The local child support agency shall take appropriate action pursuant to this section as provided in subdivision (l) of Section 17400. The local child support agency may establish liability for child support as provided in subdivision (a) when public assistance was provided by another county or by other counties.
(c) The amount of the obligation established for each parent with a liability under subdivision (a) shall be determined by using the appropriate child support guideline currently in effect and shall be computed as follows:
(1) If one parent remains as a custodial parent, the support shall be computed according to the guideline.
(2) If the parents reside together and neither father nor mother remains as a custodial parent, the guideline support shall be computed by combining the noncustodial parents’ incomes. The combined incomes shall be used as the high earner’s net monthly disposable income in the guideline formula. Income shall not be attributed to the caretaker or governmental agency. The amount of guideline support resulting shall be proportionately shared between the noncustodial parents based upon their net monthly disposable incomes.
(3) If the parents reside apart and neither father nor mother remains as a custodial parent, the guideline support shall be computed separately for each parent by treating each parent as a noncustodial parent. Income shall not be attributed to the caretaker or government agency.
(d) A parent shall pay the amount of support specified in the support order to the local child support agency.
(Amended by Stats. 2004, Ch. 305, Sec. 5. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17402.1.

17402.1. (a) Each local child support agency shall, on a monthly basis, remit to the department both the federal and state public assistance child support payments received pursuant to Section 17402.
(b) The department shall promulgate regulations to implement this section.
(Added by Stats. 2001, Ch. 111, Sec. 4. Effective July 30, 2001.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17404.1.

17404.1. (a) Upon receipt of a petition or comparable pleading pursuant to Part 6 (commencing with Section 5700.101) of Division 9, the local child support agency or petitioner may either (1) request the issuance of a summons or (2) request the court to issue an order requiring the respondent to appear personally at a specified time and place to show cause why an order should not be issued as prayed in the petition or comparable pleading on file.
(b) The respondent may also be served with a proposed judgment consistent with the relief sought in the petition or other comparable pleading. If the respondent’s income or income history is unknown to the local child support agency, the local child support agency may serve a form of proposed judgment with the petition and other documents on the respondent that shall inform the respondent that income shall be presumed to be the amount of the state minimum wage, at 40 hours per week, unless information concerning the respondent’s income is provided to the court. The respondent shall also receive notice that the proposed judgment will become effective if the respondent fails to file a response with the court within 30 days after service.
(c) If a summons is issued for a petition or comparable pleading pursuant to Part 6 (commencing with Section 5700.101) of Division 9, the local child support agency or petitioner shall cause a copy of the summons, petition, and other documents to be served upon the respondent according to law.
(d) If an order to show cause is issued on a petition or comparable pleading pursuant to Part 6 (commencing with Section 5700.101) of Division 9 requiring the respondent to appear at a specified time and place to respond to the petition, a copy of the order to show cause, the petition, and other documents shall be served upon the respondent at least 15 days prior to the hearing.
(e) A petition or comparable pleading served upon a respondent in accordance with this section shall be accompanied by a blank responsive form that shall permit the respondent to answer the petition and raise any defenses by checking applicable boxes and by a blank income and expense declaration or simplified financial statement together with instructions for completion of the forms.
(f) In any action pursuant to Part 6 (commencing with Section 5700.101) of Division 9 in which the judgment was obtained pursuant to presumed income, as set forth in this section, the court may set aside that part of the judgment or order concerning the amount of child support to be paid on the grounds specified and in the manner set forth in Section 17432.
(g) This section shall become inoperative on January 1, 2026, and, as of January 1, 2027, is repealed.
(Amended by Stats. 2023, Ch. 213, Sec. 16. (SB 343) Effective January 1, 2024. Inoperative January 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 17 of Stats. 2023, Ch. 213.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17404.1.

17404.1. (a) Upon receipt of a petition or comparable pleading pursuant to Part 6 (commencing with Section 5700.101) of Division 9, the local child support agency or petitioner may either (1) request the issuance of a summons or (2) request the court to issue an order requiring the respondent to appear personally at a specified time and place to show cause why an order should not be issued as prayed in the petition or comparable pleading on file.
(b) The respondent may also be served with a proposed judgment consistent with the relief sought in the petition or other comparable pleading. The petition or other comparable pleading shall provide notice to the obligor of the amount of child support that is being sought pursuant to the guidelines set forth in Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9 based upon the methodology for determining the obligor’s income for purposes of a simplified complaint as required by subparagraph (A) of paragraph (2) of subdivision (d) of Section 17400.
(c) If the proposed judgment is based on the support obligor’s earning capacity pursuant to clause (ii) or (iii) of subparagraph (A) of paragraph (2) of subdivision (d) of Section 17400, the local child support agency shall file a motion for judgment, as provided in subdivision (b) of Section 17404.
(d) If a summons is issued for a petition or comparable pleading pursuant to Part 6 (commencing with Section 5700.101) of Division 9, the local child support agency or petitioner shall cause a copy of the summons, petition, and other documents to be served upon the respondent according to law.
(e) If an order to show cause is issued on a petition or comparable pleading pursuant to Part 6 (commencing with Section 5700.101) of Division 9 requiring the respondent to appear at a specified time and place to respond to the petition, a copy of the order to show cause, the petition, and other documents shall be served upon the respondent at least 15 days prior to the hearing.
(f) A petition or comparable pleading served upon a respondent in accordance with this section shall be accompanied by a blank responsive form that shall permit the respondent to answer the petition and raise any defenses by checking applicable boxes and by a blank income and expense declaration or simplified financial statement together with instructions for completion of the forms.
(g) This section shall become operative January 1, 2026.
(Repealed (in Sec. 16) and added by Stats. 2023, Ch. 213, Sec. 21. (SB 343) Effective January 1, 2024. Operative January 1, 2026, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17404.3.

17404.3. Hearings by telephone, audiovisual means, or other electronic means shall be permitted in child support cases in which the local child support agency is providing child support services. The Judicial Council shall adopt court rules implementing this provision and subdivision (f) of Section 5700.316 on or before July 1, 2016.
(Added by Stats. 2015, Ch. 493, Sec. 10. (SB 646) Effective January 1, 2016.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17404.4.

17404.4. In exercising the jurisdiction under Section 5700.319, either the department or the local child support agency shall issue a notice to change payee on a support order issued in this state, upon request from the support enforcement agency of another state where a custodial party has either assigned the right to receive support or has requested support enforcement services. Notice of the administrative change of payee shall be filed with the court in which the order was issued or last registered.
(Amended by Stats. 2022, Ch. 420, Sec. 21. (AB 2960) Effective January 1, 2023.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17405.

17405. In carrying out duties under this article, the local child support agency shall interview the custodial parent within 10 business days of opening a child support case. This interview shall solicit financial and all other information about the noncustodial parent. This information shall be acted upon immediately. The local child support agency shall reinterview the custodial parent as needed.
(Added by Stats. 1999, Ch. 652, Sec. 16. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17407.

17407. (a) If the Attorney General is of the opinion that a support order or support-related order is erroneous and presents a question of law warranting an appeal, or that an order is sound and should be defended on appeal, in the public interest the Attorney General may:
(1) Perfect or oppose an appeal to the proper appellate court if the order was issued by a court of this state.
(2) If the order was issued in another state, cause an appeal to be taken or opposed in the other state.
(b) In either case, expenses of the appeal may be paid on order of the Attorney General from funds appropriated for the Office of the Attorney General.
(Added by Stats. 1999, Ch. 652, Sec. 17. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17407.5.

17407.5. A declaration of state reciprocity issued by the Attorney General on or before December 31, 2015, and a declaration issued pursuant to subdivision (b) of Section 5700.308, shall remain in full force and effect unless one of the following occurs:
(a) The declaration is revoked or declared invalid by the Attorney General, in consultation with the department, or by the other party to the reciprocity agreement.
(b) The declaration is superseded by a subsequent federal bilateral agreement with the other party.
(c) The declaration is superseded by the other party’s ratification of or accession to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.
(Added by Stats. 2015, Ch. 493, Sec. 13. (SB 646) Effective January 1, 2016.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17408.

17408. (a) Notwithstanding Section 17404, upon noticed motion of the local child support agency, the superior court may consolidate or combine support or reimbursement arrearages owed by one obligor to one obligee in two or more court files into a single court file, or combine or consolidate two or more orders for current child support into a single court file. A motion to consolidate may be made by a local child support agency only if it is seeking to enforce the orders being consolidated. The motion shall be filed only in the court file the local child support agency is seeking to have designated as the primary file.
(b) Orders may be consolidated regardless of the nature of the underlying action, whether initiated under the Welfare and Institutions Code, this code, or another law. Orders for support shall not be consolidated unless the children involved have the same mother and father and venue is proper pursuant to Section 17400.
(c) Upon consolidation of orders, the court shall designate which court file the support orders are being consolidated into the primary file, and which court files are subordinate. Upon consolidation, the court shall order the local child support agency to file a notice in the subordinate court actions indicating the support orders in those actions were consolidated into the primary file. The notice shall state the date of the consolidation, the name of the court, and the primary file number.
(d) Upon consolidation of orders, the superior court shall not issue further orders pertaining to support in a subordinate court file; and all enforcement and modification of support orders shall occur in the primary court action.
(e) After consolidation of court orders, a single wage assignment for current support and arrearages may be issued when possible.
(Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17410.

17410. In any action filed by the local child support agency pursuant to Section 17402 or 17404, the local child support agency shall provide the mother and the alleged father the opportunity to voluntarily acknowledge paternity by signing a paternity declaration as described in Section 7574 prior to a hearing or trial where the paternity of a minor child is at issue. The opportunity to voluntarily acknowledge paternity may be provided either before or after an action pursuant to Section 17402 or 17404 is filed and served upon the alleged father. For the purpose of meeting the requirements of this section, the local child support agency may afford the defendant an opportunity to enter into a stipulation for judgment of paternity after an action for paternity has been filed in lieu of the voluntary declaration of paternity.
(Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17412.

17412. (a) Notwithstanding any other law, an action for child support may be brought by the local child support agency on behalf of a minor child or caretaker parent based upon a voluntary declaration of parentage as provided in Chapter 3 (commencing with Section 7570) of Part 2 of Division 12.
(b) Except as provided in Sections 7580 and 7581, the voluntary declaration of parentage shall be given the same force and effect as a judgment for parentage entered by a court of competent jurisdiction. The court shall make appropriate orders for support of the minor child based upon the voluntary declaration of parentage unless evidence is presented that the voluntary declaration of parentage has been rescinded by the parties or set aside by a court as provided in Section 7575, 7576, or 7577.
(c) The Judicial Council shall develop the forms and procedures necessary to implement this section.
(d) This section shall become operative on January 1, 2020.
(Repealed and added by Stats. 2018, Ch. 876, Sec. 65. (AB 2684) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17414.

17414. In any action or proceeding brought by the local child support agency to establish parentage pursuant to Section 17400, the court shall enter a judgment establishing parentage upon the filing of a written stipulation between the parties provided that the stipulation is accompanied by a written advisement and waiver of rights which is signed by the defendant. The written advisement and waiver of rights shall be developed by the Judicial Council.
(Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17418.

17418. In enforcing the provisions of this division, the local child support agency shall inquire of both the custodial and noncustodial parent as to the number of minor children each is legally obligated to support. The local child support agency shall consider the needs of all of these children in computing the level of support requested to be ordered by the court.
(Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17420.

17420. After judgment in any court action brought to enforce the support obligation of a noncustodial parent pursuant to the provisions of this division, the court shall issue an earnings assignment order for support pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9.
(Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17424.

17424. (a) A parent who has been served with a medical insurance form shall complete and return the form to the local child support agency’s office within 20 calendar days of the date the form was served.
(b) The local child support agency shall send the completed medical insurance form to the department in the manner prescribed by the department.
(Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17428.

17428. In any action or judgment brought or obtained pursuant to Section 17400, 17402, 17404, or 17416, a supplemental complaint may be filed, pursuant to Section 464 of the Code of Civil Procedure and Section 2330.1, either before or after a final judgment, seeking a judgment or order of paternity or support for a child of the mother and father of the child whose paternity and support are already in issue before the court. A supplemental judgment entered in the proceedings shall include, when appropriate and requested in the supplemental complaint, an order establishing or modifying support for all children named in the original or supplemental actions in conformity with the statewide uniform guideline for child support. A supplemental complaint for paternity or support of children may be filed without leave of court either before or after final judgment in the underlying action. Service of the supplemental summons and complaint shall be made in the manner provided for the initial service of a summons by the Code of Civil Procedure.
(Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17430.

17430. (a) Notwithstanding any other law, in an action filed by the local child support agency pursuant to Section 17400, 17402, or 17404, a judgment shall be entered without hearing, without the presentation of any other evidence or further notice to the defendant, upon the filing of proof of service by the local child support agency evidencing that more than 30 days have passed since the simplified summons and complaint, proposed judgment, blank answer, blank income and expense declaration, and all notices required by this division were served on the defendant.
(b) If the defendant fails to file an answer with the court within 30 days of having been served as specified in subdivision (d) of Section 17400, or at any time before the default judgment is entered, the proposed judgment filed with the original summons and complaint shall be conformed by the court as the final judgment and a copy provided to the local child support agency, unless the local child support agency has filed a declaration and amended proposed judgment pursuant to subdivision (c).
(c) If the local child support agency receives additional financial information within 30 days of service of the complaint and proposed judgment on the defendant and the additional information would result in a support order that is different from the amount in the proposed judgment, the local child support agency shall file a declaration setting forth the additional information and an amended proposed judgment. The declaration and amended proposed judgment shall be served on the defendant in compliance with Section 1013 of the Code of Civil Procedure or otherwise as provided by law. The defendant’s time to answer or otherwise appear shall be extended to 30 days from the date of service of the declaration and amended proposed judgment.
(d) Upon entry of the judgment, the clerk of the court shall provide a conformed copy of the judgment to the local child support agency. The local child support agency shall mail by first-class mail, postage prepaid, a notice of entry of judgment by default and a copy of the judgment to the defendant to the address where the summons and complaint were served and last known address if different from that address.
(e) This section shall become inoperative on January 1, 2026, and, as of January 1, 2027, is repealed.
(Amended by Stats. 2023, Ch. 213, Sec. 18. (SB 343) Effective January 1, 2024. Inoperative January 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 19 of Stats. 2023, Ch. 213.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17432.5.

17432.5. No later than September 1, 2024, the Judicial Council shall adopt and approve any forms necessary to implement Sections 17400, 17404.1, 17430, and 17432 as added by the act that added this section. Forms adopted pursuant to this section shall have an effective date of January 1, 2026.
(Added by Stats. 2023, Ch. 213, Sec. 22. (SB 343) Effective January 1, 2024.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17433.

17433. In an action in which a judgment or order for support was entered after the entry of the default of the defendant under Section 17430, the court shall relieve the defendant from that judgment or order if the defendant establishes that the defendant was mistakenly identified in the order or in any subsequent documents or proceedings as the person having an obligation to provide support. The defendant shall also be entitled to the remedies specified in subdivisions (d) and (e) of Section 17530 with respect to any actions taken to enforce that judgment or order. This section is only intended to apply where an order has been entered against a person who is not the support obligor named in the judgment or order.
(Amended by Stats. 2019, Ch. 115, Sec. 152. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17433.5.

17433.5. In any action enforced pursuant to this article, no interest shall accrue on an obligation for current child, spousal, family, or medical support due in a given month until the first day of the following month.
(Added by Stats. 2006, Ch. 75, Sec. 7. Effective July 12, 2006.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1 - Support Obligations › Section 17440.

17440. (a) The Department of Child Support Services shall work with all branches of the United States military and the National Guard to ensure that information is made available regarding the rights and abilities of activated service members to have their support orders modified based on a change in income resulting from their activation, or other change of circumstance affecting the child support calculation, or to have a portion of their child support arrearages compromised pursuant to Section 17560.
(b) No later than 90 days after the effective date of this section, the department shall develop a form for completion by the service member that will allow the local child support agency to proceed with a motion for modification without the service member being required to appear. The form shall contain only the information necessary for the local child support agency to proceed with the motion.
(c) Within five business days of receipt of a properly completed form, the local child support agency shall bring a motion to modify the support order. The local child support agency shall bring the motion if the change in circumstances would result in any change in the dollar amount of the support order.
(d) The department shall work with the United States military to have this form and the form developed pursuant to Section 3651 distributed at all mobilization stations or other appropriate locations to ensure timely notification to all activated personnel of their rights and responsibilities.
(Added by Stats. 2005, Ch. 154, Sec. 4. Effective August 30, 2005.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1.5 - Delinquent Child Support Obligations and Financial Institution Data Match › Section 17452.

17452. (a) Subject to state and federal privacy and information security laws, the Franchise Tax Board shall make tax return information available to the department, upon request, for the purpose of collecting child support delinquencies referred to the department.
(b) For purposes of this article, the Franchise Tax Board shall incur no obligation or liability to any person arising from any of the following:
(1) Furnishing information to the department as required by this section.
(2) Failing to disclose to a taxpayer or accountholder that the name, address, social security number, or other taxpayer identification number or other identifying information of that person was included in the data exchange with the department required by this section.
(3) Any other action taken in good faith to comply with the requirements of this section.
(c) It is the intent of the Legislature that any provision of income tax return information by the Franchise Tax Board to the department pursuant to this article shall be done in accordance with the privacy and confidential information laws of this state and of the United States, and to the satisfaction of the Franchise Tax Board.
(Added by Stats. 2004, Ch. 806, Sec. 6. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1.5 - Delinquent Child Support Obligations and Financial Institution Data Match › Section 17454.

17454. (a) At least 45 days before sending a notice to withhold, the department shall request that a depository institution provide the department with a designated address for receiving notices to withhold.
(b) Once the depository institution has specified a designated address pursuant to subdivision (a), the department shall send all notices to that address unless the depository institution provides notification of another address. The department shall send all notices to withhold to a new designated address 30 days after notification.
(c) If a notice to withhold is mailed to the branch where the account is located or principal banking office, the depository institution shall be liable for a failure to withhold only to the extent that the accounts can be identified in information normally maintained at that location in the ordinary course of business.
(d) The department may by notice, served by magnetic media, electronic transmission, or other electronic technology, require any depository institution, as defined in the Federal Reserve Act (12 U.S.C.A. Sec. 461 (b)(1)(A)), that the department, in its sole discretion, has reason to believe may have in its possession, or under its control, any credits or other personal property or other things of value, belonging to a child support obligor, to withhold, from the credits or other personal property or other things of value, the amount of any child support delinquency, and interest, due from an obligor and transmit that amount withheld to the department at the times that it may designate, but not less than 10 business days from receipt of the notice. The notice shall state the amount due from the obligor and shall be delivered or transmitted to the branch or office reported pursuant to subdivision (a), or other address designated by that depository institution for purposes of the department serving notice by magnetic media, electronic transmission, or other electronic technology.
(e) For purposes of this section, the term “address” shall include telephone or modem number, facsimile number, or any other number designated by the depository institution to receive data by electronic means.
(Added by Stats. 2004, Ch. 806, Sec. 6. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1.5 - Delinquent Child Support Obligations and Financial Institution Data Match › Section 17456.

17456. (a) Any person required to withhold and transmit any amount pursuant to this article shall comply with the requirement without resort to any legal or equitable action in a court of law or equity. Any person paying to the department any amount required by it to be withheld is not liable therefore to the person from whom withheld unless the amount withheld is refunded to the withholding agent. However, if a depository institution, as defined in the Federal Reserve Act (12 U.S.C.A. Sec. 461(b)(1)(A)) withholds and pays to the department pursuant to this article any moneys held in a deposit account in which the delinquent obligor and another person or persons have an interest, or in an account held in the name of a third party or parties in which the delinquent obligor is ultimately determined to have no interest, the depository institution paying those moneys to the department is not liable therefore to any of the persons who have an interest in the account, unless the amount withheld is refunded to the withholding agent.
(b) In the case of a deposit account or accounts for which this notice to withhold applies, the depository institution shall send a notice by first-class mail to each person named on the account or accounts included in the notice from the department, provided that a current address for each person is available to the institution. This notice shall inform each person as to the reason for the hold placed on the account or accounts, the amount subject to being withheld, and the date by which this amount is to be remitted to the department. An institution may assess the account or accounts of each person receiving this notice a reasonable service charge not to exceed three dollars ($3).
(Added by Stats. 2004, Ch. 806, Sec. 6. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 1.5 - Delinquent Child Support Obligations and Financial Institution Data Match › Section 17460.

17460. (a) As necessary, the department shall seek reciprocal agreements with other states to improve its ability to collect child support payments from out-of-state obligated parents on behalf of custodial parents residing in California. The department may pursue agreements with the Internal Revenue Service, as permitted by federal law, to improve collections of child support delinquencies from out-of-state obligated parents through cooperative agreements with the service.
(b) The California Child Support Enforcement System shall, for purposes of this article, include the capacity to interface and exchange information, if feasible, with the Internal Revenue Service, to enable the immediate reporting and tracking of obligated parent information.
(c) The department shall enter into any interagency agreements that are necessary for the implementation of this article. State departments and boards shall cooperate with the department to the extent necessary for the implementation of this article. Out of any money received from the federal government for the purpose of reimbursing state departments and boards for their actual and reasonable costs incurred in complying with this section, the department shall reimburse those departments and boards. To the extent that money is not provided by the federal government for that purpose, and subject to the annual Budget Act, the state shall fund departments and boards for their costs in complying with this section.
(Amended by Stats. 2016, Ch. 474, Sec. 18. (AB 2882) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17500.

17500. (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.
(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(c) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, “child support delinquency” means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).
(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.
(Amended by Stats. 2004, Ch. 806, Sec. 4. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17502.

17502. A local child support agency that is collecting child support payments on behalf of a child and who is unable to deliver the payments to the obligee because the local child support agency is unable to locate the obligee shall make all reasonable efforts to locate the obligee for a period of six months. If the local child support agency is unable to locate the obligee within the six-month period, it shall return the undeliverable payments to the obligor, with written notice advising the obligor that (a) the return of the funds does not relieve the obligor of the support order, and (b) the obligor should consider placing the funds aside for purposes of child support in case the obligee appears and seeks collection of the undistributed amounts. No interest shall accrue on any past-due child support amount for which the obligor made payment to the local child support agency for six consecutive months, or on any amounts due thereafter until the obligee is located, provided that the local child support agency returned the funds to the obligor because the local child support agency was unable to locate the obligee and, when the obligee was located, the obligor made full payment for all past-due child support amounts.
(Amended by Stats. 2004, Ch. 806, Sec. 5. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17504.

17504. (a) The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month shall be paid to a recipient of aid under Article 2 (commencing with Section 11250) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, except recipients of foster care payments under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be considered income or resources of the recipient family, and shall not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county shall ensure that payments are made to recipients as required by this section.
(b) This section shall become inoperative on January 1, 2022, or when the State Department of Social Services and the Department of Child Support Services notify the Legislature that the Statewide Automated Welfare System and the Child Support Enforcement System can perform the necessary automation to implement this section, as amended by the act that added this subdivision, whichever date is later, and as of that date, or, if this section becomes inoperative on a date other than January 1, 2022, on January 1 of the following year, is repealed.
(c) The State Department of Social Services shall issue an all-county letter or similar instruction no later than September 1, 2020, to facilitate automation changes necessary to implement this section and Section 17504, as added by Section 2 of the act that added this subdivision.
(Amended by Stats. 2020, Ch. 11, Sec. 1. (AB 79) Effective June 29, 2020. Inoperative on or after January 1, 2022, as prescribed by its own provisions. Repealed as of January 1, 2022, or a later January 1, pursuant to its own provisions. See later operative version added by Sec. 2 of Stats. 2020, Ch. 11.)