reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 5 - Civil Penalty for Child Support Delinquency › Section 4725.

4725. If the child support owed, or any arrearages, interest, or penalty, remains unpaid more than 30 days after serving the notice of delinquency, the support obligee may file a motion to obtain a judgment for the amount owed, which shall be enforceable in any manner provided by law for the enforcement of judgments.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 5 - Civil Penalty for Child Support Delinquency › Section 4726.

4726. No penalties may be imposed pursuant to this chapter if, in the discretion of the court, all of the following conditions are met:
(a) Within a timely fashion after service of the notice of delinquency, the support obligor files and serves a motion to determine arrearages and to show cause why the penalties provided in this chapter should not be imposed.
(b) At the hearing on the motion filed by the support obligor, the court finds that the support obligor has proved any of the following:
(1) The child support payments were not 30 days in arrears as of the date of service of the notice of delinquency and are not in arrears as of the date of the hearing.
(2) The support obligor suffered serious illness, disability, or unemployment which substantially impaired the ability of the support obligor to comply fully with the support order and the support obligor has made every possible effort to comply with the support order.
(3) The support obligor is a public employee and for reasons relating to fiscal difficulties of the employing entity the obligor has not received a paycheck for 30 or more days.
(4) It would not be in the interests of justice to impose a penalty.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 5 - Civil Penalty for Child Support Delinquency › Section 4727.

4727. Any penalty due under this chapter shall not be greater than 6 percent per month of the original amount of support arrearages or support installment, nor may the penalties on any arrearage amount or support installment exceed 72 percent of the original amount due, regardless of whether or not the installments have been listed on more than one notice of delinquency.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 5 - Civil Penalty for Child Support Delinquency › Section 4728.

4728. Penalties due pursuant to this chapter may be enforced by the issuance of a writ of execution in the same manner as a writ of execution may be issued for unpaid installments of child support, as described in Chapter 7 (commencing with Section 5100), except that payment of penalties under this chapter may not take priority over payment of arrearages or current support.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 5 - Civil Penalty for Child Support Delinquency › Section 4729.

4729. The local child support agency or any other agency providing support enforcement services pursuant to Title IV-D of the federal Social Security Act may not enforce child support obligations utilizing the penalties provided for by this chapter.
(Amended by Stats. 2000, Ch. 808, Sec. 50. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 5 - Civil Penalty for Child Support Delinquency › Section 4730.

4730. At any hearing to set or modify the amount payable for the support of a child, the court shall not consider any penalties imposed under this chapter in determining the amount of current support to be paid.
(Amended by Stats. 1993, Ch. 219, Sec. 149. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 5 - Civil Penalty for Child Support Delinquency › Section 4731.

4731. A subsequent notice of delinquency may be served and filed at any time. The subsequent notice shall indicate those child support arrearages and ongoing installments that have been listed on a previous notice.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 5 - Civil Penalty for Child Support Delinquency › Section 4732.

4732. The Judicial Council shall adopt forms or notices for the use of the procedures provided by this chapter.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 5 - Civil Penalty for Child Support Delinquency › Section 4733.

4733. Penalties collected pursuant to this chapter shall be paid to the custodian of the child who is the subject of the child support judgment or order, whether or not the child is a recipient of public assistance.
(Added by Stats. 1993, Ch. 219, Sec. 150. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 7 - Enforcement by Writ of Execution › Section 5100.

5100. Notwithstanding Section 290, a child, family, or spousal support order may be enforced by a writ of execution or a notice of levy pursuant to Section 706.030 of the Code of Civil Procedure or Section 17522 of this code without prior court approval.
(Amended by Stats. 2000, Ch. 808, Sec. 54. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 7 - Enforcement by Writ of Execution › Section 5103.

5103. (a) Notwithstanding Section 2060, an order for the payment of child, family, or spousal support may be enforced against an employee benefit plan regardless of whether the plan has been joined as a party to the proceeding in which the support order was obtained.
(b) Notwithstanding Section 697.710 of the Code of Civil Procedure, an execution lien created by a levy on the judgment debtor’s right to payment of benefits from an employee benefit plan to enforce an order for the payment of child, family, or spousal support continues until the date the plan has withheld and paid over to the levying officer, as provided in Section 701.010 of the Code of Civil Procedure, the full amount specified in the notice of levy, unless the plan is directed to stop withholding and paying over before that time by court order or by the levying officer.
(c) A writ of execution pursuant to which a levy is made on the judgment debtor’s right to payment of benefits from an employee benefit plan under an order for the payment of child, family, or spousal support shall be returned not later than one year after the date the execution lien expires under subdivision (b).
(Amended by Stats. 1994, Ch. 1269, Sec. 50. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 7 - Enforcement by Writ of Execution › Section 5104.

5104. (a) The application for a writ of execution shall be accompanied by an affidavit stating the total amount due and unpaid that is authorized to be enforced pursuant to Sections 5100 to 5103, inclusive, on the date of the application.
(b) If interest on the overdue installments is sought, the affidavit shall state the total amount of the interest and the amount of each due and unpaid installment and the date it became due.
(c) The affidavit shall be filed in the action and a copy shall be attached to the writ of execution delivered to the levying officer. The levying officer shall serve the copy of the affidavit on the judgment debtor when the writ of execution is first served on the judgment debtor pursuant to a levy under the writ.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 1 - Definitions › Section 5200.

5200. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 1 - Definitions › Section 5201.

5201. “Arrearage” or “arrearages” is the amount necessary to satisfy a support judgment or order pursuant to Section 695.210 of the Code of Civil Procedure.
(Added by Stats. 1997, Ch. 599, Sec. 21. Effective January 1, 1998.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 1 - Definitions › Section 5202.

5202. “Assignment order” has the same meaning as “earnings assignment order for support.”
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 1 - Definitions › Section 5204.

5204. “Due date of support payments” is the date specifically stated in the order of support or, if no date is stated in the support order, the last day of the month in which the support payment is to be paid.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 1 - Definitions › Section 5206.

5206. “Earnings,” to the extent that they are subject to an earnings assignment order for support under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, include:
(a) Wages, salary, bonus, money, and benefits described in Sections 704.110, 704.113, and 704.115 of the Code of Civil Procedure.
(b) Payments due for services of independent contractors, interest, dividends, rents, royalties, residuals, patent rights, or mineral or other natural resource rights.
(c) Payments or credits due or becoming due as a result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus, or otherwise.
(d) Payments due for workers’ compensation temporary disability benefits.
(e) Payments due as a result of disability from benefits described in Section 704.130 of the Code of Civil Procedure.
(f) Any other payments or credits due or becoming due, regardless of source.
(Amended by Stats. 1997, Ch. 599, Sec. 22. Effective January 1, 1998.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 1 - Definitions › Section 5208.

5208. (a) “Earnings assignment order for support” means an order that assigns to an obligee a portion of the earnings of a support obligor due or to become due in the future.
(b) Commencing January 1, 2000, all earnings assignment orders for support in any action in which child support or family support is ordered shall be issued on an “order/notice to withhold income for child support” mandated by Section 666 of Title 42 of the United States Code.
(Amended by Stats. 1999, Ch. 480, Sec. 1. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 1 - Definitions › Section 5210.

5210. “Employer” includes all of the following:
(a) A person for whom an individual performs services as an employee, as defined in Section 706.011 of the Code of Civil Procedure.
(b) The United States government and any public entity as defined in Section 811.2 of the Government Code.
(c) Any person or entity paying earnings as defined under Section 5206.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 1 - Definitions › Section 5212.

5212. “IV-D Case” means any case being established, modified, or enforced by the local child support agency pursuant to Section 654 of Title 42 of the United States Code (Section 454 of the Social Security Act).
(Amended by Stats. 1999, Ch. 480, Sec. 2. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 1 - Definitions › Section 5214.

5214. “Obligee” or “assigned obligee” means either the person to whom support has been ordered to be paid, the local child support agency, or other person designated by the court to receive the payment. The local child support agency is the obligee for all Title IV-D cases as defined under Section 5212 or in which an application for services has been filed under Part D (commencing with Section 651) and Part E (commencing with Section 670) of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Title IV-D or IV-E of the Social Security Act).
(Amended by Stats. 2001, Ch. 755, Sec. 7. Effective October 12, 2001.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 1 - Definitions › Section 5216.

5216. “Obligor” means a person owing a duty of support.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 1 - Definitions › Section 5220.

5220. “Timely payment” means receipt of support payments by the obligee or assigned obligee within five days of the due date.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5230.

5230. (a) When the court orders a party to pay an amount for support or orders a modification of the amount of support to be paid, the court shall include in its order an earnings assignment order for support that orders the employer of the obligor to pay to the obligee that portion of the obligor’s earnings due or to become due in the future as will be sufficient to pay an amount to cover both of the following:
(1) The amount ordered by the court for support.
(2) An amount which shall be ordered by the court to be paid toward the liquidation of any arrearage.
(b) An earnings assignment order for support shall be issued, and shall be effective and enforceable pursuant to Section 5231, notwithstanding the absence of the name, address, or other identifying information regarding the obligor’s employer.
(Amended by Stats. 2000, Ch. 808, Sec. 57.3. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5230.1.

5230.1. (a) An earnings assignment or income withholding order for support issued by a court or administrative agency of another state is binding upon an employer of the obligor to the same extent as an earnings assignment order made by a court of this state.
(b) When an employer receives an earnings assignment order or an income withholding order for support from a court or administrative agency in another state, all of the provisions of this chapter shall apply.
(Added by Stats. 1997, Ch. 599, Sec. 24. Effective January 1, 1998.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5230.5.

5230.5. Any obligee alleging arrearages in child support shall specify the amount thereof under penalty of perjury.
(Added by Stats. 1994, Ch. 1140, Sec. 2. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5231.

5231. Unless stayed pursuant to Article 4 (commencing with Section 5260), an assignment order is effective and binding upon any existing or future employer of the obligor upon whom a copy of the order is served in compliance with Sections 5232 and 5233, notwithstanding the absence of the name, address, or other identifying information regarding the obligor’s employer, or the inclusion of incorrect information regarding the support obligor’s employer.
(Amended by Stats. 2000, Ch. 808, Sec. 57.5. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5232.

5232. Service on an employer of an assignment order may be made by first-class mail in the manner prescribed in Section 1013 of the Code of Civil Procedure. The obligee shall serve the documents specified in Section 5234.
(Amended by Stats. 1997, Ch. 599, Sec. 25. Effective January 1, 1998.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5233.

5233. Unless the order states a later date, beginning as soon as possible after service of the order on the employer but not later than 10 days after service of the order on the employer, the employer shall commence withholding pursuant to the assignment order from all earnings payable to the employee.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5234.

5234. Within 10 days of service of an assignment order or an order/notice to withhold income for child support on an employer, the employer shall deliver both of the following to the obligor:
(a) A copy of the assignment order or the order/notice to withhold income for child support.
(b) A written statement of the obligor’s rights under the law to seek to quash, modify, or stay service of the earnings assignment order, together with a blank form that the obligor can file with the court to request a hearing to quash, modify, or stay service of the earnings assignment order with instructions on how to file the form and obtain a hearing date.
(Amended by Stats. 1999, Ch. 480, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5235.

5235. (a) The employer shall continue to withhold and forward support as required by the assignment order until served with notice terminating the assignment order. If an employer withholds support as required by the assignment order, the obligor shall not be held in contempt or subject to criminal prosecution for nonpayment of the support that was withheld by the employer but not received by the obligee. If the employer withheld the support but failed to forward the payments to the obligee, the employer shall be liable for the payments, including interest, as provided in Section 5241.
(b) Within 10 days of service of a substitution of payee on the employer, the employer shall forward all subsequent support to the governmental entity or other payee that sent the substitution.
(c) The employer shall send the amounts withheld to the obligee within the timeframe specified in federal law and shall report to the obligee the date on which the amount was withheld from the obligor’s wages.
(d) The employer may deduct from the earnings of the employee the sum of one dollar and fifty cents ($1.50) for each payment made pursuant to the order.
(e) Once the State Disbursement Unit as required by Section 17309 is operational, the employer shall send all earnings withheld pursuant to this chapter to the State Disbursement Unit instead of the obligee.
(Amended by Stats. 2004, Ch. 520, Sec. 3. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5236.

5236. The state agency or the local agency, designated to enforce support obligations as required by federal law, shall allow employers to simplify the process of assignment order withholding by forwarding, as ordered by the court, the amounts of support withheld under more than one order in a consolidated check, accompanied by an itemized accounting providing names, social security number or other identifying number, and the amount attributable to each obligor.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5237.

5237. (a) Except as provided in subdivisions (b) and (c), the obligee shall notify the employer of the obligor, by first-class mail, postage prepaid, of any change of address within a reasonable period of time after the change.
(b) Where payments have been ordered to be made to a county officer designated by the court, the obligee who is the parent, guardian, or other person entitled to receive payment through the designated county officer shall notify the designated county officer by first-class mail, postage prepaid, of any address change within a reasonable period of time after the change.
(c) If the obligee is receiving support payments from the State Disbursement Unit as required by Section 17309, the obligee shall notify the State Disbursement Unit instead of the employer of the obligor as provided in subdivision (a).
(d) (1) Except as set forth in paragraph (2), if the employer, designated county officer, or the State Disbursement Unit is unable to deliver payments under the assignment order for a period of six months due to the failure of the obligee to notify the employer, designated county officer, or State Disbursement Unit, of a change of address, the employer, designated county officer, or State Disbursement Unit shall not make any further payments under the assignment order and shall return all undeliverable payments to the obligor.
(2) If payments are being directed to the State Disbursement Unit pursuant to subdivision (e) of Section 5235, but the case is not otherwise receiving services from the Title IV-D agency, and the State Disbursement Unit is unable to deliver payments under the assignment order for a period of 45 days due to the failure of the obligee to notify the employer, designated county officer, or State Disbursement Unit of a change of address, the Title IV-D agency shall take the following actions:
(A) Immediately return the undeliverable payments to the obligor if the obligee cannot be located.
(B) Notify the employer to suspend withholding pursuant to the wage assignment until the employer or Title IV-D agency is notified of the obligee’s whereabouts.
(Amended by Stats. 2004, Ch. 806, Sec. 1. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5238.

5238. (a) Where an assignment order or assignment orders include both current support and payments towards the liquidation of arrearages, priority shall be given first to the current child support obligation, then the current spousal support obligation, and thereafter to the liquidation of child and then spousal support arrearages.
(b) Where there are multiple assignment orders for the same employee, the employer shall prorate the withheld payments as follows:
(1) If the obligor has more than one assignment for support, the employer shall add together the amount of support due for each assignment.
(2) If 50 percent of the obligor’s net disposable earnings will not pay in full all of the assignments for support, the employer shall prorate it first among all of the current support assignments in the same proportion that each assignment bears to the total current support owed.
(3) The employer shall apply any remainder to the assignments for arrearage support in the same proportion that each assignment bears to the total arrearage owed.
(Amended by Stats. 1997, Ch. 599, Sec. 29. Effective January 1, 1998.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5239.

5239. Arrearages of support payments shall be computed on the basis of the payments owed and unpaid on the date that the obligor has been given notice of the assignment order as required by Section 5234.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5240.

5240. (a) Upon the filing and service of a motion and a notice of motion by the obligor, the court shall terminate the service of an assignment order if past due support has been paid in full, including any interest due, and if any of the following conditions exist:
(1) With regard to orders for spousal support, the death or remarriage of the spouse to whom support is owed.
(2) With regard to orders for child support, the death or emancipation of the child for whom support is owed.
(3) The court determines that there is good cause, as defined in Section 5260, to terminate the assignment order. This subdivision does not apply if there has been more than one application for an assignment order.
(4) The obligor meets the conditions of an alternative arrangement specified in paragraph (2) of subdivision (b) of Section 5260, and a wage assignment has not been previously terminated and subsequently initiated.
(5) There is no longer a current order for support.
(6) The termination of the stay of an assignment order under Section 5261 was improper, but only if that termination was based upon the obligor’s failure to make timely support payments as described in subdivision (b) of Section 5261.
(7) The employer or agency designated to provide services under Title IV-D of the Social Security Act or the State Disbursement Unit is unable to deliver payment for a period of six months due to the failure of the obligee to notify that employer or agency or the State Disbursement Unit of a change in the obligee’s address.
(b) In lieu of filing and serving a motion and a notice of motion pursuant to subdivision (a), an obligor may request ex parte relief, except ex parte relief shall not be available in the circumstances described in paragraphs (3) and (4) of subdivision (a).
(Amended by Stats. 2012, Ch. 77, Sec. 1. (AB 1727) Effective January 1, 2013.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5242.

5242. Service of the assignment order creates a lien on the earnings of the employee and the property of the employer to the same extent as the service of an earnings withholding order as provided in Section 706.029 of the Code of Civil Procedure.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5243.

5243. An assignment order for support has priority as against any attachment, execution, or other assignment as specified in Section 706.031 of the Code of Civil Procedure.
(Amended by Stats. 1993, Ch. 876, Sec. 26. Effective October 6, 1993. Operative January 1, 1994, by Sec. 37 of Ch. 876.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5244.

5244. A reference to the local child support agency in this chapter applies only when the local child support agency is otherwise ordered or required to act pursuant to law. Nothing in this chapter shall be deemed to mandate additional enforcement or collection duties upon the local child support agency beyond those otherwise imposed by law.
(Amended by Stats. 2000, Ch. 808, Sec. 61. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5245.

5245. Nothing in this chapter limits the authority of the local child support agency to use any other civil and criminal remedies to enforce support obligations, regardless of whether or not the child or the obligee who is the parent, guardian, or other person entitled to receive payment is the recipient of welfare moneys.
(Amended by Stats. 2000, Ch. 808, Sec. 62. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 2 - General Provisions › Section 5247.

5247. Neither the local child support agency nor an employer shall be subject to any civil liability for any amount withheld and paid to the obligee, the local child support agency, or the State Disbursement Unit pursuant to an earnings assignment order or notice of assignment.
(Amended by Stats. 2003, Ch. 387, Sec. 8. Effective January 1, 2004.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 3 - Support Orders Issued or Modified Before July 1, 1990 › Section 5250.

5250. For a support order first issued or modified before July 1, 1990, this article provides a procedure for obtaining an earnings assignment order for support when the court in ordering support or modification of support did not issue an assignment order.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 3 - Support Orders Issued or Modified Before July 1, 1990 › Section 5251.

5251. The obligee seeking issuance of an assignment order to enforce a support order described in Section 5250 may use the procedure set forth in this article by filing an application under Section 5252, or by notice of motion or order to show cause, or pursuant to subdivision (b) of Section 5230.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 3 - Support Orders Issued or Modified Before July 1, 1990 › Section 5252.

5252. (a) An assignment order under this article may be issued only upon an application signed under penalty of perjury by the obligee that the obligor is in default in support payments in a sum equal to the amount of support payable for one month, for any other occurrence specified by the court in the support order, or earlier by court order if requested by the local child support agency or the obligor.
(b) If the order for support does not contain a provision for an earnings assignment order for support, the application shall state that the obligee has given the obligor a written notice of the obligee’s intent to seek an assignment order if there is a default in support payments 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. The written notice of the intent to seek an assignment order may be given at any time, including at the time of filing a petition or complaint in which support is requested or at any time subsequent thereto. The obligor may at any time waive the written notice required by this subdivision.
(c) In addition to any other penalty provided by law, the filing of the application with knowledge of the falsity of the declaration or notice is punishable as a contempt pursuant to Section 1209 of the Code of Civil Procedure.
(Amended by Stats. 2000, Ch. 808, Sec. 64. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 3 - Support Orders Issued or Modified Before July 1, 1990 › Section 5253.

5253. Upon receipt of the application, the court shall issue, without notice to the obligor, an assignment order requiring the employer of the obligor to pay to the obligee or the State Disbursement Unit that portion of the earnings of the obligor due or to become due in the future as will be sufficient to pay an amount to cover both of the following:
(a) The amount ordered by the court for support.
(b) An amount which shall be ordered by the court to be paid toward the liquidation of any arrearage or past due support amount.
(Amended by Stats. 2003, Ch. 387, Sec. 9. Effective January 1, 2004.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 4 - Stay of Service of Assignment Order › Section 5260.

5260. (a) The court may order that service of the assignment order be stayed only if the court makes a finding of good cause or if an alternative arrangement exists for payment in accordance with paragraph (2) of subdivision (b). Notwithstanding any other provision of law, service of wage assignments issued for foreign orders for support, and service of foreign orders for the assignment of wages registered pursuant to Chapter 6 (commencing with Section 5700.601) of Part 6 shall not be stayed pursuant to this subdivision.
(b) For purposes of this section, good cause or an alternative arrangement for staying an assignment order is as follows:
(1) Good cause for staying a wage assignment exists only when all of the following conditions exist:
(A) The court provides a written explanation of why the stay of the wage assignment would be in the best interests of the child.
(B) The obligor has a history of uninterrupted, full, and timely payment, other than through a wage assignment or other mandatory process of previously ordered support, during the previous 12 months.
(C) The obligor does not owe an arrearage for prior support.
(D) The obligor proves, and the court finds, by clear and convincing evidence that service of the wage assignment would cause extraordinary hardship upon the obligor. Whenever possible, the court shall specify a date that any stay ordered under this section will automatically terminate.
(2) An alternative arrangement for staying a wage assignment order shall require a written agreement between the parties that provides for payment of the support obligation as ordered other than through the immediate service of a wage assignment. Any agreement between the parties which includes the staying of a service of a wage assignment shall include the concurrence of the local child support agency in any case in which support is ordered to be paid through a county officer designated for that purpose. The execution of an agreement pursuant to this paragraph shall not preclude a party from thereafter seeking a wage assignment in accordance with the procedures specified in Section 5261 upon violation of the agreement.
(Amended by Stats. 2015, Ch. 493, Sec. 3. (SB 646) Effective January 1, 2016.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 4 - Stay of Service of Assignment Order › Section 5261.

5261. (a) If service of the assignment order has been ordered stayed, the stay shall terminate pursuant to subdivision (b) upon the obligor’s failure to make timely support payments or earlier by court order if requested by the local child support agency or by the obligor. The stay shall terminate earlier by court order if requested by any other obligee who can establish that good cause, as defined in Section 5260, no longer exists.
(b) To terminate a stay of the service of the assignment order, the obligee shall file a declaration signed under penalty of perjury by the obligee that the obligor is in arrears in payment of any portion of the support. At the time of filing the declaration, the stay shall terminate by operation of law without notice to the obligor.
(c) In addition to any other penalty provided by law, the filing of a declaration under subdivision (b) with knowledge of the falsity of its contents is punishable as a contempt pursuant to Section 1209 of the Code of Civil Procedure.
(Amended by Stats. 2000, Ch. 808, Sec. 66. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 5 - Motion to Quash Assignment Order › Section 5270.

5270. (a) An obligor may move to quash an assignment order on any of the following grounds:
(1) The assignment order does not correctly state the amount of current or overdue support ordered by the courts.
(2) The alleged obligor is not the obligor from whom support is due.
(3) The amount to be withheld exceeds that allowable under federal law in subsection (b) of Section 1673 of Title 15 of the United States Code.
(b) If an assignment order is sought under Article 3 (commencing with Section 5250), the party ordered to pay support may also move to quash the service of the order based upon Section 5260.
(c) The obligor shall state under oath the ground on which the motion to quash is made.
(d) If an assignment order which has been issued and served on a prior employer is served on the obligor’s new employer, the obligor does not have the right to move to quash the assignment order on any grounds which the obligor previously raised when the assignment order was served on the prior employer or on any grounds which the obligor could have raised when the assignment order was served on the prior employer but failed to raise.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 5 - Motion to Quash Assignment Order › Section 5271.

5271. (a) The motion and notice of motion to quash the assignment order shall be filed with the court issuing the order within 10 days after delivery of the copy of the assignment order to the obligor by the employer.
(b) The clerk of the court shall set the motion to quash for hearing within not less than 15 days, nor more than 20 days, after receipt of the notice of motion.
(c) The obligor shall serve personally or by first-class mail, postage prepaid, a copy of the motion and notice of motion on the obligee named in the assignment order no less than 10 days before the date of the hearing.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 5 - Motion to Quash Assignment Order › Section 5272.

5272. A finding of error in the amount of the current support or arrearage or that the amount exceeds federal or state limits is not grounds to vacate the assignment order. The court shall modify the order to reflect the correct or allowable amount of support or arrearages. The fact that the obligor may have subsequently paid the arrearages does not relieve the court of its duty to enter the assignment order.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 6 - Information Concerning Address and Employment of Obligor › Section 5280.

5280. If the obligee making the application under this chapter also states that the whereabouts of the obligor or the identity of the obligor’s employer is unknown to the party to whom support has been ordered to be paid, the local child support agency shall do both of the following:
(a) Contact the California parent locator service maintained by the Department of Justice in the manner prescribed in Section 17506.
(b) Upon receiving the requested information, notify the court of the last known address of the obligor and the name and address of the obligor’s last known employer.
(Amended by Stats. 2000, Ch. 808, Sec. 67. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 6 - Information Concerning Address and Employment of Obligor › Section 5281.

5281. An assignment order required or authorized by this chapter shall include a requirement that the obligor notify the obligee of any change of employment and of the name and address of the obligor’s new employer within 10 days of obtaining new employment.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 6 - Information Concerning Address and Employment of Obligor › Section 5282.

5282. After the obligor has left employment with the employer, the employer, at the time the next payment is due on the assignment order, shall notify the obligee designated in the assignment order by first-class mail, postage prepaid, to the last known address of the obligee that the obligor has left employment.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 7 - Prohibited Practices › Section 5290.

5290. No employer shall use an assignment order authorized by this chapter as grounds for refusing to hire a person, or for discharging, taking disciplinary action against, denying a promotion to, or for taking any other action adversely affecting the terms and conditions of employment of, an employee. An employer who engages in the conduct prohibited by this section may be assessed a civil penalty of a maximum of five hundred dollars ($500).
(Amended by Stats. 2004, Ch. 369, Sec. 1. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 8 - Judicial Council Forms › Section 5295.

5295. The Judicial Council shall prescribe forms necessary to carry out the requirements of this chapter, including the following:
(a) The written statement of the obligor’s rights.
(b) The earnings assignment order for support.
(c) The instruction guide for obligees and obligors.
(d) The application forms required under Sections 5230, 5252, and 5261.
(e) The notice form required under Section 5252.
(f) Revised judgment and assignment order forms as necessary.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 9 - Intercounty Support Obligations › Section 5600.

5600. (a) A local child support agency or obligee may register an order for support or earnings withholding, or both, obtained in another county of the state.
(b) An obligee may register a support order in the court of another county of this state in the manner, with the effect, and for the purposes provided in this part. The orders may be registered in any county in which the obligor, the obligee, or the child who is the subject of the order resides, or in any county in which the obligor has income, assets, or any other property.
(Amended by Stats. 2000, Ch. 808, Sec. 68. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 5 - ENFORCEMENT OF SUPPORT ORDERS › CHAPTER 8 - Earnings Assignment Order › ARTICLE 9 - Intercounty Support Obligations › Section 5602.

5602. (a) An obligee other than the local child support agency may register an order issued in this state using the same procedures specified in subdivision (a) of Section 5601, except that the obligee shall prepare and file the statement of registration. The statement shall be verified and signed by the obligee showing the mailing address of the obligee, the last known place of residence or mailing address of the obligor, and a list of other states and counties in California in which, to the obligee’s knowledge, the original order of support and any modifications are registered.
(b) Upon receipt of the documents described in subdivision (a) of Section 5601, the clerk of the court shall file them without payment of a filing fee or other cost to the obligee. The filing constitutes registration under this chapter.
(c) Promptly upon registration, the clerk of the court shall send, by any form of mail requiring a return receipt from the addressee only, to the obligor at the address given a notice of the registration with a copy of the registered support order and the post office address of the obligee. Proof shall be made to the satisfaction of the court that the obligor personally received the notice of registration by mail or other method of service. A return receipt signed by the obligor shall be satisfactory evidence of personal receipt.
(Amended by Stats. 2000, Ch. 808, Sec. 70. Effective September 28, 2000.)