reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 5 - Review and Adjustment of Child Support Orders › Section 115510 - Processing a Review for Adjustment of a Support Order - Request by a Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the local
				child support agency becomes aware, during communication with a party to a child
				support order with a current support obligation, that a change in circumstance
				pursuant to Section
				115520 appears to exist, the local
				child support agency shall ask if the party wants the local child support agency to
				review the case and, if appropriate pursuant to Section
				115535, seek an adjustment. The local
				child support agency shall:
(1) Immediately make a
				verbal inquiry if the local child support agency becomes aware of an apparent change
				in circumstance during verbal communication with a party.
(2) Make a verbal or written inquiry within 15
				business days of becoming aware of an apparent change in circumstance by written
				communication from a party.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 5 - Review and Adjustment of Child Support Orders › Section 115520 - Changes in Circumstances - Review Requested by a Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any of the following changes in circumstances
				or combination of changes in circumstances shall be considered a basis for a review
				for adjustment. Changes in circumstances may include:
(1) A change in the obligee or obligor's
				employment status or income.
(2) A
				change in parenting time or custody. A court order showing a change in parenting
				time shall be prima facie evidence of a change in the parenting time.
(3) A change in additional child support costs or
				expenses incurred related to the following:
(A)
				Child care costs related to employment or reasonably necessary education or training
				for employment skills.
(B) Reasonable
				uninsured health care costs for the child(ren) as provided in Section
				4063, Family
				Code.
(C) Costs related to the
				educational or other special needs of the child(ren).
(D) Travel expenses for
				visitation.
(4) A financial
				hardship on the obligee or obligor, as defined in Family Code Section
				4071.
(5) The obligee or obligor begins or ceases
				receiving Unemployment Insurance Benefits, State Disability Insurance, or Worker's
				Compensation.
(6) Additional child
				support orders exist for which the obligor is responsible, which were not taken into
				account when the order was established or last adjusted.
(7) A change in the obligee or obligor's health
				insurance premium or the availability of health insurance through an
				employer.
(8) The release of the
				obligee/obligor from incarceration in a county jail, state or federal prison, or
				court-ordered rehabilitation facility.
(9) The release of the obligee/obligor from a
				psychiatric facility.
(10) Any other
				changes in circumstances that would affect the amount of
				support.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 5 - Review and Adjustment of Child Support Orders › Section 115525 - Processing a Review for Adjustment - Initiated by the Local Child Support Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 15 business
				days of becoming aware of any potential change in circumstance set forth in Section
				115530, the local child support agency
				shall:
(1) Provide the parties, who are parents,
				by mail or personal delivery, with the appropriate income and expense Judicial
				Council forms and a written notice. The written notice shall include the following
				information:
(A) The local child support agency is
				initiating a review for adjustment based upon a potential change in
				circumstance.
(B) The local child
				support agency requests that each parent provide his or her current and complete
				income and expense Judicial Council forms and requested documents.
(C) The party's failure to submit current and
				complete income and expense Judicial Council forms and the requested documents
				within 20 business days of the date of the notice will result in the local child
				support agency proceeding with the review for adjustment based upon the information
				the other party provides and/or verified information obtained by the local child
				support agency.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 5 - Review and Adjustment of Child Support Orders › Section 115535 - Review for Adjustment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Within 40 business days of the date of the written notices provided to a party as
				set forth in Sections
				115510(f)(6), or
				115525. The local child support agency
				shall:
(1) Verify whether either of the following
				situations exists:
(A) A change in circumstance
				pursuant to either Section
				115520 or Section
				115530 exists and is reasonably
				expected to last for more than three months.
(B) The parties stipulated to a child support
				order below the amount established by the statewide uniform guideline. No change of
				circumstance need be demonstrated to obtain an adjustment of the child support order
				to the applicable guideline level or above.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 5 - Review and Adjustment of Child Support Orders › Section 115540 - Presumption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The local child
				support agency shall presume the amount of the support is altered, upward or
				downward, by at least 20% or $50, whichever is less, if all of the following are
				met:
(1) A party fails to return the requested
				income and expense Judicial Council forms and requested documents within 20 business
				days from the date of the written notice as set forth in Section
				115510(f)(6), or
				Section 115525.
(2) The local child support agency provided the
				written notice either by personal delivery to the party, or by mail to the party's
				"last known address", and the information was not returned to the local child
				support agency as undeliverable.
(3) The
				local child support agency has no current income and expense information for the
				party in the case file.
(4) The local
				child support agency is unable to obtain information on the party through automated
				locate tools and the Federal Case Registry.
(5) The income and expense Judicial Council forms
				and requested documents, provided by either the requesting party as set forth in
				Section 115510(f)(6), or a
				party as set forth in Section
				115525, or a verified change in
				circumstance as set forth in Section
				115530 suggests a change in the amount
				of the child support order, upward or downward, by at least 20% or $50, whichever is
				less.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 5 - Review and Adjustment of Child Support Orders › Section 115545 - Process After Adjustment Criteria Assessed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 15 business days of determining that it
				is appropriate to seek an adjustment, the local child support agency shall take one
				of the following actions:
(1) File a motion for
				modification or an order to show cause to seek an adjustment with the court and
				serve the notice of motion for modification or order to show cause on the parties.
				Service shall be conducted in accordance with the requirements of Section
				1013,
				Code of Civil Procedure or any other manner allowed in the Code of Civil
				Procedure.
(2) File a motion to set
				aside the child support order and serve the notice of motion to set aside on the
				parties if a child support order meets the criteria for set aside pursuant to
				Section
				17432, Family Code.
				Service shall be conducted in accordance with the requirements of Section
				1013,
				Code of Civil Procedure or any other manner allowed in the Code of Civil
				Procedure.
(3) Enter into a stipulation
				with all necessary parties and file the stipulation with the
				court.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 5 - Review and Adjustment of Child Support Orders › Section 115550 - Locate for Purposes of Review for Adjustment - Request by a Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 15 business
				days of determining that a non-requesting party's location is unknown, the local
				child support agency shall access all appropriate locate tools, as set forth in 22
				California Code of Regulations, Section
				113100, for a period of 30 business
				days.
(b) If the non-requesting party is
				located within 30 business days of accessing the appropriate locate tools pursuant
				to 22 California Code of Regulations, Section
				113100, the review and adjustment
				timeframes shall resume effective on the date the non-requesting party is
				located.
(c) If the local child support
				agency is unable to locate the non-requesting party within 30 business days of
				accessing all appropriate locate tools pursuant to 22 California Code of
				Regulations, Section
				113100, the local child support agency
				shall terminate the review and adjustment process and send a written termination
				notice to the requesting party within 14 days of the expiration of the 30th business
				day of accessing the appropriate locate tools. The termination notice shall contain
				the following information:
(1) The local child
				support agency does not have a current address for the non-requesting party and, as
				a result, the review and adjustment process cannot proceed and has been
				terminated.
(2) The requesting party
				should contact the local child support agency to share any information he or she has
				regarding the non-requesting party's location.
(3) The local child support agency will continue
				locate efforts as required by 22 California Code of Regulations, Section
				113100 et seq.
(4) The local child support agency will process a
				new request for review for adjustment in the future provided that the requesting
				party renews his or her request.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Article 1 - Definitions › Section 116004 - Alternate Arrangement. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New chapter 6,
					 article 1 (sections
					 116004-116063) and section filed
					 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43). Pursuant
					 to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New chapter 6, article 1 (sections
					 116004-116063) and section refiled
					 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003, No. 14). Pursuant to
					 Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
					 Compliance withdrawn 12-1-2003 and repealer of section by operation of Government
					 Code section
					 11346.1
					 (Register 2004, No. 19).
4. New chapter 6, article 1 (sections
					 116004-116063) and section filed
					 5-4-2004; operative 5-4-2004 by operation of Government Code section
					 11343.4
					 (Register 2004, No. 19).
5. Change without regulatory effect renumbering
					 former section 116004 to new section
					 110048 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						5260, Family Code;
						and 45 Code of Federal Regulations, Section
						303.100(b)(3).
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Article 1 - Definitions › Section 116018 - Credit Reporting Agencies. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003,
					 No. 14). Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
					 Compliance withdrawn 12-1-2003 and repealer of section by operation of Government
					 Code section
					 11346.1
					 (Register 2004, No. 19).
4. New section filed 5-4-2004; operative
					 5-4-2004 by operation of Government Code section
					 11343.4
					 (Register 2004, No. 19).
5. Change without regulatory effect renumbering
					 former section 116018 to new section
					 110212 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						4701, Family Code;
						42 USC, Section
						666(a)(7); and
						45 Code of Federal Regulations, Section
						302.70(a)(7).
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Article 1 - Definitions › Section 116036 - Independent Contractor Registry. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003,
					 No. 14). Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
					 Compliance withdrawn 12-1-2003 and repealer of section by operation of Government
					 Code section
					 11346.1
					 (Register 2004, No. 19).
4. New section filed 5-4-2004; operative
					 5-4-2004 by operation of Government Code section
					 11343.4
					 (Register 2004, No. 19).
5. Change without regulatory effect renumbering
					 former section 116036 to new section
					 110434 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						5206, Family Code;
						and Section
						1088.8,
						Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Article 1 - Definitions › Section 116038 - Intercounty Responding Case. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003,
					 No. 14). Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
					 Compliance withdrawn 12-1-2003 and repealer of section by operation of Government
					 Code section
					 11346.1
					 (Register 2004, No. 19).
4. New section filed 5-4-2004; operative
					 5-4-2004 by operation of Government Code section
					 11343.4
					 (Register 2004, No. 19).
5. Change without regulatory effect renumbering
					 former section 116038 to section
					 110458 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						17306,
						17310 and
						17312, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Article 1 - Definitions › Section 116042 - Intracounty Case. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003,
					 No. 14). Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
					 Compliance withdrawn 12-1-2003 and repealer of section by operation of Government
					 Code section
					 11346.1
					 (Register 2004, No. 19).
4. New section filed 5-4-2004; operative
					 5-4-2004 by operation of Government Code section
					 11343.4
					 (Register 2004, No. 19).
5. Change without regulatory effect renumbering
					 former section 116042 to new section
					 110470 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						17306,
						17310 and
						17312, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Article 1 - Definitions › Section 116061 - Plan Administrator. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003,
					 No. 14). Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
					 Compliance withdrawn 12-1-2003 and repealer of section by operation of Government
					 Code section
					 11346.1
					 (Register 2004, No. 19).
4. New section filed 5-4-2004; operative
					 5-4-2004 by operation of Government Code section
					 11343.4
					 (Register 2004, No. 19).
5. Change without regulatory effect renumbering
					 former section 116061 to new section
					 110662 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						17306,
						17310 and
						17312, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Article 1 - Definitions › Section 116062 - Real Property. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003,
					 No. 14). Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
					 Compliance withdrawn 12-1-2003 and repealer of section by operation of Government
					 Code section
					 11346.1
					 (Register 2004, No. 19).
4. New section filed 5-4-2004; operative
					 5-4-2004 by operation of Government Code section
					 11343.4
					 (Register 2004, No. 19).
5. Change without regulatory effect renumbering
					 former section 116062 to new section
					 110694 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						17306,
						17310 and
						17312, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Article 1 - Definitions › Section 116063 - Real Property Lien. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003,
					 No. 14). Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
					 Compliance withdrawn 12-1-2003 and repealer of section by operation of Government
					 Code section
					 11346.1
					 (Register 2004, No. 19).
4. New section filed 5-4-2004; operative
					 5-4-2004 by operation of Government Code section
					 11343.4
					 (Register 2004, No. 19).
5. Change without regulatory effect renumbering
					 former section 116063 to new section
					 110698 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						17306,
						17310 and
						17312, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 1 - Income Withholding Orders › Section 116100 - Preparing and Serving an Income Withholding Order - General Requirements and Timeframes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a child
					 support order exists, a local child support agency shall serve an income withholding
					 order on an obligor's employer, unless a court has ordered that service be stayed.
					 The income withholding order shall specify the following amounts, as applicable, to
					 be withheld from the obligor's disposable earnings whether for child, family,
					 spousal, and/or medical support:
(1) The amount(s)
					 of current support specified in the most recent support order.
(2) The amount specified in the court order to be
					 withheld for the liquidation of any support arrearage.
(3) An amount to be withheld for the liquidation
					 of any support arrearage, if no amount(s) of payment toward any arrearage is
					 specified in the court order, or additional arrears have accrued after the date of a
					 court order for support. If both current support and arrearages exist, the amount to
					 be withheld from salary or wages towards the liquidation of arrearages shall not
					 exceed 25 percent of the current support order, or when combined with the current
					 support amount, the maximum amount withheld cannot exceed 50 percent of the
					 obligor's disposable earnings.
(A) In addition to
					 the amount specified in (a)(3) above, when an obligor's current support obligation
					 for a child terminates by operation of law but an arrearage balance exists, the
					 local child support agency shall serve an amended income withholding order on the
					 obligor's employer within 30 days that provides for a monthly payment that is equal
					 to the current support payment that has terminated for each child, to be applied
					 towards the liquidation of arrearages not to exceed the maximum amount withheld
					 cannot exceed 50 percent of the obligor's disposable earnings.
(B) An income withholding order issued by a local
					 child support agency for the liquidation of arrearages, shall not exceed five
					 percent of a disabled obligor's total monthly Social Security Disability Insurance
					 (SSDI) benefits pursuant to Title II of the Social Security Act, if the obligor
					 provides the local child support agency with proof that the obligor meets the
					 Supplemental Security Income (SSI) resource test and is receiving SSI/State
					 Supplementary Program (SSP) benefits and/or SSDI, or, but for excess income, would
					 be eligible to receive SSI/SSP. Proof that the obligor is otherwise eligible for
					 SSI/SSP, but for excess income, includes SSDI check stubs and self-certification by
					 the obligor declaring under penalty of perjury that the obligor meets the SSI
					 resource limits.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 1 - Income Withholding Orders › Section 116102 - Hearing Request Regarding an Income Withholding Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an obligor requests a hearing concerning an income
						withholding order served upon his/her employer, the local child support agency shall
						file a copy of the income withholding order with the court and be present at the
						hearing. If, at the hearing, the court:
(a)
					 Quashes service of the income withholding order, the local child support agency
					 shall provide written notification of the court's order to the obligor's employer
					 within 10 business days of receipt of the court order. Such notification shall be
					 sent by first class mail and fax or other electronic means and include a copy of the
					 order quashing the income withholding order.
(b) Modifies the monthly payment due on
					 arrearages, the local child support agency shall serve on the obligor's employer an
					 amended income withholding order that reflects the court-ordered modifications
					 within 10 days of receipt of the court order.
1. New section
						filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43).
						Pursuant to Family Code section
						17306(e),
						a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003,
						No. 14). Pursuant to Family Code section
						17306(e),
						a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
						language will be repealed by operation of law on the following day.
3.
						Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
						Compliance withdrawn 12-1-2003 and repealer of section by operation of Government
						Code section
						11346.1
						(Register 2004, No. 19).
4. New section filed 5-4-2004; operative
						5-4-2004 by operation of Government Code section
						11343.4
						(Register 2004, No. 19).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Section
						  5246, Family
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 1 - Income Withholding Orders › Section 116104 - Stay of Service of an Income Withholding Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a court previously ordered that service of
					 an income withholding order be stayed, and the order requires further application to
					 the court to lift the stay, a local child support agency shall make application to
					 the court to terminate the stay within 10 days of any of the following:
(1) An obligor no longer meets the requirements
					 specified in Section
					 5260, Family Code,
					 for staying an income withholding order for good cause.
(2) An obligor requests termination of the
					 stay.
(3) An obligor has failed to make
					 a payment of support within 30 days of the due date.
(4) The date on which the custodial party requests
					 that withholding begin.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 1 - Income Withholding Orders › Section 116106 - Terminating an Income Withholding Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 10 days of any of the following, a local child support
						agency shall provide written notification by first class mail, fax, or other
						electronic means, to an obligor's employer to terminate enforcement of an income
						withholding order:
(a) There is no longer a
					 current order for support and past due support, including any interest and costs has
					 been paid in full.
(b) Upon learning
					 that the child who is the subject of the order has died or is emancipated and past
					 due support, including any interest and costs has been paid in full.
(c) The local child support agency has used locate
					 sources pursuant to Section
					 113100(h) and has not
					 been able to locate and deliver payments to an obligee for a period of six months
					 because the obligee has moved and failed to notify the local child support agency of
					 the change in his/her address and there are no arrears that have been assigned to
					 the State.
(d) The court determines that
					 there is good cause as specified in Family Code Section
					 5260 to terminate
					 the income withholding order.
(e) The
					 obligor meets the conditions of an alternative arrangement as specified in Family
					 Code Section
					 5260.
1. New section
						filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43).
						Pursuant to Family Code section
						17306(e),
						a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003,
						No. 14). Pursuant to Family Code section
						17306(e),
						a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
						language will be repealed by operation of law on the following day.
3.
						Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
						Compliance withdrawn 12-1-2003 and repealer of section by operation of Government
						Code section
						11346.1
						(Register 2004, No. 19).
4. New section filed 5-4-2004; operative
						5-4-2004 by operation of Government Code section
						11343.4
						(Register 2004, No. 19).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Sections
						  5240 and
						  5260, Family Code;
						  and 45 Code of Federal Regulations, Section
						  303.100(a)(7).
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 1 - Income Withholding Orders › Section 116108 - Employer Non-Compliance-Notification Timeframes, Electronic Funds Transfer, and Documentation Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
					 obligor's employer does not comply with an income withholding order by withholding
					 support from an obligor's disposable earnings and forwarding that support to a local
					 child support agency within 45 days of service of the order, the local child support
					 agency shall:
(1) Fax or electronically transmit a
					 copy of the income withholding order to the obligor's employer, along with a letter
					 indicating that failure to comply with an income withholding order is punishable as
					 contempt.
(2) If the employer cannot
					 receive a fax or other electronic transmission, send by certified mail a copy of the
					 income withholding order along with the letter specified in (a)(1)
					 above.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 1 - Income Withholding Orders › Section 116110 - Employer Contempt Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43).
						Pursuant to Family Code section
						17306(e),
						a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003,
						No. 14). Pursuant to Family Code section
						17306(e),
						a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
						language will be repealed by operation of law on the following day.
3.
						Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
						Compliance withdrawn 12-1-2003 and repealer of action by operation of Government
						Code section
						11346.1
						(Register 2004, No. 19).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Section
						  706.029,
						  Code of Civil Procedures; and Sections
						  5241 and
						  5245, Family
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 2 - Medical Support Enforcement › Section 116114 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a
					 local child support agency determines that an existing support order for current
					 support does not contain a health insurance coverage provision, except as provided
					 in Subsection (b), the local child support agency shall concurrently:
(1) File a notice of motion or order to show cause
					 with the court to include a health insurance coverage provision in the support
					 order.
(2) Serve by first class mail, a
					 blank form "Dependent's Health Insurance Information," CSS 4330, dated 04/02,
					 incorporated by reference herein, on the obligor, along with written notification
					 that the form shall be completed by the obligor and returned to the local child
					 support agency within 20 days of the date of the notification.
(3) If an obligor's employer is known, serve by
					 first class mail, a blank form "Employees' Dependent Health Insurance Information,"
					 CSS 4333, dated 04/02, incorporated by reference herein, on the employer, along with
					 written notification that the form shall be completed by the employer and returned
					 to the local child support agency within 30 days of the date of the
					 notification.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 2 - Medical Support Enforcement › Section 116116 - Serving a National Medical Support Notice-General Requirements and Timeframes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an order
					 requiring an obligor to provide health insurance coverage for his/her minor
					 child(ren) exists, a local child support agency shall complete and serve a "National
					 Medical Support Notice (NMSN)," Part A, "Notice to Withhold for Health Care
					 Coverage," OMB 0970-0222, and Part B, "Medical Support Notice to Plan
					 Administrator," OMB 1210-0113, on an obligor's employer, upon of receipt of employer
					 information pursuant to the timeframes specified in Section
					 116100(c).
(b) A local child support agency shall specify on
					 the National Medical Support Notice that the total amount withheld for both current
					 support and health insurance premiums shall not exceed 50 percent of the obligor's
					 disposable earnings, or the amount that is indicated on the court order/judgment,
					 whichever is less. If funds are insufficient to withhold for both current support
					 and health insurance premiums, a local child support agency shall:
(1) For Title IV-A or IV-E cases, specify that the
					 employer withhold for current support.
(2) For non-Title IV-A cases, contact the obligee
					 to determine whether he/she chooses to have the employer withhold for either,
					 current support or health insurance premiums and specify the obligee's decision on
					 the National Medical Support Notice. If the obligee does not respond within 10 days
					 after the initial contact attempt, then the local child support agency shall specify
					 that the employer withhold for current support.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 2 - Medical Support Enforcement › Section 116118 - Processing the National Medical Support Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a completed National Medical
					 Support Notice, Part A, from an obligor's employer indicating that court-ordered
					 health insurance coverage for the minor child(ren) cannot be provided, a local child
					 support agency shall:
(1) Provide written
					 notification to the obligor within 10 business days of receipt of Part A that other
					 group health insurance coverage must be provided when it is available at no or
					 reasonable cost.
(2) Provide written
					 notification to the obligee within 10 business days of receipt of Part A that the
					 court-ordered health insurance coverage cannot be enforced for one of the following
					 reasons:
(A) The obligor's employer does not
					 maintain or contribute to a plan providing dependent or family health care
					 coverage.
(B) The obligor is among a
					 class of employees ineligible for family health coverage under any group health plan
					 maintained by the employer or to which the employer contributes.
(C) The obligor is no longer employed by the
					 employer.
(D) State or federal
					 withholding limitations prevent withholding from the obligor's disposable earnings
					 the amount required to obtain coverage under the terms of the employer's group
					 health insurance plan.
(3)
					 Request written or oral notification from the obligor's employer within 15 days of
					 any change in status or circumstance which would result in the eligibility of the
					 obligor's child(ren) for health insurance coverage.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 2 - Medical Support Enforcement › Section 116120 - Terminating a National Medical Support Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A local child support agency shall terminate
					 the National Medical Support Notice within 10 days of obtaining any of the following
					 documentation:
(1) An order for medical support
					 that was quashed or terminated by the court.
(2) An order for medical support is no longer in
					 effect.
(3) Proof that the child(ren)
					 has died or reached the age of emancipation.
(4) A request in writing from an obligee in a
					 non-Title IV-A case to cease medical support establishment and enforcement services.
					 The local child support agency shall follow procedures pursuant to Section
					 116114(b).
(5) A request in writing from an obligee in a
					 non-Title IV-A case to close a case.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 2 - Medical Support Enforcement › Section 116122 - Other Health Insurance Coverage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 If an order requiring an obligor to provide health insurance coverage for his/her
					 minor child(ren) exists, and other group health insurance coverage is available, or
					 the court ordered individual health insurance coverage, a local child support agency
					 shall request in writing, proof of health insurance coverage from the obligor, or
					 the entity providing other group health insurance. The request shall:
(1) Be made within 10 days of service of the order
					 on the obligor requiring the provision of health insurance coverage; and
(2) Include a written statement of the obligor's
					 right and the procedures under the law to seek to quash the
					 order.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 2 - Medical Support Enforcement › Section 116124 - Employer Non-Compliance and Employer Contempt Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43).
						Pursuant to Family Code section
						17306(e),
						a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003,
						No. 14). Pursuant to Family Code section
						17306(e),
						a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency
						language will be repealed by operation of law on the following day.
3.
						Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of
						Compliance withdrawn 12-1-2003 and repealer of action by operation of Government
						Code section
						11346.1
						(Register 2004, No. 19).
Note: Authority cited: Sections
						  17306,
						  17310 and
						  17312, Family Code.
						  Reference: Sections
						  3766 and
						  3768, Family
						  Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 3 - Real Property Liens › Section 116130 - Recording/Creating Real Property Liens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A local child support agency shall record a real property lien against the real
					 property of an obligor to obtain compliance with money judgments or orders enforced
					 by a local child support agency pursuant to Title IV-D of the Social Security Act. A
					 local child support agency shall prepare and submit for recording a real property
					 lien within 45 days of the date a money judgment or order is received by the local
					 child support agency, a case is opened for enforcement of an existing order or
					 judgment, or an existing order is registered for enforcement. A local child support
					 agency shall not record a real property lien when the order indicates a zero support
					 amount, or when the order is reserved.
(b) A local child support agency shall not record
					 a real property lien against the real property of an obligor who has filed for
					 bankruptcy under Chapter 13, except in those instances where the real property is
					 not part of the bankruptcy estate.
(c) A
					 local child support agency shall record a real property lien for the following types
					 of cases:
(1) Intercounty responding
					 cases.
(2) Intracounty cases.
(3) Interstate initiating cases. Real property
					 liens shall only be recorded if the obligor is known to have or is likely to acquire
					 real property interests in California.
(4) Interstate responding
					 cases.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 6 - Enforcement Actions › Subchapter 6.1 - Immediate Enforcement Actions › Article 3 - Real Property Liens › Section 116132 - Satisfaction of Judgment/Substitution of Payee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon satisfaction of a support obligation, a
					 local child support agency shall within the time frames established in subsections
					 (c) through (d) file a full satisfaction of judgment, or a matured installment
					 satisfaction by doing both of the following:
(1)
					 File an acknowledgment of satisfaction of judgment with the court.
(2) Provide the obligor with an acknowledgement of
					 satisfaction of judgment that can be recorded in any county in which an abstract of
					 support judgment, or certified copy of the judgment was filed.