17400-17440
FAMILY.CODE
SECTION 17400-17440
17400. (a) Each county shall maintain a local child support agency,
as specified in Section 17304, that shall have the responsibility
for promptly and effectively establishing, modifying, and enforcing
child support obligations, including medical support, enforcing
spousal support orders established by a court of competent
jurisdiction, and determining paternity in the case of a child born
out of wedlock. The local child support agency shall take appropriate
action, including criminal action in cooperation with the district
attorneys, to establish, modify, and enforce child support and, if
appropriate, enforce spousal support orders if the child is receiving
public assistance, including Medi-Cal, and, if requested, shall take
the same actions on behalf of a child who is not receiving public
assistance, including Medi-Cal.
(b) (1) Notwithstanding Sections 25203 and 26529 of the Government
Code, attorneys employed within the local child support agency may
direct, control, and prosecute civil actions and proceedings in the
name of the county in support of child support activities of the
Department of Child Support Services and the local child support
agency.
(2) Notwithstanding any other law, and except for pleadings or
documents required to be signed under penalty of perjury, a local
child support agency may substitute original signatures with any form
of electronic signatures, including, but not limited to, typed,
digital, or facsimile images of signatures, digital signatures, or
other computer-generated signatures, on pleadings filed for the
purpose of establishing, modifying, or enforcing paternity, child
support, or medical support. Any substituted signature used by a
local child support agency shall have the same effect as an original
signature, including, but not limited to, the requirements of Section
128.7 of the Code of Civil Procedure.
(c) Actions brought by the local child support agency to establish
paternity or child support or to enforce child support obligations
shall be completed within the time limits set forth by federal law.
The local child support agency's responsibility applies to spousal
support only if the spousal support obligation has been reduced to an
order of a court of competent jurisdiction. In any action brought
for modification or revocation of an order that is being enforced
under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et
seq.), the effective date of the modification or revocation shall be
as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or any
subsequent date.
(d) (1) The Judicial Council, in consultation with the department
and representatives of the California Family Support Council, the
Senate Committee on Judiciary, the Assembly Committee on Judiciary,
and a legal services organization providing representation on child
support matters, shall develop simplified summons, complaint, and
answer forms for any action for support brought pursuant to this
section or Section 17404. The Judicial Council may combine the
summons and complaint in a single form.
(2) The simplified complaint form shall provide notice of the
amount of child support that is sought pursuant to the guidelines set
forth in Article 2 (commencing with Section 4050) of Chapter 2 of
Part 2 of Division 9 based upon the income or income history of the
support obligor as known to the local child support agency. If the
support obligor's income or income history is unknown to the local
child support agency, the complaint shall inform the support obligor
that income shall be presumed to be the amount of the minimum wage,
at 40 hours per week, established by the Industrial Welfare
Commission pursuant to Section 1182.11 of the Labor Code unless
information concerning the support obligor's income is provided to
the court. The complaint form shall be accompanied by a proposed
judgment. The complaint form shall include a notice to the support
obligor that the proposed judgment will become effective if he or she
fails to file an answer with the court within 30 days of service.
Except as provided in paragraph (2) of subdivision (a) of Section
17402, if the proposed judgment is entered by the court, the support
order in the proposed judgment shall be effective as of the first day
of the month following the filing of the complaint.
(3) (A) The simplified answer form shall be written in simple
English and shall permit a defendant to answer and raise defenses by
checking applicable boxes. The answer form shall include instructions
for completion of the form and instructions for proper filing of the
answer.
(B) The answer form shall be accompanied by a blank income and
expense declaration or simplified financial statement and
instructions on how to complete the financial forms. The answer form
shall direct the defendant to file the completed income and expense
declaration or simplified financial statement with the answer, but
shall state that the answer will be accepted by a court without the
income and expense declaration or simplified financial statement.
(C) The clerk of the court shall accept and file answers, income
and expense declarations, and simplified financial statements that
are completed by hand provided they are legible.
(4) (A) The simplified complaint form prepared pursuant to this
subdivision shall be used by the local child support agency or the
Attorney General in all cases brought under this section or Section
17404.
(B) The simplified answer form prepared pursuant to this
subdivision shall be served on all defendants with the simplified
complaint. Failure to serve the simplified answer form on all
defendants shall not invalidate any judgment obtained. However,
failure to serve the answer form may be used as evidence in any
proceeding under Section 17432 of this code or Section 473 of the
Code of Civil Procedure.
(C) The Judicial Council shall add language to the governmental
summons, for use by the local child support agency with the
governmental complaint to establish parental relationship and child
support, informing defendants that a blank answer form should have
been received with the summons and additional copies may be obtained
from either the local child support agency or the superior court
clerk.
(e) In any action brought or enforcement proceedings instituted by
the local child support agency pursuant to this section for payment
of child or spousal support, an action to recover an arrearage in
support payments may be maintained by the local child support agency
at any time within the period otherwise specified for the enforcement
of a support judgment, notwithstanding the fact that the child has
attained the age of majority.
(f) The county shall undertake an outreach program to inform the
public that the services described in subdivisions (a) to (c),
inclusive, are available to persons not receiving public assistance.
There shall be prominently displayed in every public area of every
office of the agencies established by this section a notice, in clear
and simple language prescribed by the Director of Child Support
Services, that the services provided in subdivisions (a) to (c),
inclusive, are provided to all individuals, whether or not they are
recipients of public assistance.
(g) (1) In any action to establish a child support order brought
by the local child support agency in the performance of duties under
this section, the local child support agency may make a motion for an
order effective during the pendency of that action, for the support,
maintenance, and education of the child or children that are the
subject of the action. This order shall be referred to as an order
for temporary support. This order has the same force and effect as a
like or similar order under this code.
(2) The local child support agency shall file a motion for an
order for temporary support within the following time limits:
(A) If the defendant is the mother, a presumed father under
Section 7611, or any father if the child is at least six months old
when the defendant files his or her answer, the time limit is 90 days
after the defendant files an answer.
(B) In any other case in which the defendant has filed an answer
prior to the birth of the child or not more than six months after the
birth of the child, then the time limit is nine months after the
birth of the child.
(3) If more than one child is the subject of the action, the
limitation on reimbursement shall apply only as to those children
whose parental relationship and age would bar recovery were a
separate action brought for support of that child or those children.
(4) If the local child support agency fails to file a motion for
an order for temporary support within the time limits specified in
this section, the local child support agency shall be barred from
obtaining a judgment of reimbursement for any support provided for
that child during the period between the date the time limit expired
and the date the motion was filed, or, if no motion is filed, when a
final judgment is entered.
(5) Except as provided in Section 17304, nothing in this section
prohibits the local child support agency from entering into
cooperative arrangements with other county departments as necessary
to carry out the responsibilities imposed by this section pursuant to
plans of cooperation with the departments approved by the Department
of Child Support Services.
(6) Nothing in this section otherwise limits the ability of the
local child support agency from securing and enforcing orders for
support of a spouse or former spouse as authorized under any other
law.
(h) As used in this article, "enforcing obligations" includes, but
is not limited to, all of the following:
(1) The use of all interception and notification systems operated
by the department for the purpose of aiding in the enforcement of
support obligations.
(2) The obtaining by the local child support agency of an initial
order for child support that may include medical support or that is
for medical support only, by civil or criminal process.
(3) The initiation of a motion or order to show cause to increase
an existing child support order, and the response to a motion or
order to show cause brought by an obligor parent to decrease an
existing child support order, or the initiation of a motion or order
to show cause to obtain an order for medical support, and the
response to a motion or order to show cause brought by an obligor
parent to decrease or terminate an existing medical support order,
without regard to whether the child is receiving public assistance.
(4) The response to a notice of motion or order to show cause
brought by an obligor parent to decrease an existing spousal support
order if the child or children are residing with the obligee parent
and the local child support agency is also enforcing a related child
support obligation owed to the obligee parent by the same obligor.
(5) The referral of child support delinquencies to the Franchise
Tax Board under subdivision (c) of Section 17500 in support of the
local child support agency.
(i) As used in this section, "out of wedlock" means that the
biological parents of the child were not married to each other at the
time of the child's conception.
(j) (1) The local child support agency is the public agency
responsible for administering wage withholding for current support
for the purposes of Title IV-D of the Social Security Act (42 U.S.C.
Sec. 651 et seq.).
(2) Nothing in this section limits the authority of the local
child support agency granted by other sections of this code or
otherwise granted by law.
(k) In the exercise of the authority granted under this article,
the local child support agency may intervene, pursuant to subdivision
(b) of Section 387 of the Code of Civil Procedure, by ex parte
application, in any action under this code, or other proceeding in
which child support is an issue or a reduction in spousal support is
sought. By notice of motion, order to show cause, or responsive
pleading served upon all parties to the action, the local child
support agency may request any relief that is appropriate that the
local child support agency is authorized to seek.
(l) The local child support agency shall comply with all
regulations and directives established by the department that set
time standards for responding to requests for assistance in locating
noncustodial parents, establishing paternity, establishing child
support awards, and collecting child support payments.
(m) As used in this article, medical support activities that the
local child support agency is authorized to perform are limited to
the following:
(1) The obtaining and enforcing of court orders for health
insurance coverage.
(2) Any other medical support activity mandated by federal law or
regulation.
(n) (1) Notwithstanding any other law, venue for an action or
proceeding under this division shall be determined as follows:
(A) Venue shall be in the superior court in the county that is
currently expending public assistance.
(B) If public assistance is not currently being expended, venue
shall be in the superior court in the county where the child who is
entitled to current support resides or is domiciled.
(C) If current support is no longer payable through, or
enforceable by, the local child support agency, venue shall be in the
superior court in the county that last provided public assistance
for actions to enforce arrearages assigned pursuant to Section 11477
of the Welfare and Institutions Code.
(D) If subparagraphs (A), (B), and (C) do not apply, venue shall
be in the superior court in the county of residence of the support
obligee.
(E) If the support obligee does not reside in California, and
subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in
the superior court of the county of residence of the obligor.
(2) Notwithstanding paragraph (1), if the child becomes a resident
of another county after an action under this part has been filed,
venue may remain in the county where the action was filed until the
action is completed.
(o) The local child support agency of one county may appear on
behalf of the local child support agency of any other county in an
action or proceeding under this part.
17400.5. If an obligor has an ongoing child support order being
enforced by a local child support agency pursuant to Title IV-D of
the Social Security Act and the obligor is disabled, meets the SSI
resource test, and is receiving Supplemental Security Income/State
Supplemental Payments (SSI/SSP) or, but for excess income as
described in Section 416.1100 et seq. of Part 416 of Title 20 of the
Code of Federal Regulations, would be eligible to receive as SSI/SSP,
pursuant to Section 12200 of the Welfare and Institutions Code, and
the obligor has supplied the local child support agency with proof of
his or her eligibility for, and, if applicable, receipt of, SSI/SSP
or Social Security Disability Insurance benefits, then the local
child support agency shall prepare and file a motion to modify the
support obligation within 30 days of receipt of verification from the
noncustodial parent or any other source of the receipt of SSI/SSP or
Social Security Disability Insurance benefits. The local child
support agency shall serve the motion on both the noncustodial parent
and custodial person and any modification of the support order
entered pursuant to the motion shall be effective as provided in
Section 3653 of the Family Code.
17401. If the parent who is receiving support enforcement services
provides to the local child support agency substantial, credible,
information regarding the residence or work address of the support
obligor, the agency shall initiate an establishment or enforcement
action and serve the defendant, if service is required, within 60
days and inform the parent in writing when those actions have been
taken. If the address or any other information provided by the
support obligee is determined by the local child support agency to be
inaccurate and if, after reasonable diligence, the agency is unable
to locate and serve the support obligor within that 60-day period,
the local child support agency shall inform the support obligee in
writing of those facts. The requirements of this section shall be in
addition to the time standards established by the Department of Child
Support Services pursuant to subdivision (l) of Section 17400.
17401.5. (a) All of the following shall include notice of, and
information about, the child support service hearings available
pursuant to Section 17801, provided that there is federal financial
participation available as set forth in subdivision (j) of Section
17801:
(1) The booklet required by subdivision (a) of Section 17434.
(2) Any notice required by subdivision (c) or (h) of Section
17406.
(b) To the extent not otherwise required by law, the local child
support agency shall provide notice of, and information about, the
child support services hearings available pursuant to Section 17801
in any regularly issued notices to custodial and noncustodial parents
subject to Section 17400, provided that there is federal financial
participation available as set forth in subdivision (e) of Section
17801.
Notice of and information about the child support service hearings
and the child support complaint resolution process required under
Section 17800 shall be easily accessible and shall be provided in a
single section of the booklet.
17402. (a) In any case of separation or desertion of a parent or
parents from a child or children that results in aid under Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code being granted to that family, the
noncustodial parent or parents shall be obligated to the county for
an amount equal to the amount specified in an order for the support
and maintenance of the family issued by a court of competent
jurisdiction.
(b) The local child support agency shall take appropriate action
pursuant to this section as provided in subdivision (l) of Section
17400. The local child support agency may establish liability for
child support as provided in subdivision (a) when public assistance
was provided by another county or by other counties.
(c) The amount of the obligation established for each parent with
a liability under subdivision (a) shall be determined by using the
appropriate child support guideline currently in effect and shall be
computed as follows:
(1) If one parent remains as a custodial parent, the support shall
be computed according to the guideline.
(2) If the parents reside together and neither father nor mother
remains as a custodial parent, the guideline support shall be
computed by combining the noncustodial parents' incomes. The combined
incomes shall be used as the high earner's net monthly disposable
income in the guideline formula. Income shall not be attributed to
the caretaker or governmental agency. The amount of guideline support
resulting shall be proportionately shared between the noncustodial
parents based upon their net monthly disposable incomes.
(3) If the parents reside apart and neither father nor mother
remains as a custodial parent, the guideline support shall be
computed separately for each parent by treating each parent as a
noncustodial parent. Income shall not be attributed to the caretaker
or government agency.
(d) A parent shall pay the amount of support specified in the
support order to the local child support agency.
17402.1. (a) Each local child support agency shall, on a monthly
basis, remit to the department both the federal and state public
assistance child support payments received pursuant to Section 17402.
(b) The department shall promulgate regulations to implement this
section.
17404. (a) Notwithstanding any other statute, in any action brought
by the local child support agency for the support of a minor child
or children, the action may be prosecuted in the name of the county
on behalf of the child, children, or a parent of the child or
children. The parent who has requested or is receiving support
enforcement services of the local child support agency shall not be a
necessary party to the action but may be subpoenaed as a witness.
Except as provided in subdivision (e), in an action under this
section there shall be no joinder of actions, or coordination of
actions, or cross-complaints, and the issues shall be limited
strictly to the question of parentage, if applicable, and child
support, including an order for medical support. A final
determination of parentage may be made in any action under this
section as an incident to obtaining an order for support. An action
for support or parentage pursuant to this section shall not be
delayed or stayed because of the pendency of any other action between
the parties.
(b) Judgment in an action brought pursuant to this section, and in
an action brought pursuant to Section 17402, if at issue, may be
rendered pursuant to a noticed motion, that shall inform the
defendant that in order to exercise his or her right to trial, he or
she must appear at the hearing on the motion.
If the defendant appears at the hearing on the motion, the court
shall inquire of the defendant if he or she desires to subpoena
evidence and witnesses, if parentage is at issue and genetic tests
have not already been conducted whether he or she desires genetic
tests, and if he or she desires a trial. If the defendant's answer is
in the affirmative, a continuance shall be granted to allow the
defendant to exercise those rights. A continuance shall not postpone
the hearing to more than 90 days from the date of service of the
motion. If a continuance is granted, the court may make an order for
temporary support without prejudice to the right of the court to make
an order for temporary support as otherwise allowed by law.
(c) In any action to enforce a spousal support order the action
may be pled in the name of the county in the same manner as an action
to establish a child support obligation. The same restrictions on
joinder of actions, coordination of actions, cross-complaints, and
delay because of the pendency of any other action as relates to
actions to establish a child support obligation shall also apply to
actions to enforce a spousal support order.
(d) Nothing contained in this section shall be construed to
prevent the parties from bringing an independent action under other
provisions of this code and litigating the issues of support,
custody, visitation, or protective orders. In that event, any
support, custody, visitation, or protective order issued by the court
in an action pursuant to this section shall be filed in the action
commenced under the other provisions of this code and shall continue
in effect until modified by a subsequent order of the court. To the
extent that the orders conflict, the court order last issued shall
supersede all other orders and be binding upon all parties in that
action.
(e) (1) After a support order, including a temporary support order
and an order for medical support only, has been entered in an action
brought pursuant to this section, the parent who has requested or is
receiving support enforcement services of the local child support
agency shall become a party to the action brought pursuant to this
section, only in the manner and to the extent provided by this
section, and only for the purposes allowed by this section.
(2) Notice of the parent's status as a party shall be given to the
parent by the local child support agency in conjunction with the
notice required by subdivision (e) of Section 17406. The complaint
shall contain this notice. Service of the complaint on the parent in
compliance with Section 1013 of the Code of Civil Procedure, or as
otherwise provided by law, shall constitute compliance with this
section. In all actions commenced under the procedures and forms in
effect on or before December 31, 1996, the parent who has requested
or is receiving support enforcement services of the local child
support agency shall not become a party to the action until he or she
is joined as a party pursuant to an ex parte application or noticed
motion for joinder filed by the local child support agency or a
noticed motion filed by either parent. The local child support agency
shall serve a copy of any order for joinder of a parent obtained by
the local child support agency's application on both parents in
compliance with Section 1013 of the Code of Civil Procedure.
(3) Once both parents are parties to an action brought pursuant to
this section in cases where Title IV-D services are currently being
provided, the local child support agency shall be required, within
five days of receipt, to mail the nonmoving party in the action all
pleadings relating solely to the support issue in the action that
have been served on the local child support agency by the moving
party in the action, as provided in subdivision (f) of Section 17406.
There shall be a rebuttable presumption that service on the local
child support agency consistent with the provisions of this paragraph
constitutes valid service on the nonmoving party. Where this
procedure is used to effectuate service on the nonmoving party, the
pleadings shall be served on the local child support agency not less
than 30 days prior to the hearing.
(4) The parent who has requested or is receiving support
enforcement services of the local child support agency is a party to
an action brought under this section for issues relating to the
support, custody, and visitation of a child, and for restraining
orders, and for no other purpose. The local child support agency
shall not be required to serve or receive service of papers,
pleadings, or documents, or participate in, or attend any hearing or
proceeding relating to issues of custody or visitation, except as
otherwise required by law. Orders concerning custody and visitation
may be made in an action pursuant to this subdivision only if orders
concerning custody and visitation have not been previously made by a
court of competent jurisdiction in this state or another state and
the court has jurisdiction and is the proper venue for custody and
visitation determinations. All issues regarding custody and
visitation shall be heard and resolved in the manner provided by this
code. Except as otherwise provided by law, the local child support
agency shall control support and parentage litigation brought
pursuant to this section, and the manner, method, and procedures used
in establishing parentage and in establishing and enforcing support
obligations unless and until the parent who requested or is receiving
support enforcement services has requested in writing that the local
child support agency close his or her case and the case has been
closed in accordance with state and federal regulation or policy.
(f) (1) A parent who has requested or is receiving support
enforcement services of the local child support agency may take
independent action to modify a support order made pursuant to this
section while support enforcement services are being provided by the
local child support agency. The parent shall serve the local child
support agency with notice of any action filed to modify the support
order and provide the local child support agency with a copy of the
modified order within 15 calendar days after the date the order is
issued.
(2) A parent who has requested or is receiving support enforcement
services of the local child support agency may take independent
action to enforce a support order made pursuant to this section while
support enforcement services are being provided by the local child
support agency with the written consent of the local child support
agency. At least 30 days prior to filing an independent enforcement
action, the parent shall provide the local child support agency with
written notice of the parent's intent to file an enforcement action
that includes a description of the type of enforcement action the
parent intends to file. Within 30 days of receiving the notice, the
local child support agency shall either provide written consent for
the parent to proceed with the independent enforcement action or
notify the parent that the local child support agency objects to the
parent filing the proposed independent enforcement action. The local
child support agency may object only if the local child support
agency is currently using an administrative or judicial method to
enforce the support obligation or if the proposed independent
enforcement action would interfere with an investigation being
conducted by the local child support agency. If the local child
support agency does not respond to the parent's written notice within
30 days, the local child support agency shall be deemed to have
given consent.
(3) The court shall order that all payments of support shall be
made to the local child support agency in any action filed under this
section by the parent who has requested, or is receiving, support
enforcement services of the local child support agency unless support
enforcement services have been terminated by the local child support
agency by case closure as provided by state and federal law. Any
order obtained by a parent prior to support enforcement services
being terminated in which the local child support agency did not
receive proper notice pursuant to this section shall be voidable upon
the motion of the local child support agency.
(g) Any notice from the local child support agency requesting a
meeting with the support obligor for any purpose authorized under
this section shall contain a statement advising the support obligor
of his or her right to have an attorney present at the meeting.
(h) For the purpose of this section, "a parent who is receiving
support enforcement services" includes a parent who has assigned his
or her rights to support pursuant to Section 11477 of the Welfare and
Institutions Code.
(i) The Judicial Council shall develop forms to implement this
section.
17405. In carrying out duties under this article, the local child
support agency shall interview the custodial parent within 10
business days of opening a child support case. This interview shall
solicit financial and all other information about the noncustodial
parent. This information shall be acted upon immediately. The local
child support agency shall reinterview the custodial parent as
needed.
17406. (a) In all actions involving paternity or support,
including, but not limited to, other proceedings under this code, and
under Division 9 (commencing with Section 10000) of the Welfare and
Institutions Code, the local child support agency and the Attorney
General represent the public interest in establishing, modifying, and
enforcing support obligations. No attorney-client relationship shall
be deemed to have been created between the local child support
agency or Attorney General and any person by virtue of the action of
the local child support agency or the Attorney General in carrying
out these statutory duties.
(b) Subdivision (a) is declaratory of existing law.
(c) In all requests for services of the local child support agency
or Attorney General pursuant to Section 17400 relating to actions
involving paternity or support, not later than the same day an
individual makes a request for these services in person, and not
later than five working days after either (1) a case is referred for
services from the county welfare department, (2) receipt of a request
by mail for an application for services, or (3) an individual makes
a request for services by telephone, the local child support agency
or Attorney General shall give notice to the individual requesting
services or on whose behalf services have been requested that the
local child support agency or Attorney General does not represent the
individual or the children who are the subject of the case, that no
attorney-client relationship exists between the local child support
agency or Attorney General and those persons, and that no such
representation or relationship shall arise if the local child support
agency or Attorney General provides the services requested. Notice
shall be in bold print and in plain English and shall be translated
into the language understandable by the recipient when reasonable.
The notice shall include the advice that the absence of an
attorney-client relationship means that communications from the
recipient are not privileged and that the local child support agency
or Attorney General may provide support enforcement services to the
other parent in the future.
(d) The local child support agency or Attorney General shall give
the notice required pursuant to subdivision (c) to all recipients of
services under Section 17400 who have not otherwise been provided
that notice, not later than the date of the next annual notice
required under Section 11476.2 of the Welfare and Institutions Code.
This notice shall include notification to the recipient of services
under Section 17400 that the recipient may inspect the clerk's file
at the office of the clerk of the court, and that, upon request, the
local child support agency, or, if appropriate, the Attorney General,
will furnish a copy of the most recent order entered in the case.
(e) The local child support agency or, if appropriate, the
Attorney General shall serve a copy of the complaint for paternity or
support, or both, on recipients of support services under Section
17400, as specified in paragraph (2) of subdivision (e) of Section
17404. A notice shall accompany the complaint that informs the
recipient that the local child support agency or Attorney General may
enter into a stipulated order resolving the complaint, and that the
recipient shall assist the prosecuting attorney, by sending all
information on the noncustodial parent's earnings and assets to the
prosecuting attorney.
(f) (1) (A) The local child support agency or Attorney General
shall provide written notice to recipients of services under Section
17400 of the initial date and time, and purpose of every hearing in a
civil action for paternity or support.
(B) Once the parent who has requested or is receiving support
enforcement services becomes a party to the action pursuant to
subdivision (e) of Section 17404, in lieu of the above, the local
child support agency or Attorney General shall serve on a parent all
pleadings relating to paternity or support that have been served on
the local child support agency by the other parent. The pleading
shall be accompanied by a notice.
(C) The notice provided subject to subparagraphs (A) and (B) shall
include the following language:
IMPORTANT NOTICE
It may be important that you attend the hearing. The local child
support agency does not represent you or your children. You may have
information about the other parent, such as information about his or
her income or assets that will not be presented to the court unless
you attend the hearing. You have the right to attend the hearing and
to be heard in court and tell the court what you think the court
should do with the child support order. This hearing could change
your rights or your children's rights to support.
(2) The notice shall state the purpose of the hearing or be
attached to the motion or other pleading which caused the hearing to
be scheduled.
(3) The notice shall be provided separate from all other material
and shall be in at least 14-point type. The failure of the local
child support agency or Attorney General to provide the notice
required pursuant to subparagraph (A) of paragraph (1) does not
affect the validity of any order.
(4) (A) The notice required pursuant to subparagraph (A) of
paragraph (1) shall be provided not later than seven calendar days
prior to the hearing, or, if the local child support agency or
Attorney General receives notice of the hearing less than seven days
prior to the hearing, within two days of the receipt by the local
child support agency or Attorney General of the notice of the
hearing.
(B) Service of the notice and the pleadings required pursuant to
subparagraph (B) of paragraph (1) shall be completed not later than
five days after receipt of the pleadings served on the local child
support agency by the parent.
(5) The local child support agency or Attorney General shall, in
order to implement this subdivision, make reasonable efforts to
ensure that the local child support agency or Attorney General has
current addresses for all parties to the child support action.
(g) The local child support agency or Attorney General shall give
notice to recipients of services under Section 17400 of every order
obtained by the local child support agency or Attorney General that
establishes or modifies the support obligation for the recipient or
the children who are the subject of the order, by sending a copy of
the order to the recipient. The notice shall be made within the time
specified by federal law after the order has been filed. The local
child support agency or Attorney General shall also give notice to
these recipients of every order obtained in any other jurisdiction
that establishes or modifies the support obligation for the recipient
or the children who are the subject of the order, and which is
received by the local child support agency or Attorney General, by
sending a copy of the order to the recipient within the timeframe
specified by federal law after the local child support agency or
Attorney General has received a copy of the order. In any action
enforced under Chapter 6 (commencing with Section 4900) of Part 5 of
Division 9, the notice shall be made in compliance with the
requirements of that chapter. The failure of the local child support
agency or Attorney General to comply with this subdivision does not
affect the validity of any order.
(h) The local child support agency or Attorney General shall give
notice to the noncustodial parent against whom a civil action is
filed that the local child support agency or Attorney General is not
the attorney representing any individual, including, but not limited
to, the custodial parent, the child, or the noncustodial parent.
(i) Nothing in this section shall be construed to preclude any
person who is receiving services under Section 17400 from filing and
prosecuting an independent action to establish, modify, and enforce
an order for current support on behalf of himself or herself or a
child if that person is not receiving public assistance.
(j) A person who is receiving services under Section 17400 but who
is not currently receiving public assistance on his or her own
behalf or on behalf of a child shall be asked to execute, or consent
to, any stipulation establishing or modifying a support order in any
action in which that person is named as a party, before the
stipulation is filed. The local child support agency or Attorney
General may not submit to the court for approval a stipulation to
establish or modify a support order in the action without first
obtaining the signatures of all parties to the action, their
attorneys of record, or persons authorized to act on their behalf.
Any stipulation approved by the court in violation of this
subdivision shall be void.
(k) The local child support agency or Attorney General may not
enter into a stipulation that reduces the amount of past due support,
including interest and penalties accrued pursuant to an order of
current support, on behalf of a person who is receiving support
enforcement services under Section 17400 and who is owed support
arrearages that exceed unreimbursed public assistance paid to the
recipient of the support enforcement services, without first
obtaining the consent of the person who is receiving services under
Section 17400 on his or her own behalf or on behalf of the child.
(l) The notices required in this section shall be provided in the
following manner:
(1) In all cases in which the person receiving services under
Section 17400 resides in California, notice shall be provided by
mailing the item by first-class mail to the last known address of, or
personally delivering the item to, that person.
(2) In all actions enforced under Chapter 6 (commencing with
Section 4900) of Part 5 of Division 9, unless otherwise specified,
notice shall be provided by mailing the item by first-class mail to
the initiating court.
(m) Notwithstanding any other provision of this section, the
notices provided for pursuant to subdivisions (c) to (g), inclusive,
are not required in foster care cases.
17407. (a) If the Attorney General is of the opinion that a support
order or support-related order is erroneous and presents a question
of law warranting an appeal, or that an order is sound and should be
defended on appeal, in the public interest the Attorney General may:
(1) Perfect or oppose an appeal to the proper appellate court if
the order was issued by a court of this state.
(2) If the order was issued in another state, cause an appeal to
be taken or opposed in the other state.
(b) In either case, expenses of the appeal may be paid on order of
the Attorney General from funds appropriated for the Office of the
Attorney General.
17408. (a) Notwithstanding Section 17404, upon noticed motion of
the local child support agency, the superior court may consolidate or
combine support or reimbursement arrearages owed by one obligor to
one obligee in two or more court files into a single court file, or
combine or consolidate two or more orders for current child support
into a single court file. A motion to consolidate may be made by a
local child support agency only if it is seeking to enforce the
orders being consolidated. The motion shall be filed only in the
court file the local child support agency is seeking to have
designated as the primary file.
(b) Orders may be consolidated regardless of the nature of the
underlying action, whether initiated under the Welfare and
Institutions Code, this code, or another law. Orders for support
shall not be consolidated unless the children involved have the same
mother and father and venue is proper pursuant to Section 17400.
(c) Upon consolidation of orders, the court shall designate which
court file the support orders are being consolidated into the primary
file, and which court files are subordinate. Upon consolidation, the
court shall order the local child support agency to file a notice in
the subordinate court actions indicating the support orders in those
actions were consolidated into the primary file. The notice shall
state the date of the consolidation, the name of the court, and the
primary file number.
(d) Upon consolidation of orders, the superior court shall not
issue further orders pertaining to support in a subordinate court
file; and all enforcement and modification of support orders shall
occur in the primary court action.
(e) After consolidation of court orders, a single wage assignment
for current support and arrearages may be issued when possible.
17410. In any action filed by the local child support agency
pursuant to Section 17402 or 17404, the local child support agency
shall provide the mother and the alleged father the opportunity to
voluntarily acknowledge paternity by signing a paternity declaration
as described in Section 7574 prior to a hearing or trial where the
paternity of a minor child is at issue. The opportunity to
voluntarily acknowledge paternity may be provided either before or
after an action pursuant to Section 17402 or 17404 is filed and
served upon the alleged father. For the purpose of meeting the
requirements of this section, the local child support agency may
afford the defendant an opportunity to enter into a stipulation for
judgment of paternity after an action for paternity has been filed in
lieu of the voluntary declaration of paternity.
17412. (a) Notwithstanding any other law, an action for child
support may be brought by the local child support agency on behalf of
a minor child or caretaker parent based upon a voluntary declaration
of paternity as provided in Chapter 3 (commencing with Section 7570)
of Part 2 of Division 12.
(b) Except as provided in Sections 7576 and 7577, the voluntary
declaration of paternity shall be given the same force and effect as
a judgment for paternity entered by a court of competent
jurisdiction. The court shall make appropriate orders for support of
the minor child based upon the voluntary declaration of paternity
unless evidence is presented that the voluntary declaration of
paternity has been rescinded by the parties or set aside by a court
as provided in Section 7575.
(c) The Judicial Council shall develop the forms and procedures
necessary to implement this section.
17414. In any action or proceeding brought by the local child
support agency to establish parentage pursuant to Section 17400, the
court shall enter a judgment establishing parentage upon the filing
of a written stipulation between the parties provided that the
stipulation is accompanied by a written advisement and waiver of
rights which is signed by the defendant. The written advisement and
waiver of rights shall be developed by the Judicial Council.
17415. (a) It shall be the duty of the county welfare department to
refer all cases in which a parent is absent from the home, or in
which the parents are unmarried and parentage has not been
established by the completion and filing of a voluntary declaration
of paternity pursuant to Section 7573 or a court of competent
jurisdiction, to the local child support agency immediately at the
time the application for public assistance, including Medi-Cal
benefits, or certificate of eligibility, is signed by the applicant
or recipient, except as provided in Section 17552 of this code and
Section 11477.04 of the Welfare and Institutions Code. If an
applicant is found to be ineligible, the applicant shall be notified
in writing that the referral of the case to the local child support
agency may be terminated at the applicant's request. The county
welfare department shall cooperate with the local child support
agency and shall make available all pertinent information as provided
in Section 17505.
(b) Upon referral from the county welfare department, the local
child support agency shall investigate the question of nonsupport or
paternity and shall take all steps necessary to obtain child support
for the needy child, enforce spousal support as part of the state
plan under Section 17604, and determine paternity in the case of a
child born out of wedlock. Upon the advice of the county welfare
department that a child is being considered for adoption, the local
child support agency shall delay the investigation and other actions
with respect to the case until advised that the adoption is no longer
under consideration. The granting of public assistance or Medi-Cal
benefits to an applicant shall not be delayed or contingent upon
investigation by the local child support agency.
(c) In cases where Medi-Cal benefits are the only assistance
provided, the local child support agency shall provide child and
spousal support services unless the recipient of the services
notifies the local child support agency that only services related to
securing health insurance benefits are requested.
(d) Where a court order has been obtained, any contractual
agreement for support between the local child support agency or the
county welfare department and the noncustodial parent shall be deemed
null and void to the extent that it is not consistent with the court
order.
(e) Whenever a family which has been receiving public assistance,
including Medi-Cal, ceases to receive assistance, including Medi-Cal,
the local child support agency shall, to the extent required by
federal regulations, continue to enforce support payments from the
noncustodial parent until the individual on whose behalf the
enforcement efforts are made sends written notice to the local child
support agency requesting that enforcement services be discontinued.
(f) The local child support agency shall, where appropriate,
utilize reciprocal arrangements adopted with other states in securing
support from an absent parent. In individual cases where utilization
of reciprocal arrangements has proven ineffective, the local child
support agency may forward to the Attorney General a request to
utilize federal courts in order to obtain or enforce orders for child
or spousal support. If reasonable efforts to collect amounts
assigned pursuant to Section 11477 of the Welfare and Institutions
Code have failed, the local child support agency may request that the
case be forwarded to the Treasury Department for collection in
accordance with federal regulations. The Attorney General, where
appropriate, shall forward these requests to the Secretary of Health
and Human Services, or a designated representative.
17416. (a) In any case where the local child support agency has
undertaken enforcement of support, the local child support agency may
enter into an agreement with the noncustodial parent, on behalf of a
minor child or children, a spouse, or former spouse for the entry of
a judgment without action determining paternity, if applicable, and
for periodic child and spousal support payments based on the
noncustodial parent's reasonable ability to pay or, if for spousal
support, an amount previously ordered by a court of competent
jurisdiction. An agreement for entry of a judgment under this section
may be executed prior to the birth of the child and may include a
provision that the judgment is not to be entered until after the
birth of the child.
(b) A judgment based on the agreement shall be entered only if one
of the following requirements is satisfied:
(1) The noncustodial parent is represented by legal counsel and
the attorney signs a certificate stating: "I have examined the
proposed judgment and have advised my client concerning his or her
rights in connection with this matter and the consequences of signing
or not signing the agreement for the entry of the judgment and my
client, after being so advised, has agreed to the entry of the
judgment."
(2) A judge of the court in which the judgment is to be entered,
after advising the noncustodial parent concerning his or her rights
in connection with the matter and the consequences of agreeing or not
agreeing to the entry of the judgment, makes a finding that the
noncustodial parent has appeared before the judge and the judge has
determined that under the circumstances of the particular case the
noncustodial parent has willingly, knowingly, and intelligently
waived his or her due process rights in agreeing to the entry of the
judgment.
(c) The clerk shall file the agreement, together with any
certificate of the attorney or finding of the court, without the
payment of any fees or charges. If the requirements of this section
are satisfied, the court shall enter judgment thereon without action.
The provisions of Article 4 (commencing with Section 4200) of
Chapter 2 of Part 2 of Division 9 or Chapter 4 (commencing with
Section 4350) of Part 3 of Division 9 shall apply to the judgment. A
judgment for support so entered may be enforced by any means by which
any other judgment for support may be enforced.
(d) Upon request of the local child support agency in any case
under this section, the clerk shall set the matter for hearing by the
court. The hearing shall be held within 10 days after the clerk
receives the request. The local child support agency may require the
person who signed the agreement for the entry of judgment to attend
the hearing by process of subpoena in the same manner as the
attendance of a witness in a civil action may be required. The
presence of the person who signed the agreement for entry of judgment
at the hearing shall constitute the presence of the person in court
at the time the order is pronounced for the purposes of Section
1209.5 of the Code of Civil Procedure if the court makes the findings
required by paragraph (2) of subdivision (b).
(e) The local child support agency shall cause the following to be
served, in the manner specified in Section 415.10, 415.20, 415.30,
or 415.40 of the Code of Civil Procedure, upon the person who signed
the agreement for entry of the judgment and shall file proof of
service thereof with the court:
(1) A copy of the judgment as entered.
(2) If the judgment includes an order for child or spousal support
payments, a notice stating the substance of the following: "The
court has continuing authority to make an order increasing or
decreasing the amount of the child or spousal support payments. You
have the right to request that the court order the child and spousal
support payments be decreased or eliminated entirely."
(f) An order for child and spousal support included in a judgment
entered under this section may be modified or revoked as provided in
Article 1 (commencing with Section 3650) of Chapter 6 of Part 1 of
Division 9 and in (1) Article 1 (commencing with Section 4000) of
Chapter 2 of Part 2 of Division 9 or (2) Chapter 2 (commencing with
Section 4320) and Chapter 3 (commencing with Section 4330) of Part 3
of Division 9. The court may modify the order to make the support
payments payable to a different person.
(g) For the purposes of this section, in making a determination of
the noncustodial parent's reasonable ability to pay, any relevant
circumstances set out in Section 4005 shall be considered.
(h) After arrest and before plea or trial, or after conviction or
plea of guilty, under Section 270 of the Penal Code, if the defendant
appears before the court in which the criminal action is pending and
the requirements of paragraph (1) or (2) of subdivision (b) have
been satisfied, the court may suspend proceedings or sentence in the
criminal action, but this does not limit the later institution of a
civil or criminal action or limit the use of any other procedures
available to enforce the judgment entered pursuant to this section.
(i) Nothing in this section applies to a case where a civil action
has been commenced.
17418. In enforcing the provisions of this division, the local
child support agency shall inquire of both the custodial and
noncustodial parent as to the number of minor children each is
legally obligated to support. The local child support agency shall
consider the needs of all of these children in computing the level of
support requested to be ordered by the court.
17420. After judgment in any court action brought to enforce the
support obligation of a noncustodial parent pursuant to the
provisions of this division, the court shall issue an earnings
assignment order for support pursuant to Chapter 8 (commencing with
Section 5200) of Part 5 of Division 9.
17422. (a) The state medical insurance form required in Article 1
(commencing with Section 3750) of Chapter 7 of Part 1 of Division 9
shall include, but shall not be limited to, all of the following:
(1) The parent or parents' names, addresses, and social security
numbers.
(2) The name and address of each parent's place of employment.
(3) The name or names, addresses, policy number or numbers, and
coverage type of the medical insurance policy or policies of the
parents, if any.
(4) The name, CalWORKs case number, social security number, and
Title IV-E foster care case number or Medi-Cal case numbers of the
parents and children covered by the medical insurance policy or
policies.
(b) (1) In any action brought or enforcement proceeding instituted
by the local child support agency under this division for payment of
child or spousal support, a completed state medical insurance form
shall be obtained and sent by the local child support agency to the
State Department of Health Services in the manner prescribed by the
State Department of Health Services.
(2) Where it has been determined under Section 3751 that health
insurance coverage is not available at no or reasonable cost, the
local child support agency shall seek a provision in the support
order that provides for health insurance coverage should it become
available at no or reasonable cost.
(3) Health insurance coverage shall be considered reasonable in
cost if the cost to the responsible parent providing medical support
does not exceed 5 percent of his or her gross income. In applying the
5 percent for the cost of health insurance, the cost is the
difference between self-only and family coverage. If the obligor is
entitled to a low-income adjustment as provided in paragraph (7) of
subdivision (b) of Section 4055, health insurance shall not be
enforced, unless the court determines that not requiring medical
support would be unjust and inappropriate in the particular case. As
used in this section, "health insurance coverage" also includes
providing for the delivery of health care services by a fee for
service, health maintenance organization, preferred provider
organization, or any other type of health care delivery system under
which medical services could be provided to the dependent child or
children of an absent parent.
(c) (1) The local child support agency shall request employers and
other groups offering health insurance coverage that is being
enforced under this division to notify the local child support agency
if there has been a lapse in insurance coverage. The local child
support agency shall be responsible for forwarding information
pertaining to the health insurance policy secured for the dependent
children for whom the local child support agency is enforcing the
court-ordered medical support to the custodial parent.
(2) The local child support agency shall periodically communicate
with the State Department of Health Services to determine if there
have been lapses in health insurance coverage for public assistance
applicants and recipients. The State Department of Health Services
shall notify the local child support agency when there has been a
lapse in court-ordered insurance coverage.
(3) The local child support agency shall take appropriate action,
civil or criminal, to enforce the obligation to obtain health
insurance when there has been a lapse in insurance coverage or
failure by the responsible parent to obtain insurance as ordered by
the court.
(4) The local child support agency shall inform all individuals
upon their application for child support enforcement services that
medical support enforcement services are available.
17424. (a) A parent who has been served with a medical insurance
form shall complete and return the form to the local child support
agency's office within 20 calendar days of the date the form was
served.
(b) The local child support agency shall send the completed
medical insurance form to the department in the manner prescribed by
the department.
17428. In any action or judgment brought or obtained pursuant to
Section 17400, 17402, 17404, or 17416, a supplemental complaint may
be filed, pursuant to Section 464 of the Code of Civil Procedure and
Section 2330.1, either before or after a final judgment, seeking a
judgment or order of paternity or support for a child of the mother
and father of the child whose paternity and support are already in
issue before the court. A supplemental judgment entered in the
proceedings shall include, when appropriate and requested in the
supplemental complaint, an order establishing or modifying support
for all children named in the original or supplemental actions in
conformity with the statewide uniform guideline for child support. A
supplemental complaint for paternity or support of children may be
filed without leave of court either before or after final judgment in
the underlying action. Service of the supplemental summons and
complaint shall be made in the manner provided for the initial
service of a summons by the Code of Civil Procedure.
17430. (a) Notwithstanding any other provision of law, in any
action filed by the local child support agency pursuant to Section
17400, 17402, or 17404, a judgment shall be entered without hearing,
without the presentation of any other evidence or further notice to
the defendant, upon the filing of proof of service by the local child
support agency evidencing that more than 30 days have passed since
the simplified summons and complaint, proposed judgment, blank
answer, blank income and expense declaration, and all notices
required by this division were served on the defendant.
(b) If the defendant fails to file an answer with the court within
30 days of having been served as specified in subdivision (d) of
Section 17400, or at any time before the default judgment is entered,
the proposed judgment filed with the original summons and complaint
shall be conformed by the court as the final judgment and a copy
provided to the local child support agency, unless the local child
support agency has filed a declaration and amended proposed judgment
pursuant to subdivision (c).
(c) If the local child support agency receives additional
financial information within 30 days of service of the complaint and
proposed judgment on the defendant and the additional information
would result in a support order that is different from the amount in
the proposed judgment, the local child support agency shall file a
declaration setting forth the additional information and an amended
proposed judgment. The declaration and amended proposed judgment
shall be served on the defendant in compliance with Section 1013 of
the Code of Civil Procedure or otherwise as provided by law. The
defendant's time to answer or otherwise appear shall be extended to
30 days from the date of service of the declaration and amended
proposed judgment.
(d) Upon entry of the judgment, the clerk of the court shall
provide a conformed copy of the judgment to the local child support
agency. The local child support agency shall mail by first-class
mail, postage prepaid, a notice of entry of judgment by default and a
copy of the judgment to the defendant to the address where he or she
was served with the summons and complaint and last known address if
different from that address.
17432. (a) In any action filed by the local child support agency
pursuant to Section 17400, 17402, or 17404, the court may, on any
terms that may be just, set aside that part of the judgment or order
concerning the amount of child support to be paid. This relief may be
granted after the six-month time limit of Section 473 of the Code of
Civil Procedure has elapsed, based on the grounds, and within the
time limits, specified in this section.
(b) This section shall apply only to judgments or orders for
support that were based upon presumed income as specified in
subdivision (d) of Section 17400 and that were entered after the
entry of the default of the defendant under Section 17430. This
section shall apply only to the amount of support ordered and not
that portion of the judgment or order concerning the determination of
parentage.
(c) The court may set aside the child support order contained in a
judgment described in subdivision (b) if the defendant's income was
substantially different for the period of time during which judgment
was effective compared with the income the defendant was presumed to
have. A "substantial difference" means that amount of income that
would result in an order for support that deviates from the order
entered by default by 10 percent or more.
(d) Application for relief under this section shall be filed
together with an income and expense declaration or simplified
financial statement or other information concerning income for any
relevant years. The Judicial Council may combine the application for
relief under this section and the proposed answer into a single form.
(e) The burden of proving that the actual income of the defendant
deviated substantially from the presumed income shall be on the party
seeking to set aside the order.
(f) A motion for relief under this section shall be filed within
one year of the first collection of money by the local child support
agency or the obligee. The one-year time period shall run from the
date that the local child support agency receives the first
collection.
(g) Within three months from the date the local child support
agency receives the first collection for any order established using
presumed income, the local child support agency shall check all
appropriate sources for income information, and if income information
exists, the local child support agency shall make a determination
whether the order qualifies for set aside under this section. If the
order qualifies for set aside, the local child support agency shall
bring a motion for relief under this section.
(h) In all proceedings under this section, before granting relief,
the court shall consider the amount of time that has passed since
the entry of the order, the circumstances surrounding the defendant's
default, the relative hardship on the chil