Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State California State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State administered, County operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? There are 52 local child support agencies with which the Department of Child Support Services has cooperative agreements. This includes 11 counties that have regionalized into 6 regions. A3. With what types of agencies do you have cooperative agreements? Local child support agencies; Departments of Justice, Insurance, Consumer Affairs, Motor Vehicles, Corporations, and Real Estate; Employment Development Department; Franchise Tax Board; Secretary of State; State Bar of California; Judicial Council of California; Commission on Teacher Credentialing; Office of Real Estate Appraisers. A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? N/A A4.1. If yes, what is the statutory citation? For Additional Information - N/A A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? N/A A4.3. If yes, please explain.   B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 8/4/1997   B2. What is the effective date of your State's UIFSA? 1/1/1998 B3. What is the statutory citation for your State's Act? Family Code § 4900 et seq. For Additional Information - http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20 B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 1996 B4.1. If your state has implemented the 2001 version, when was it implemented?. If your state has implemented the 2001 version, when was it implemented? N/A B5. Optional comments regarding your State's UIFSA. N/A C. Reciprocity C1. With what foreign countries does your State reciprocate? Canadian Provinces of Prince Edward Island and Quebec, every state in Mexico, Austria, Bermuda, Fiji, France, Germany, New Zealand, South Africa, and Sweden C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? No C1.2. If yes, please explain. N/A C2. Has your State established reciprocity with any Tribal courts? No C2.1. If yes, list the Tribes and identify services provided, if less than full services. N/A D. Age of Majority D1. What is the age of majority in your State? 18 years except an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, is considered a minor until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. D2. What is the statutory citation for the age of majority? Family Code § 3901. For Additional Information - http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20 D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. See D1. D4. Does the date of the order impact what law is applied? No D4.1. If yes, please explain. N/A D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. N/A D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If yes, please explain. Notwithstanding D1, statute extends the parents' duty to support an incapacitated child when the child, regardless of age, is incapacitated from earning a living and is without sufficient means. In these situations, the court is allowed to order support beyond the child's majority. (Family Code § 3910) D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? Yes D7.1. If yes, please describe the procedure. In the case of an allocated order the child support is granted on a per child basis. When the child emancipates, the amount of current support charged is automatically reduced by the amount originally allocated to that emancipating child. However, if the case has an unallocated order, the current support amount is not affected by the emancipation of a child in the case of multiple children for unallocated orders. E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? There is no statute of limitations in California. Child support is enforceable until paid in full. (Family Code § 4503) E2. What is your State's statute of limitations for paternity establishment? Paternity can be established at any time. IV-D will do this until the age of majority for any child who is not incapacitated. For Additional Information - http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20 E3. Is dormancy revival/renewal possible? Yes   E3.1. Please explain the circumstances when possible, and the length of time possible. Renewal is possible but not necessary because support orders are enforceable until paid in full. (Family Code § 4502) F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Shared Income Model. The formula uses the percentage of both parents' net disposable incomes, adjusted according to the percentage of time each parent has primary physical responsibility for child. (Family Code § 4050 et seq.) For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? A. Statutory rate of 10% per annum, interest accrues from date of entry of judgment on lump sum due, and from date installment is due if payable in installments. F2.1. If yes, please indicate the amount of interest charged and any related conditions. Interest is charged at the statutory rate of 10% per annum. Interest accrues beginning the first day of the month following either the date the installment is due (if payable in installments), or from the date of entry of judgment. (Code of Civil Procedure §'s 685.010, 685.020, and 685.030, Family Code Section 17433.5) F3. Does your State charge interest on retroactive support? Yes F3.1. If yes, please indicate the amount of interest charged and any related conditions. See F2.1 F4. Does your State charge interest on adjudicated arrears? Yes F4.1. If yes, please indicate the amount of interest charged and any related conditions. See F2.1 For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes F5.1. If yes, under what circumstances? California will enforce a medical support debt for any percentage that has been reduced to a dollar amount in a judgment. (Family Code Section 4061-4063) F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? No F6.1. If yes, what costs are recovered from/fees charged to the obligee? N/A F6.2. What costs are recovered from/fees charged to the obligor? N/A F7. Does your State recover costs on behalf of the initiating State? Yes   F7.1. Optional comments regarding recovering of initiating State's fees. Genetic Test Fees F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. Code of Civil Procedure § 410.10 and Family Code §'s 4905 - 4914. For Additional Information - http://www.leginfo.ca.gov/calaw.html F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes F9.1. If yes, under what circumstances? The California IV-D agency will not establish or modify spousal support only orders. Spousal support orders will be enforced if the IV-D agency is enforcing the child support order and the child(ren) are living with the spousal support obligee. (California Code of Regulations, Title 22, Division 13, § 112100(b)(2)(A)) (Family Code §'s 4351(b) and 17400(h)) F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner. No income information, except in extraordinary cases where excluding the income would lead to extreme hardship to the child subject to the child support, in which case, the court would also consider if including the income would lead to hardship to any child supported by the obligor/obligee or their spouse or partner. (Family Code § 4057.5) F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? For the current year, the state has elected to remit to the federal government the federal share of the fee on behalf of families. F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? No. F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? No. F11.3. Does your State collect the fee from the absent parent? No. F11.4. Does your State pay the fee out of its own funds? Yes, California has elected, on an interim basis, to pay this fee. F12. When will your State implement the required DRA limited-assignment provision? The anticipated effective date is October 1, 2009. F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? Pursuant to Family Code 17504, California will continue to only pass through and disregard $50 per month of current support collections. F13.1. If yes, provide the date. F14. Will your State participate in the pass through in Former Assistance cases? No. California has not proposed to participate in the pass-through in Former Assistance cases. F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? No. California will retain all pre/post 1997 assignments. F15.1. If yes, list the eligible assignments your State would discontinue. N/A F15.2. When will your State discontinue each type of assignment? N/A F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? California will continue PRWORA distribution rules in accordance with FDRA provisions. F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? "Income withholding order," "assignment order," "assignment order for support," "earnings assignment order," "wage assignment order," "direct income withholding," "earnings withholding order," "garnishment," "immediate wage withholding," "income withholding for support," "order/notice to withhold income," "wage assignment," "wage attachment," "withholding order for support." Any such order issued by the local child support agency shall be issued on the federal form "Order/Notice to Withhold Income for Child Support," OMB Control No. 0970-0154, as adopted by the California Judicial Council. G2. What specific source of income is not subject to withholding? Needs based income sources, such as TANF, CalWORKs, SSI/SSP, and General Assistance are not subject to wage withholding. (Family Code § 17516, Welfare & Institutions Code 10051); US Dept. of Veterans Affairs disability benefits, except as renumeration for employment defined in 42 USC, Section 659(a) and (h). For Additional Information - http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20 G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? Yes G3.1. If yes, what are those limits? Except as provided by the court, the maximum withholding is 50% of the disposable earnings. (Code of Civil Procedure Section 706.052 G4. What is the allowable fee per pay period for processing income withholding payments? $1.50 per withholding. (Family Code § 5235(d), Code of Civil Procedure § 706.034) For Additional Information - No Link Provided G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? As soon as possible but not later than 10 days after service of the order on the employer. (Family Code § 5233, Code of Civil Procedure § 706.022) G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Within 7 business days of the date the noncustodial parent is paid. (45 Code of Federal Regulations 303.100(e)ii and Family Code § 5235(c)) G7. What are your State's procedures for sanctioning employers for not implementing income withholding? Local child support agencies may pursue contempt charges and/or obtain a court order requiring payment of support by electronic funds transfer from the employer's bank account. The obligee may seek a civil penalty of $500 from the employer for each occurrence. (Family Code § 5241, Code of Civil Procedures § 706.030(b)(4)) G8. What is the penalty to an employer for failure to remit payments withheld? Employers are subject to contempt charges and are liable for the amount of support not remitted including interest. Local child support agencies may obtain a court order requiring payment of support by electronic funds transfer from the employer's bank account. The court may impose a fee of up to 50% of the support amount that has not been received by the obligee. The employer shall be subject to a civil penalty of $500 for each occurrence. (Family Code § 5241, Code of Civil Procedure Section 706.030(b)(4)) G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. N/A G9.2. Optional comments regarding direct withholding of UI benefits across state lines. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. Income withholding may only be used to garnish temporary disability benefits paid by the obligor's insurer. (California Family Code Sections 5206(d); 5246; California Code of Civil Procedure Sections 704.160(b) and (c)). G11. How does an obligor contest income withholding in your State? Within 10 days after the delivery of the copy of the assignment order to the obligor by the employer, a motion to quash must be filed with the court issuing the order to request a hearing. (Family Code §'s 5270 and 5271) G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). When there are multiple assignment orders for the same employee, the employer is instructed to prorate the withheld payments as follows: If the NCP has more than one assignment for support, the employer totals the amounts due for all assignments. If 50% of the NCP's net disposable earnings cannot satisfy all of the assignments, the employer prorates first among all the current assignments, in the same proportion that each assignment is to the total current support owed. Any remainder is applied to the assignments for arrears, in the same proportion that each assignment is to the total arrears owed. (Family Code § 5238) G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. See G12 For Additional Information - http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20 G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? Yes. (22 California Code of Regulations Section 110280) G14. When does your state require the employer to send notice of an employee's termination? At the time the next payment is due on the wage assignment. (Family Code Section 5282). For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? The employer must retain the IWO until such time that the IWO has been terminated. (Family Code Section 5231, 5235) G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No. G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? No. G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Any IV-D agency whether in state or out of state may send a direct income withholding to any of the following: Employer, Insurance Company or any person or entity paying earnings as defined under Family Code Section 5206, 5210, California Code of Civil Procedure Sections 704.130, 706.011, 706.030 and 706.052. An income withholding is not sent to financial institutions or Bureau of Workers Compensation. (Family Code Sections 5210, 5230, 5230.1, California Code of Civil Procedure Section 704.160(b) and (c). For Additional Information - No Link Provided G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Priority shall be given as follows: 1) Current child, family and/or spousal support; 2) Health insurance premiums or Medical Support; 3)Amounts ordered for payments on arrears and; 4)any remaining court ordered amounts. Exception: For non Title IV-A cases, the custodial party may elect to have health insurance premiums deducted before current support. (22 California Code of Regulations Section 116116 (b)(2). For Additional Information - No Link Provided H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No H1.1. If yes, please explain. N/A H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? California law requires a paternity index of 100 or greater and does not specify a percentage to create a rebuttable presumption of paternity. (Family Code § 7555) For Additional Information - No Link Provided H3. Optional comments regarding paternity acknowledgment conclusive legislation. The voluntary declaration of paternity may be rescinded within 60 days after it was signed. It can be set aside up to two years after it was signed due to fraud, duress, or material mistake of fact. The set aside must be done in court. (Family Code § 7575) H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 1/1/1997   H4.1. Were acknowledgments prior to that effective date rebuttable? Yes H4.2. Optional comments regarding paternity acknowledgments prior to that date. Declarations of paternity signed between 1/1/95 and 12/31/96 created a conclusive presumption which was rebuttable by any person requesting blood or genetic tests within three years of the date of execution of the declaration by the attesting father, or by the attesting mother, whichever signature is later. (Family Code § 7576) H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? Marriage constitutes a rebuttable presumption of paternity up to two years from the date of the birth of the child. After those two years, marriage constitutes a conclusive presumption of paternity. A husband may move for blood tests within two years of the child's birth. (Family Code § 7541) H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No   H6.1. If no, briefly explain. A father's name on the birth certificate for a child born prior to 1/1/95 carries no evidentiary weight of paternity. For children born after 1995, the Declaration of Paternity form itself, not the name of the father on the birth certificate, carries the evidentiary weight. The father's name on the birth certificate after 1/1/97 is a strong indication paternity has been established, but this must be confirmed by the existence of a filed paternity form. (Health and Safety Code § 102425) For Additional Information - No Link Provided H7. Does your State have any other paternity-related presumptions? Yes   H7.1. If yes, briefly explain. Putative father and child's natural mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated; before the child's birth, the putative father and natural mother attempted to marry and the child is born during the attempted marriage or within 300 days of termination of marriage or cohabitation; after the child's birth the putative father and natural mother attempted to marry, and he consented to listing his name on the birth certificate, or is obligated by a written voluntary agreement or court order to support the child; the putative father receives the child into his home and openly holds out the child as his natural child; the paternity index is 100 or greater. (Family Code §'s 7555,7610 - 7614) For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? No  H8.1. If yes, what is the name of that entity? N/A H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. The official paternity documents and data are maintained by the California Department of Child Support Services (not the Vital Statistics Agency) through a vendor. There is no charge for a search or to obtain a certified copy of a Paternity Declaration. The state Office of Vital Records and local registrars do charge various fees for the documents they maintain. (Family Code §'s 7570 - 7577) H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. N/A For Additional Information - N/A H10.2. When did your current common law standard go into effect? H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? N/A H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Written depositions and interrogatories accepted; generally teleconferencing and videotaping are not accepted in absence of stipulation or court approval; court may designate judge of initiating court as a person before whom a deposition may be taken. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. Code of Civil Procedure § 410.10 and Family Code §'s 4905 - 4914. For Additional Information - http://www.leginfo.ca.gov/calaw.html H13. Does your State recover genetic testing costs for other States? Yes   H13.1. If so, please explain. If the fee is court ordered we will collect the costs of genetic testing. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Unwed parents may establish paternity by signing a voluntary declaration of paternity at the hospital after the baby is born to ensure the father is listed on the birth certificate. If the parents do not sign it at the hospital, they can sign it later but it may result in a longer, complicated process to amend the birth record. H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? 1/1/97, see H6.1 H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One set of documents with the paternity affidavit for each child included in the packet. I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? Judicial I1.1. If your State can establish under both, under what circumstances would the administrative process be used? N/A I1.2. Under what circumstances would the judicial process be used? N/A I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. N/A For Additional Information - N/A I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) Net monthly disposable income of each parent is considered. (Family Code § 4050 et seq.) For Additional Information - http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20 I3. What criteria for rebutting your presumptive guidelines have been established in your State? Support guidelines may be rebutted by admissible evidence showing that application of the formula would be unjust or inappropriate in the particular case. Support is not assigned and parties stipulate to a different amount; deferred sale of home and rental value exceeds mortgage payments, homeowner's insurance, and taxes; parent ordered to pay support has extraordinarily high income; parent is not contributing to child's needs commensurate with that parent's custodial time; application of formula would be unjust or inappropriate due to extraordinary circumstances. (Family Code § 4057) For Additional Information - No Link Provided I4. Will your State establish support orders for prior periods? No  I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? N/A I4.2. What information or documentation does your State require to proceed? N/A For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? No I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. N/A I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? California uses the judicial process. For Additional Information - No Link Provided I6. What is your State's statutory authority for the administrative process? N/A For Additional Information - N/A I7. Is there a local State law that allows an interstate administrative subpoena? Yes. California Government Code Section 7480(l)-(m). For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? No I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? The other jurisdiction should request modification. J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative. (Code of Civil Procedure §'s 708.730 - 708.795) J2. Is the lien process in your State judicial, administrative or both? Both. Judicial: Money judgment or order needed first. Administrative: Liens perfected by filing with the appropriate agency. J2.1. What are the trigger criteria for filing a lien? Real Property (California Code of Regulations, Title 22, Division 13, § 116130): Title IV-D child support money judgment or order is received by a local child support agency; a case is opened for enforcement of an existing order or judgment; or an existing order is registered for enforcement. Personal Property (Family Code § 17523): Title IV-D child support money judgment or order is being enforced by a local child support agency; and the obligor is delinquent in child support payments. For Additional Information - No Link Provided J2.2. Where are your State liens filed? Real Property - County Recorder's Office. Personal Property - Secretary of State J2.3. Does your State charge a fee for filing a lien? Yes J2.4. If yes, please indicate the amount. Amount varies. Both the County Recorder's Office and the Secretary of State charge a filing fee. J.3. Does your State enforce property seizure and sale? Yes J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Both. J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative. (Family Code Section 17453) J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? A Child Warning Notice is sent to the obligor upon becoming delinquent and then at least once every 12 months thereafter. J4.2. Does your State's income withholding definition includes amounts in financial institutions? No For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? No J4.3.1 If yes, who notifies the NCP, the State or financial institution? N/A J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? N/A J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? The obligor is eligible when the court-ordered amount is equal to 60 days of support and the aggregate amount exceeds $100 (Family Code Section 17500(c)). J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? An amount equal to 60 days of the court-ordered support payment, of which the aggregate amount exceeds $100 (Family Code Section 17500(c)). For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? Yes, more than 60 days providing that the aggregate amount is more than $100, Family Code Section 17500(c). In addition, the obligor may qualify for an exemption of $3,500 under the following criteria: 1). The court has ordered the obligor to make scheduled payments on a child support arrearage and the obligor is in compliance with that order; 2). An Income Withholding Order that includes an amount of past-due support has been served on the obligor's employer and earnings are being withheld per the Income Withholding Order; or 3). At least 50% of the obligor's earnings are being withheld for support. (Family Code Section 17453(j)(1)(A)(B)(C)). J5.3. 1. If yes, please provide the time frame. More than 60 days. J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage. N/A J5.4.2. Is the percentage different for joint accounts? No J5.4.3. If yes, please define. N/A J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. No J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? N/A J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? The claim of exemption shall be considered timely filed if the monies levied have not yet been disbursed. For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? N/A J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? An obligor who is eligible for the statutory $3500 exemption may make an additional claim of exemption based solely on hardship (Family Code Section 17453(j)(3)). The superior court in the county in which the local child support agency is enforcing the support obligation shall have jurisdiction to determine the amount of exemption that will be allowed. (Family Code Section 17453 (j)(7)). For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? Judicial: An obligor issued an Exempt Order to Withhold has the right to file a claim of exemption in local California court (Family Code Section 17453 (j)(3)). Administrative Policy: Once a levy has been issued, an obligor can contact the department prior to the levy remit date regarding possible hardship. The department can review obligor's bank statements, deposits and related information to determine whether remittance of held funds will cause hardship. J5.11. What are your State's penalties for incorrect seizures? The financial institution incurs no obligation or liability form compliance with an Order to Withhold unless amounts are refunded to the financial institution. If the seizure is incorrect, the amounts taken will be refunded to the financial institution and the levy will be withdrawn. (Family Code Sections 17453(f); 17456). J5.12. Is the second challenge administrative, judicial or both? N/A J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? Ten days from receipt of notice. No unique requirements. Non-debtor has same appeal rights as obligor. The non-debtor may have to provide copies of bank statement and deposits. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Both centralized and automated J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? No J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No   J5.16.1. If yes, what is the amount? N/A J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? Yes J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. The financial institution, person or securities intermediary in possession or control of the financial asset shall liquidate the financial asset in a commercially reasonable manner within 20 days of the issuance of the levy or the notice to withhold. If the value of the financial assets exceeds the total amount of support due, the obligor may, within 10 days after the service of the levy or notice to withhold, instruct the person, financial institution, or securities intermediary which financial assets are to be sold to satisfy the obligation for delinquent support. Within 5 days of liquidation, financial institution, person or securities intermediary shall transfer to the local child support agency, the Franchise Tax Board, or the department, as applicable, the proceeds of the liquidation, less any reasonable commissions or fees, or both, which are charged in the normal course of business (Family Code Section 17522.5). For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period?. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Yes, the local child support agency shall notify the department within 2 business days of the receipt of a claim of exemption from an obligor. The department then directs the financial institution subject to the order pending notification by the department to remit or release the amounts held. (Family Code Section 17453 (j)(6)). For Additional Information - No Link Provided J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? The institution must transmit all available funds, up to the full amount, to the department no earlier than 10 business days after receipt of the Order to Withhold. (Family Code Section 17454(d)). For Additional Information - No Link Provided J6. Does your State withhold State funds or benefits? Yes   J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? Administrative - Worker's compensation (Code of Civil Procedure Section 704.160 and Family Code Sections 5206 and 5246); Unemployment compensation benefit intercept (Family Code Section 17518); Lottery/Other money owed by the State intercept (Code of Civil Procedure Sections 708.730 and 708.795 and Government Code Section 12419.5); State disability insurance compensation benfit intercept (Code of Civil Procedure Section 704.130 and Family Code Section 17518); State tax refund offset (Code of Civil Procedure Sections 708.730, 708.780 and 708.795); Contract for services earning offset (Family Code Sections 17400 and 17500 and Article 5, Chapter 5, Part 10.2, Division 2 of the Revenue and Taxation Code). J7. Please describe any other administrative enforcement procedures your State may have.. Please describe any other administrative enforcement procedures your State may have. Application to OCSE for collection by the Secretary of the Treasury. J8. Please describe any other judicial enforcement procedures your State may have. Civil or criminal contempt proceedings, Seek Work Orders, Order for Child Support Security Deposit (Security Deposit of Money, Security Deposit of Assets), Writs of Execution, Order of Examination, Qualified Domestic Relations Order, (Earnings Assignment Order for Support), Earnings Withholding Order, Creditor's Claim, Probate Lien, and Notice of Lien. J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? For Additional Information - No Link Provided J10. Which of our State's enforcement remedies are available without registration? The Income Withholding Order for support issued in another state may be sent to the person or entity defined as the obligor's employer without first filing a petition or comparable pleading or registering the order with a court in California. (Family Code Section 4940). J11. Describe your State's registration and enforcement procedures. Registrations are completed upon filing of the order with the registering court. A support or income withholding order of another state may be registered in California by providing the required documents and information to the appropriate California court. (Family Code Section 4951). J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. N/A J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. Code of Civil Procedure Section 1710.10 et seq. (Sister State Judgments) and Code of Civil Procedure Section 1713 et seq. (Uniform Foreign Money Judgments Recognition Act). For Additional Information - http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp&codebody=&hits=20 J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? No J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). The other state must submit a Transmittal #3 to the Central Registry to include all relevant information, including the obligor's name and the name, address and account number of the financial institution. Requests to place a lien on a bank account in California are forwarded to the department. J15. Does your State use credit bureau reporting as an enforcement method? J15. Does your State use credit bureau reporting as an enforcement method? Yes J16. Provide which credit bureaus your State report an obligor's child support information? Equifax, Trans Union, Innovis, and Experian. J16. Provide which credit bureaus your State report an obligor's child support information? J17. Is the method for credit bureau reporting judicial, administrative or both? J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative. J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? California reports an obligor's child support information to credit bureaus when it is the responding state pursuant to OCSE AT-98-30. J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? All court-ordered child support cases must be submitted for credit reporting, whether the obligor is current or past-due on their court-ordered obligation. The obligor will be sent a notification 30 days prior to being reported to the credit reporting agency to be given an opportunity to contest. (Family Code Section 4701) J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus?   K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every 3 years in TANF cases or when there is a change in circumstances or upon the request of either party. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Every 3 Years in TANF cases or when there is a change in circumstances or upon the request of either party. K3. Briefly describe your State's modification procedure. Judicial. The local child support agency will seek to adjust the order via a Notice of Motion, order to show cause, or stipulation. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? A change in circumstances is expected to last more than 3 months, and will alter the amount of support by at least 20% or $50, whichever is less; or the parties stipulated to an order below the amount established by guidelines and are now requesting an adjustment. No change in circumstances needs to be demonstrated to modify the order to the applicable guideline level or above. The counties can proceed when the request for an adjustment is based on the need to include health care. The counties may, but are not required to, review any case if the case has been reviewed for adjustment within the last 6 months. (Family Code § 4065(d)) K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? Change in custody; change in employment status; change in parenting time; change in travel expenses for visitation; financial hardship on the obligee/obligor; obligee/obligor begins or ceases receiving unemployment benefits, state disability, or workers compensation benefits; additional child support orders; change in the obligee/obligor's health insurance premium; release of the obligee/obligor from incarceration or psychiatric facility; determination that the order does not include a provision for medical support; obligor becomes disabled; order based on presumed income and actual income becomes known; obligee/obligor is a reservist in the military and is called to active duty; to accommodate seasonal or fluctuating income of either parent. K6. Does your State have cost of living adjustments (COLAs)? No K6.1. If so, what index does your State use? N/A K7. How does your State credit SSA disability to current and past due support? Payments shall be credited toward the amount ordered for that month unless the payments made were taken into consideration by the court in determining the amount of support. If a lump-sum payment is received by the CP, credit shall be given for each month for which the lump-sum payment was made. If the CP refuses to apply for the benefits or cooperate with the appropriate federal agency, the NCP shall be credited toward the amount ordered by the court in the amount that the child would have received. The credit shall continue until the child would no longer be eligible for the benefits or the order is no longer in effect, whichever occurs first (Family Code §'s 4504(b) and (c)) K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. No K8.1. If yes, please explain the situation? N/A K8.2. What is the statutory citation for your abatement law? N/A For Additional Information - N/A K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. To intercept unemployment or disability insurance benefits from CA that are being paid to an NCP in another state, submit your request on a Transmittal #1 with a copy of the order and the amount of arrears to the Central Registry. K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. If the child was born in CA after 1/1/97, you may request a copy of the paternity acknowledgement by contacting the Paternity Opportunity Program at (866) 249-0773, or writing to: DCSS, POP, P.O. Box 419070, Rancho Cordova, CA 95741-9070. Email: askpop@dcss.ca.gov. Copies of birth certificates may be ordered from: Office of Vital Records, MS 5103, P.O. Box 997410, Sacramento, CA 95899-7410, or www.dhs.ca.gov/hisp/chs/OVR/ordercert.htm. The phone number is (916) 445-2684, and the fee is $14. K9. What information is required to register an out-of-State order for enforcement/modification? For enforcement: A Transmittal #1, Registration Statement, one certified copy of the order, and a certified month-by-month accounting of arrears if applicable. For modification: In addition to the above, a Uniform Support Petition and a General Testimony. L. Lump Sum Payments L1. Does your State define a lump sum payment? No     L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? N/A L1.2 Provide the statutory citation. N/A For Additional Information - No Link Provided L2. Does your State law require employers to report lump sum payments? No   L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? N/A L4. How are employers instructed to report a pending lump sum? California does not require employers to proactively report current or future lump sum payments. As noted, employers are only required to report lump sum payments if specifically stated by the courts order. However, lump sum payments are treated as income pursuant to California Family Code Sections 5206 and are therefore subject to withholding. Therefore, if an employer knows in advance that an employee will be receiving a lump sum payment or bonus, the employer is encouraged to contact the LCSA or the entity specified on the income withholding order to make arrangements to withhold up to 50 percent of the lump sum payment or bonus. L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. There is no specific timeframe required for the local child support agency (LCSA) to respond to the employer. However, once an employer notifies the LCSA of a pending lump-sum payment, the LCSA may issue a "One-Time Order/Notice - Lump Sum Payment" using Income Withholding for Support (OMB 0970-0154) to attach the lump sum. In addition, the state Department of Child Support Services conducts outreach to specific large employers and collects pending lump sum payment information. L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? Employers are required to withhold the lump sum payment from the first pay period that occurs 10 days after the income withholding order is issued. The lump sum withholding must then be remitted to the California State Disbursement Unit (SDU) within 7 days after the withholding for distribution to the custodial party(s). L7. Does your State use the income withholding order to attach the lump sum payment? Yes   L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? A separate Income Withholding Order is sent for the lump sum because the lump sum is not noted on the original order. L8. Does your State use the lien/levy process to attach the lump sum payment? Yes   L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? A levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the employer. (Code of Civil Procedure Section 706.021.) L9. What other documents does your State use to attach lump sum payments? A Workers Compensation Lien may be filed with the Workers Compensation Appeals Board for workers compensation lump sum payments. (8 California Code of Regulations Section 10770.) Notice of Lien may be filed with California Superior Court for civil lump sum payments. (Code of Civil Procedure Section 491.410.) L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? Yes   L10.1 If yes, what are those limits? Yes, Family Code section 5246(d)(2) authorizes the local child support agency to include an amount for liquidation of arrearages not to exceed the maximum amount authorized by 15 United States Code section 1673(b). 22 California Code of Regulations Section 116100(a)(3) states that the maximum amount that may be withheld from salary or wages toward the liquidation of any support arrearage cannot exceed 50% of obligors net disposable earnings. For Additional Information - http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20 L10.2 If no, what percentage is the employer required to withhold? N/A L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? Yes   L11.1 If yes, would the employer only withhold for that period's obligation? The lump sum payment and the regular wages would be considered the obligors income for the specified pay period. The employer would withhold up to the 50% maximum withholding amount from the lump sum and up to the 50% maximum withholding amount from the regular wages. (Code of Civil Procedure Section 706.052) M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No   M2.1. If yes, provide the statutory citation N/A For Additional Information - N/A M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. N/A M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. N/A M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? N/A M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. A total delinquency balance of $500 or more. M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). N/A M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). N/A M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. N/A For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? N/A M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? Need to research M3.1. Please provide the statutory citation. Need to research For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). Income Withholding Order (IWO); Judicial Council Notice of Lien (Form EJ 185); California Insurance Intercept Program (CIIP) Demand Request. M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? The insurance company is required to serve a copy of the IWO to the non-custodial parent within 10 days of receipt by the State. M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. California Family Code Section 5234(b). For Additional Information - No Link Provided M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. Need to research For Additional Information - http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20 M6. Are there attorney fees associated with the insurance intercept activity? Need to research M7. How does another State initiate and intercept collections from your State Workers Compensation agency? There are two distinct actions for Workers' Compensation. (1) The Income Withholding Order must be used to attach Temporary Disability Benefits per Code of Civil Procedure section 704.160. (2) A lien must be used to attach a Permanent Disability Lump Sum payment per 8 CCR 10770. M7.1. What is the process, the points of contact, and what forms must be completed? (1) Send the Income Withholding Order to the insurance company that is paying Temporary Disability Benefits (i.e., recurring monthly benefits). (2) Liens to attach Permanent Disability Lump Sum payments must be filed with the Workers Compensation Appeals Board (WCAB) and meet the requirements of Labor Code section 4903 as well as 8 CCR 10228 et. seq. The forms (including the WCAB 6 Notice and Request for Acknowledgement of Lien and EAMS cover sheet and document separator sheets) must be filed with the WCAB. The forms are available on-line via the Department of Industrial relations web-site @ www.dir.ca.gov Dedicated To Enforcing Your Support Order.
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