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Family Code - FAM - FAM § 1615
Family Code - FAM - FAM § 1615
(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following: (1) That party did not execute the agreement voluntarily. (2) The agreement was unconscionable when it was executed and, before execution of the agreement
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Family Code - FAM - FAM § 1616
Family Code - FAM - FAM § 1616
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
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Family Code - FAM - FAM § 1617
Family Code - FAM - FAM § 1617
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available
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Family Code - FAM - FAM § 1620
Family Code - FAM - FAM § 1620
Except as otherwise provided by law, spouses cannot, by a contract with each other, alter their legal relations, except as to property.
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Family Code - FAM - FAM § 170
Family Code - FAM - FAM § 170
(a) As used in this code, unless the context otherwise requires, the terms “Indian,” “Indian child,” “Indian child’s tribe,” “Indian custodian,” “Indian organization,” “Indian tribe,” “reservation,” and “tribal court” shall be defined as provided in Section 1903 of the Indian Chi
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Family Code - FAM - FAM § 17000
Family Code - FAM - FAM § 17000
The definitions contained in this section, and definitions applicable to Division 9 (commencing with Section 3500), shall govern the construction of this division, unless the context requires otherwise. (a) “Child support debt” means the amount of money owed as child support purs
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Family Code - FAM - FAM § 17200
Family Code - FAM - FAM § 17200
The Department of Child Support Services is hereby created within the California Health and Human Services Agency. The department shall administer all services and perform all functions necessary to establish, collect, and distribute child support.
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Family Code - FAM - FAM § 17202
Family Code - FAM - FAM § 17202
(a) The department is hereby designated the single organizational unit whose duty it shall be to administer the Title IV-D state plan for securing child and spousal support, medical support, and determining paternity. State plan functions shall be performed by other agencies as r
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Family Code - FAM - FAM § 17204
Family Code - FAM - FAM § 17204
The department consists of the director and such division or other administrative units as the director may find necessary.
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Family Code - FAM - FAM § 17206
Family Code - FAM - FAM § 17206
The department shall ensure that there is an adequate organizational structure and sufficient staff to perform functions delegated to any governmental unit relating to Part D (commencing with Section 651) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code, includi
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Family Code - FAM - FAM § 17208
Family Code - FAM - FAM § 17208
(a) The department shall reduce the cost of, and increase the speed and efficiency of, child support enforcement operations. It is the intent of the Legislature to operate the child support enforcement program through local child support agencies without a net increase in state G
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Family Code - FAM - FAM § 17210
Family Code - FAM - FAM § 17210
The department shall ensure that the local child support agency offices and services are reasonably accessible throughout the counties, and shall establish systems for informing the public, including custodial and noncustodial parents of dependent children, of its services and op
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Family Code - FAM - FAM § 17211
Family Code - FAM - FAM § 17211
The department shall administer the Child Support Assurance Demonstration Project established by Article 5 (commencing with Section 18241) of Chapter 3.3 of Part 6 of the Welfare and Institutions Code, and the county demonstration projects to provide employment and training servi
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Family Code - FAM - FAM § 17212
Family Code - FAM - FAM § 17212
(a) It is the intent of the Legislature to protect individual rights of privacy, and to facilitate and enhance the effectiveness of the child and spousal support enforcement program, by ensuring the confidentiality of support enforcement and child abduction records, and to thereb
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Family Code - FAM - FAM § 17300
Family Code - FAM - FAM § 17300
(a) With the consent of the Senate, the Governor shall appoint, to serve at the Governor’s pleasure, an executive officer who shall be director of the department. In making the appointment the Governor shall consider training, demonstrated ability, experience, and leadership in o
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Family Code - FAM - FAM § 17302
Family Code - FAM - FAM § 17302
The director shall do all of the following: (a) Be responsible for the management of the department. (b) Administer all federal and state laws and regulations pertaining to the administration of child support enforcement obligations. (c) Perform all duties as may be prescribed by
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Family Code - FAM - FAM § 17303
Family Code - FAM - FAM § 17303
The Legislature finds and declares all of the following: (a) Title IV-D of the federal Social Security Act, contained in Part D (commencing with Section 651) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code, requires that there be a single state agency for child
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Family Code - FAM - FAM § 17304
Family Code - FAM - FAM § 17304
To address the concerns stated by the Legislature in Section 17303, each county shall establish a new county department of child support services. Each department is also referred to in this division as the local child support agency. The local child support agency shall be separ
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Family Code - FAM - FAM § 17305
Family Code - FAM - FAM § 17305
(a) In order to achieve an orderly and timely transition to the new system with minimal disruption of services, the director shall begin the transition from the office of the district attorney to the local child support agencies pursuant to Section 17304, commencing January 1, 20
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Family Code - FAM - FAM § 17306
Family Code - FAM - FAM § 17306
(a) The Department of Child Support Services shall develop uniform forms, policies, and procedures to be employed statewide by all local child support agencies. Pursuant to this subdivision, the department shall: (1) Adopt uniform procedures and forms. (2) Establish standard case
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Family Code - FAM - FAM § 17306.1
Family Code - FAM - FAM § 17306.1
(a) Commencing with the 2019–20 fiscal year, the department shall implement a revised local child support agency funding methodology that was developed in consultation with the California Child Support Directors Association. The methodology shall consist of both of the following
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Family Code - FAM - FAM § 17307
Family Code - FAM - FAM § 17307
(a) The Legislature hereby finds and declares that the Department of Child Support Services has the authority and discretion to prevent, correct, or remedy the effects of changes in the timing of the receipt of child support payments resulting solely from the initial implementati
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Family Code - FAM - FAM § 17308
Family Code - FAM - FAM § 17308
The director shall assume responsibility for implementing and managing all aspects of a single statewide automated child support system that will comply with state and federal requirements. The director may delegate responsibility to, or enter into an agreement with, any agency o
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Family Code - FAM - FAM § 17309
Family Code - FAM - FAM § 17309
Effective October 1, 1998, the state shall operate a State Disbursement Unit as required by federal law (42 U.S.C. Secs. 654 (27), 654a(g), and 654b).
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Family Code - FAM - FAM § 17309.5
Family Code - FAM - FAM § 17309.5
(a) An employer who is required to withhold and, by electronic fund transfer, pay tax pursuant to Section 19011 of the Revenue and Taxation Code or Section 13021 of the Unemployment Insurance Code, shall make child support payments to the State Disbursement Unit by electronic fun