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Family Code - FAM - FAM § 4613
Family Code - FAM - FAM § 4613
The court shall not issue an order pursuant to this article unless the court determines that one or more of the following conditions exist: (a) The obligor-parent is not receiving salary or wages subject to an assignment pursuant to Chapter 8 (commencing with Section 5200) and th
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Family Code - FAM - FAM § 4614
Family Code - FAM - FAM § 4614
The designation of assets subject to an order pursuant to this article shall be based upon concern for maximizing the liquidity and ready conversion into cash of the deposited asset. In all instances, the assets shall include a sum of money up to or equal in value to one year of
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Family Code - FAM - FAM § 4615
Family Code - FAM - FAM § 4615
In lieu of depositing cash or other assets as provided in Section 4614, the obligor-parent may, if approved by the court, provide a performance bond secured by real property or other assets of the obligor-parent and equal in value to one year of payments.
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Family Code - FAM - FAM § 4616
Family Code - FAM - FAM § 4616
Upon deposit of an asset which is not readily convertible into money, the court may, after a hearing, order the sale of that asset and the deposit of the proceeds with the deposit holder. Not less than 20 days written notice of the hearing shall be served on the obligor-parent.
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Family Code - FAM - FAM § 4617
Family Code - FAM - FAM § 4617
(a) If the asset ordered to be deposited is real property, the order shall be certified as an abstract of judgment in accordance with Section 674 of the Code of Civil Procedure. (b) A deposit of real property is made effective by recordation of the certified abstract with the cou
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Family Code - FAM - FAM § 4620
Family Code - FAM - FAM § 4620
(a) During the pendency of a proceeding under this chapter, upon the application of either party in the manner provided by Part 4 (commencing with Section 240) of Division 2, the court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbe
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Family Code - FAM - FAM § 4630
Family Code - FAM - FAM § 4630
(a) Upon an obligor-parent’s failure, within the time specified by the court, to make reasonable efforts to cure the default in child support payments or to comply with a court-approved payment plan, if payments continue in arrears, the deposit holder shall, not less than 25 days
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Family Code - FAM - FAM § 4631
Family Code - FAM - FAM § 4631
(a) An obligor-parent may file a motion to stop the use of the money or the sale of the asset under this article within 15 days after service of notice on the obligor-parent pursuant to Section 4630. (b) The clerk of the court shall set the motion for hearing not less than 20 day
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Family Code - FAM - FAM § 4632
Family Code - FAM - FAM § 4632
An obligor-parent alleged to be in arrears under this article may use any ground set forth in Section 4612 as a basis for filing a motion under Section 4631 to stop a sale or use of assets under this article.
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Family Code - FAM - FAM § 4640
Family Code - FAM - FAM § 4640
The deposit holder shall return all assets subject to court order under Article 2 (commencing with Section 4610) to the obligor-parent when both of the following occur: (a) One year has elapsed since the court issued the order described under Article 2 (commencing with Section 46
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Family Code - FAM - FAM § 4641
Family Code - FAM - FAM § 4641
If the deposited asset is real property and the requirements of Section 4640 have been satisfied, the deposit holder shall do all of the following: (a) Prepare a release in accordance with Section 697.370 of the Code of Civil Procedure. (b) Request the clerk of the court where th
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Family Code - FAM - FAM § 4700
Family Code - FAM - FAM § 4700
This chapter may be cited as the Child Support Delinquency Reporting Law.
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Family Code - FAM - FAM § 4701
Family Code - FAM - FAM § 4701
(a) The Department of Child Support Services shall administer a statewide automated system for the reporting of court-ordered child support obligations to credit reporting agencies. (b) The department shall design and develop standards for the system in conjunction with represent
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Family Code - FAM - FAM § 4720
Family Code - FAM - FAM § 4720
“Support” for the purposes of this chapter means support as defined in Section 150.
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Family Code - FAM - FAM § 4721
Family Code - FAM - FAM § 4721
(a) This chapter applies only to installments of child support that are due on or after January 1, 1992. (b) It is the intent of the Legislature that the penalties provided under this chapter shall be applied in egregious instances of noncompliance with child support orders. (c)
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Family Code - FAM - FAM § 4722
Family Code - FAM - FAM § 4722
(a) Any person with a court order for child support, the payments on which are more than 30 days in arrears, may file and then serve a notice of delinquency, as described in this chapter. (b) Except as provided in Section 4726, and subject to Section 4727, any amount of child sup
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Family Code - FAM - FAM § 4723
Family Code - FAM - FAM § 4723
(a) The notice of delinquency shall be signed under penalty of perjury by the support obligee. (b) The notice of delinquency shall state all of the following: (1) The amount that the child support obligor is in arrears. (2) The installments of support due, the amounts, if any, th
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Family Code - FAM - FAM § 4724
Family Code - FAM - FAM § 4724
The notice of delinquency may be served personally or by certified mail or in any manner provided for service of summons.
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Family Code - FAM - FAM § 4725
Family Code - FAM - FAM § 4725
If the child support owed, or any arrearages, interest, or penalty, remains unpaid more than 30 days after serving the notice of delinquency, the support obligee may file a motion to obtain a judgment for the amount owed, which shall be enforceable in any manner provided by law f
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Family Code - FAM - FAM § 4726
Family Code - FAM - FAM § 4726
No penalties may be imposed pursuant to this chapter if, in the discretion of the court, all of the following conditions are met: (a) Within a timely fashion after service of the notice of delinquency, the support obligor files and serves a motion to determine arrearages and to s
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Family Code - FAM - FAM § 4727
Family Code - FAM - FAM § 4727
Any penalty due under this chapter shall not be greater than 6 percent per month of the original amount of support arrearages or support installment, nor may the penalties on any arrearage amount or support installment exceed 72 percent of the original amount due, regardless of w
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Family Code - FAM - FAM § 4728
Family Code - FAM - FAM § 4728
Penalties due pursuant to this chapter may be enforced by the issuance of a writ of execution in the same manner as a writ of execution may be issued for unpaid installments of child support, as described in Chapter 7 (commencing with Section 5100), except that payment of penalti
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Family Code - FAM - FAM § 4729
Family Code - FAM - FAM § 4729
The local child support agency or any other agency providing support enforcement services pursuant to Title IV-D of the federal Social Security Act may not enforce child support obligations utilizing the penalties provided for by this chapter.
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Family Code - FAM - FAM § 4730
Family Code - FAM - FAM § 4730
At any hearing to set or modify the amount payable for the support of a child, the court shall not consider any penalties imposed under this chapter in determining the amount of current support to be paid.
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Family Code - FAM - FAM § 4731
Family Code - FAM - FAM § 4731
A subsequent notice of delinquency may be served and filed at any time. The subsequent notice shall indicate those child support arrearages and ongoing installments that have been listed on a previous notice.