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Family Code - FAM - FAM § 5210
Family Code - FAM - FAM § 5210
“Employer” includes all of the following: (a) A person for whom an individual performs services as an employee, as defined in Section 706.011 of the Code of Civil Procedure. (b) The United States government and any public entity as defined in Section 811.2 of the Government Code.
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Family Code - FAM - FAM § 5212
Family Code - FAM - FAM § 5212
“IV-D Case” means any case being established, modified, or enforced by the local child support agency pursuant to Section 654 of Title 42 of the United States Code (Section 454 of the Social Security Act).
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Family Code - FAM - FAM § 5214
Family Code - FAM - FAM § 5214
“Obligee” or “assigned obligee” means either the person to whom support has been ordered to be paid, the local child support agency, or other person designated by the court to receive the payment. The local child support agency is the obligee for all Title IV-D cases as defined u
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Family Code - FAM - FAM § 5216
Family Code - FAM - FAM § 5216
“Obligor” means a person owing a duty of support.
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Family Code - FAM - FAM § 5220
Family Code - FAM - FAM § 5220
“Timely payment” means receipt of support payments by the obligee or assigned obligee within five days of the due date.
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Family Code - FAM - FAM § 5230
Family Code - FAM - FAM § 5230
(a) When the court orders a party to pay an amount for support or orders a modification of the amount of support to be paid, the court shall include in its order an earnings assignment order for support that orders the employer of the obligor to pay to the obligee that portion of
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Family Code - FAM - FAM § 5230.1
Family Code - FAM - FAM § 5230.1
(a) An earnings assignment or income withholding order for support issued by a court or administrative agency of another state is binding upon an employer of the obligor to the same extent as an earnings assignment order made by a court of this state. (b) When an employer receive
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Family Code - FAM - FAM § 5230.5
Family Code - FAM - FAM § 5230.5
Any obligee alleging arrearages in child support shall specify the amount thereof under penalty of perjury.
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Family Code - FAM - FAM § 5231
Family Code - FAM - FAM § 5231
Unless stayed pursuant to Article 4 (commencing with Section 5260), an assignment order is effective and binding upon any existing or future employer of the obligor upon whom a copy of the order is served in compliance with Sections 5232 and 5233, notwithstanding the absence of t
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Family Code - FAM - FAM § 5232
Family Code - FAM - FAM § 5232
Service on an employer of an assignment order may be made by first-class mail in the manner prescribed in Section 1013 of the Code of Civil Procedure. The obligee shall serve the documents specified in Section 5234.
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Family Code - FAM - FAM § 5233
Family Code - FAM - FAM § 5233
Unless the order states a later date, beginning as soon as possible after service of the order on the employer but not later than 10 days after service of the order on the employer, the employer shall commence withholding pursuant to the assignment order from all earnings payable
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Family Code - FAM - FAM § 5234
Family Code - FAM - FAM § 5234
Within 10 days of service of an assignment order or an order/notice to withhold income for child support on an employer, the employer shall deliver both of the following to the obligor: (a) A copy of the assignment order or the order/notice to withhold income for child support. (
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Family Code - FAM - FAM § 5235
Family Code - FAM - FAM § 5235
(a) The employer shall continue to withhold and forward support as required by the assignment order until served with notice terminating the assignment order. If an employer withholds support as required by the assignment order, the obligor shall not be held in contempt or subjec
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Family Code - FAM - FAM § 5236
Family Code - FAM - FAM § 5236
The state agency or the local agency, designated to enforce support obligations as required by federal law, shall allow employers to simplify the process of assignment order withholding by forwarding, as ordered by the court, the amounts of support withheld under more than one or
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Family Code - FAM - FAM § 5237
Family Code - FAM - FAM § 5237
(a) Except as provided in subdivisions (b) and (c), the obligee shall notify the employer of the obligor, by first-class mail, postage prepaid, of any change of address within a reasonable period of time after the change. (b) Where payments have been ordered to be made to a count
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Family Code - FAM - FAM § 5238
Family Code - FAM - FAM § 5238
(a) Where an assignment order or assignment orders include both current support and payments towards the liquidation of arrearages, priority shall be given first to the current child support obligation, then the current spousal support obligation, and thereafter to the liquidatio
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Family Code - FAM - FAM § 5239
Family Code - FAM - FAM § 5239
Arrearages of support payments shall be computed on the basis of the payments owed and unpaid on the date that the obligor has been given notice of the assignment order as required by Section 5234.
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Family Code - FAM - FAM § 5240
Family Code - FAM - FAM § 5240
(a) Upon the filing and service of a motion and a notice of motion by the obligor, the court shall terminate the service of an assignment order if past due support has been paid in full, including any interest due, and if any of the following conditions exist: (1) With regard to
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Family Code - FAM - FAM § 5241
Family Code - FAM - FAM § 5241
(a) An employer who willfully fails to withhold and forward support pursuant to a currently valid assignment order entered and served upon the employer pursuant to this chapter is liable to the obligee for the amount of support not withheld, forwarded, or otherwise paid to the ob
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Family Code - FAM - FAM § 5242
Family Code - FAM - FAM § 5242
Service of the assignment order creates a lien on the earnings of the employee and the property of the employer to the same extent as the service of an earnings withholding order as provided in Section 706.029 of the Code of Civil Procedure.
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Family Code - FAM - FAM § 5243
Family Code - FAM - FAM § 5243
An assignment order for support has priority as against any attachment, execution, or other assignment as specified in Section 706.031 of the Code of Civil Procedure.
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Family Code - FAM - FAM § 5244
Family Code - FAM - FAM § 5244
A reference to the local child support agency in this chapter applies only when the local child support agency is otherwise ordered or required to act pursuant to law. Nothing in this chapter shall be deemed to mandate additional enforcement or collection duties upon the local ch
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Family Code - FAM - FAM § 5245
Family Code - FAM - FAM § 5245
Nothing in this chapter limits the authority of the local child support agency to use any other civil and criminal remedies to enforce support obligations, regardless of whether or not the child or the obligee who is the parent, guardian, or other person entitled to receive payme
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Family Code - FAM - FAM § 5246
Family Code - FAM - FAM § 5246
(a) This section applies only to Title IV-D cases where support enforcement services are being provided by the local child support agency pursuant to Section 17400. (b) In lieu of an earnings assignment order signed by a judicial officer, the local child support agency may serve
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Family Code - FAM - FAM § 5247
Family Code - FAM - FAM § 5247
Neither the local child support agency nor an employer shall be subject to any civil liability for any amount withheld and paid to the obligee, the local child support agency, or the State Disbursement Unit pursuant to an earnings assignment order or notice of assignment.