Child support., the official text

An act to amend Section 4201 of the Family Code, relating to child support.

LEGISLATIVE COUNSEL'S DIGEST

Existing federal law, Title IV-D of the Social Security Act, requires the state to establish a single state entity to administer the Title IV-D state plan for securing child support. Existing law designates the Department of Child Support Services as the state entity to administer laws and regulations related to child support enforcement obligations. Existing law requires that each county maintain a local child support agency that has numerous responsibilities relating to the establishment, modification, and enforcement of child support obligations.
Existing law authorizes the court, in any proceeding in which the court makes or has made a child support order, to direct that child support payments be made to a designated county officer or State Disbursement Unit, as specified, or to direct the local child support agency to appear on behalf of the minor children to enforce the order, or both.
This bill would instead require that all child support payments be directed to the State Disbursement Unit, and would authorize the court to direct the local child support agency to appear on behalf of the minor children to enforce the order. The bill would also require that every court order for payment of child support be deemed to be an application for child support enforcement services authorized pursuant to Title IV-D of the Social Security Act, and would require the court to transmit a copy of the child support order and the contact information of the support obligor and support obligee to the local child support agency, as specified. The bill would authorize a support obligee to decline to receive or opt out of receiving the child support services described above unless otherwise required to receive those services under state or federal law. The bill would require the Judicial Council to adopt or modify forms to implement these provisions. To the extent these provisions increase the duties of local child support agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.
Section 4201 of the Family Code is amended to read:
4201.
In any proceeding where a court makes or has made an order requiring the payment of child support to the person having custody of a child for whom support may be ordered, the following shall apply:
(a) The court shall order that all payments be directed to the State Disbursement Unit as implemented pursuant to Section 17309.
(b) (1) Notwithstanding any other law, every court order for payment of child support shall be deemed to be an application for child support services authorized pursuant to Title IV-D of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.), and provided under Division 17 (commencing with Section 17000), unless the support obligee makes a timely election to decline those services pursuant to paragraph (3).
(2) The court shall transmit a copy of the child support order and the contact information of the support obligor and support obligee to the local child support agency of the county where the order was issued within five business days of the expiration of the election window specified in paragraph (3) if no timely election has been made. The contact information provided by the court shall include, as is available to the court at the time the order was issued, the name, address, telephone number, and email address of the obligor and obligee.
(3) (A) At the time a child support order is entered, the court shall advise the obligee, on the record or in writing, of all the following:
(i) The child support order will be deemed an application for Title IV-D child support services, unless the obligee elects to decline those services.
(ii) Title IV-D child support services include, but are not limited to, issuance and service of an earnings assignment order on the obligor’s employer, payment processing through the State Disbursement Unit, and other enforcement actions authorized under Division 17 (commencing with Section 17000).
(iii) The obligee may decline Title IV-D child support services and simultaneously request a stay of service of the earnings assignment order pursuant to Section 5230 by making an election on the record at the time of the hearing or by submitting a written election within 10 business days of the date the child support order is served on the obligee.
(iv) Declining Title IV-D child support services does not affect the validity or enforceability of the underlying child support order, and the obligee may request child support services at any time in the future.
(v) If the obligor fails to make timely payments, the obligee may lift the stay and serve the earnings assignment order on the obligor’s employer without further court action, or may request that the local child support agency open a case and provide child support services.
(B) If the obligee is present at the hearing and elects on the record to decline Title IV-D child support services, the court shall do all of the following:
(i) Note the obligee’s election in the child support order.
(ii) Stay service of the earnings assignment order pursuant to Section 5230, subject to the parties’ compliance with the child support order.
(iii) Not transmit the child support order to the local child support agency pursuant to paragraph (2).
(C) If the obligee is not present at the hearing, or the child support order is entered by stipulation without a hearing, the obligee may submit a written election to decline Title IV-D child support services within 10 business days of the date the child support order is served on the support obligee. A written election shall be submitted simultaneously to the court, at no cost to the support obligee, and to the local child support agency on a form prescribed by the Judicial Council. Upon receipt of a timely written election, all of the following shall apply:
(i) The court shall stay service of the earnings assignment order pursuant to Section 5230.
(ii) The local child support agency shall not open a case, take any enforcement action, or issue an earnings assignment order during the 10-business-day election window or upon receipt of a timely written election.
(iii) If the local child support agency has already issued an earnings assignment order to the support obligor’s employer prior to receipt of a timely written election, the agency shall issue a termination of that order to the employer within five business days of receipt of the support obligee’s election.
(D) An obligee may not make an election pursuant to this subdivision if the obligee is required to receive Title IV-D child support services under state or federal law, including, but not limited to, cases in which the child or support obligee receives CalWORKs, Medi-Cal, or foster care assistance, or in which there is an assignment to the state of medical support or of arrearages accrued under the child support order.
(4) An obligee who has made an election pursuant to paragraph (3) may request Title IV-D child support services from the local child support agency at any time in the future by submitting an application consistent with applicable state and federal law. Upon submission of that application, the stay of service of the earnings assignment order shall be lifted, and the local child support agency may take all enforcement actions authorized under Division 17 (commencing with Section 17000).
(5) An obligee receiving child support services may opt out of receiving those services by submitting a voluntary case closure request (Form DCSS 0432) to their local child support agency of the county in which the order was issued, unless otherwise required to receive those services under state or federal law. Opting out of receiving child support services pursuant to this paragraph shall not preclude the ability of the obligee to submit subsequent applications for child support services.
(6) On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.
(c) The court may direct the local child support agency to appear on behalf of the minor children in any proceeding to enforce the order.

SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.