1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, 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 the child(ren). (Family Code section 4050 et seq.)
For Additional Information -
|
2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
Yes. 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 sections 685.010, 685.020, and 685.030, Family Code section 17433.5).
For Additional Information -
|
3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
Yes. 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 sections 685.010, 685.020, and 685.030, Family Code section 17433.5).
For Additional Information - No Link Provided
|
4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
Yes. Interest is charged at the statutory rate of 10% per annum.
For Additional Information - No Link Provided
|
5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
Yes. California will enforce a medical support debt for any percentage that has been reduced to a dollar amount in a judgment. (Family Code sections 4061-4063)
|
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
The person ordered to receive support (PRS) must provide a written agreement authorizing the Department of Child Support Services to forward payments received from the parent ordered to pay support (PPS) to the non-parent, third party caregiver. The PRS must sign the agreement and have the signature notarized or verify his/her identity and sign the agreement in the presence of a local child support agency representative.
For Additional Information - No Link Provided
|
6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
A payment received for the current month's support may be redirected if the child is receiving TANF and rights have been assigned. A payment received for the current month's support may be redirected if the child is receiving Medicaid and rights have been assigned.
For Additional Information - No Link Provided
|
7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
Yes. Custodial party is defined in 22 CCR section 110224 as the person having primary care, custody and control of the child(ren) and who is/are receiving or has applied to receive services under Title IV-D of the federal Social Security Act (commencing with Section 651 of Title 42 of the United States Code). The LCSA is prohibited from providing services to third party caregivers that apply for IV-D services on behalf of children in their custody for whom the caregiver does not have legal guardianship. These are cases where public assistance is not being provided and was not provided in the past, right to child support have not been assigned, and no referral has been made by a public entity.
For Additional Information -
|
8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
Yes.
For Additional Information - No Link Provided
|
9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
No.
For Additional Information - No Link Provided
|
1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No.
For Additional Information - No Link Provided
|
2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
California law requires a 99 percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing, and a combined relationship index of at least 100 to 1. (Family Code section 7555)
For Additional Information -
|
3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
The voluntary declaration of parentage 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 section 7575 and 7576)
For Additional Information -
|
4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
The child of spouses who cohabitated at the time of conception and birth is conclusively presumed to be the child of the marriage, however, the marital presumption does not apply if the court determines that the husband of the woman who gave birth was impotent or sterile at the time of conception and that the child was not conceived through assisted reproduction. (Family Code section 7540)
An action to challenge the parentage of the spouse who is a presumed parent under Section 7540 shall be filed not later than two years from the child's date of birth and may only be filed by any of the following:
(1) By either spouse.
(2) By a person who is a presumed parent under Section 7611 or by the child, through or by the child's guardian ad litem, to establish the parentage of the person who is a presumed parent under Section 7611. (Family Code section 7541)
For Additional Information -
|
5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
No. In cases where the marital presumption prevails, a child of spouses who cohabitated at the time of conception and birth is a conclusive determination of parentage (See #6). After January 1, 1995, if the parents are not married to each other or if the mother gave birth through assisted reproduction, the genetic or intended parent's name shall not be listed on the birth certificate unless the genetic or intended parent and the woman who gave birth sign a voluntary declaration of parentage. Therefore, the voluntary declaration of parentage carries the evidentiary weight when the parents are unmarried or conceive through assisted reproduction (Health & Safety Code section 102425(a)(4)(C), Family Code section 7571).
For Additional Information -
|
6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
Yes. The marital presumption applies if: (1) The presumed parent and the 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; (2) Before the child's birth, the presumed parent and the natural mother attempt to marry and the child is born during the attempted marriage or within 300 days of termination of marriage or cohabitation; (3) After the child's birth the presumed parent and the natural mother marry or attempt to marry, and he or she consent to listing his or her name on the birth certificate; (4) The presumed parent is obligated by a written voluntary agreement or court order to support the child; or (5) The presumed parent receives the child into his or her home and openly holds out the child as his or her natural child. (Family Code section 7611).
|
7. What, if any, is the agency name and link for your state's putative fathers' registry? |
Not applicable.
For Additional Information - No Link Provided
|
8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
Copies of the Voluntary Declaration of Parentage and any recissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts. (Family Code section 7571(i))
For Additional Information -
|
9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
Yes.
For Additional Information -
|
9.1. Describe any circumstances under which these fees may be waived? |
The official parentage 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 Voluntary Declaration of Parentage (VDOP). The state Office of Vital Records and local registrars do charge various fees for the documents they maintain. (Family Code sections 7570 - 7577)
For Additional Information - No Link Provided
|
10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
No.
|
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
Not applicable.
|
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
One set of documents with the parentage affidavit for each child should be included in the packet.
|
1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
Judicial.
|
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
N/A
For Additional Information - No Link Provided
|
1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
N/A - Family Code section 4054.
For Additional Information -
|
2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
Net monthly disposable income of each parent is considered. (Family Code section 4050 et seq.)
For Additional Information -
|
2.1. What documentation is required as proof/evidence of this information? |
Salaried employee's documentation includes pay stubs for the last two months of earnings and the most recent year's tax returns. Self-employed documentation includes Profit and Loss Statements for the last two calendar years or the Schedule C from the most recent business tax return.
|
3. 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. Examples of this include an instance when support is not assigned and parties stipulate to a different amount; deferred sale of a home and rental value exceeds mortgage payments, homeowner's insurance, and taxes; parent ordered to pay support (PPS) 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 section 4057)
For Additional Information -
|
4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
No.
For Additional Information - No Link Provided
|
4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Not applicable.
For Additional Information - No Link Provided
|
4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
No.
|
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
Not applicable.
For Additional Information - No Link Provided
|
5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No.
For Additional Information - No Link Provided
|
5.1. What about when public assistance is not being expended? |
When public assistance is not being expended, a custodial party who is not the biological parent of the child must have legal custody to receive IV-D services. If aid is being expended, legal custody is not required.
|
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
The other jurisdiction should request modification.
For Additional Information - No Link Provided
|
7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
No, the other parent is not required to obtain legal custody before the order is modified or established.
For Additional Information - No Link Provided
|
1. What are specific sources of income not subject to withholding? |
Needs based income sources, such as CalWORKs, Social Security public benefits (General Assistance, TANF) and Supplemental Security Income/State Supplemental Plan (SSI/SSP) are not subject to wage withholding. (Family Code section 17516, Welfare & Institutions Code 10051); US Dept. of Veterans Affairs disability benefits, except as remuneration for employment defined in 42 USC, sections 659(a) and (h).
For Additional Information -
|
2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes, Code of Civil Procedure section 706.052.
For Additional Information -
|
2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
Yes. Except as provided by the court, the maximum withholding is 50% of the net disposable earnings. (Code of Civil Procedure section 706.052; Family Code section 5246(d)(2); 22 California Code of Regulations section 116100(a)(3)). Notwithstanding Family Code section 5246(d)(2), if the parent ordered to pay support (PPS) is disabled, meets certain criteria and provides proof of eligibility for SSI/SSP or Social Security Disability (SSDI) benefits, then the liquidation of arrearages may not exceed 5% of the PPS' SSDI payments. (Family Code section 5246(d)(3))
For Additional Information -
|
2.2. What are the withholding limits for non-employees? |
50%.
For Additional Information -
|
3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
$1.50 per withholding. (Family Code section 5235(d), Code of Civil Procedure section 706.034)
For Additional Information -
|
4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
No.
For Additional Information - No Link Provided
|
5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
Unless the order states a later date, beginning as soon as possible after service on the employer but not later than 10 days after service of the order on the employer. (Family Code section 5233; Code of Civil Procedure section 706.022)
For Additional Information -
|
5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
Unless the order states a later date, beginning as soon as possible after service on the employer but not later than 10 days after service of the order on the employer. (Family Code section 5233; Code of Civil Procedure section 706.022)
For Additional Information -
|
6. When must an employer remit amounts withheld from an employee's pay? |
Within 7 business days of the date the parent ordered to pay support (PPS) is paid. (45 Code of Federal Regulations 303.100 (e)(1)(ii); Family Code section 5235(c))
For Additional Information -
|
7. What are your state's sanctions for 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 transferred from the employer's bank account. The person ordered to receive support (PRS) may seek a civil penalty of $500 from the employer for each occurrence. (Family Code section 5241, Code of Civil Procedures sections 706.030(b)(4) and 1218)
For Additional Information -
|
7.1. What are the penalties 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 person ordered to receive support (PRS). The employer shall be subject to a civil penalty of $500 for each occurrence. (Family Code section 5241, Code of Civil Procedure sections 706.030(b)(4) and 1218) An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state. (Family Code section 5230.1)
For Additional Information -
|
8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
No.
For Additional Information - No Link Provided
|
8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
Direct withholding of UI benefits is not permitted. The initiating state must send a referral to California's Central Registry for creation of a two-state case.
To intercept Unemployment Insurance (UI) benefits from CA that are being paid to a parent ordered to pay support (PPS) in another state which has no case with California, the request must be submitted to CA's Central Registry on a Transmittal #1 with the Child Support Confidential Information Form, with a copy of the court order and an arrears declaration included.
For Additional Information - No Link Provided
|
9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
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 sections 5206, 5210 and 17522; California Code of Civil Procedure sections 704.130, 706.011, 706.030 and 706.052; Government Code section 811.2. With respect to financial institutions, an income withholding order would be appropriate if the institution issues deferred compensation payments, such as annuity, retirement, or pension. An income withholding is not sent to the Workers' Compensation Appeals Board. (Family Code sections 5210, 5230, 5230.1, California Code of Civil Procedure section 704.160(b) and (c); Labor Code section 4903). Also see Insurance Match question 4.
For Additional Information - No Link Provided
|
9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
Not applicable.
|
10. How does a noncustodial parent contest an income withholding in your state? |
Within 10 days after the delivery of the copy of the assignment order to the parent ordered to pay support (PPS) by the employer, a motion to quash must be filed with the court issuing the order to request a hearing. (Family Code section 5270 and 5271)
For Additional Information -
|
11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
If California is the initiating jurisdiction, payments received from a responding agency must be allocated only to the associated intergovernmental case, even if the parent ordered to pay support (PPS) has other cases. If California is the responding jurisdiction, and there are arrears owed to multiple states, current support collections must be distributed first to the state(s) with a current support obligation. Arrears collections are applied first to California's arrears. Any remaining arrears collections are allocated based on each state's proportionate share of the total arrears balance.
|
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
Yes. Net "disposable earnings" means income that is subject to withholding left after making mandatory deductions for taxes including State, federal, local, Social Security, Medicare taxes and union dues, along with deductions for disability insurance and payments to public employees' retirement systems, provided that the deductions are required as a condition of employment. (Family Code Section 4059, 22 California Code of Regulations section 110280)
For Additional Information -
|
13. When does your state require the employer to send notice of an employee's termination? |
The employer must send notice of the termination no later than the due date of the next wage assignment. (Family Code section 5282)
For Additional Information -
|
14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
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 person ordered to receive support (PRS) may elect to have health insurance premiums deducted before current support. (California Code of Regulations, Title 22, Division 13, section 116116 (b)(2))
For Additional Information -
|
1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
Financial institution levies utilizing Financial Institution Data Match (FIDM) and Multi-State Financial Institution Data Match (MSFIDM) are available through AEI.
|
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
The court-ordered amount is more than 60 days past due and the aggregate amount exceeds $100. Additional factors considered include: the asset balance, no other case management or legal status, no recent levy issued within the past 90 days, and due process has been given to the parent ordered to pay support (PPS), i.e., annual notice. Compliant cases are provided a $3,500 levy exemption amount.
In addition to a fully completed Transmittal #3, the following documentation is required to process the request: a Child Support Confidential Information Form, a copy of court order, arrears balance with a payment history, and bank account information. Please note on the Transmittal that you want California to close the case once the action is completed.
|
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
All court ordered child support cases must be submitted for credit reporting, whether the parent ordered to pay support (PPS) is current or past-due on their court-ordered obligation. (Family Code section 4701(d)(1)) The PPS will be sent a notification 30 days prior to being reported to the credit reporting agency to be given an opportunity to contest or to pay the arrearage, if any. (Family Code section 4701(d)(2)) A PPS may submit a dispute regarding the PPS's credit report information directly to the business address of any California local child support agency.
For Additional Information -
|
4. To which credit bureaus does your state report a noncustodial parent's child support information? |
Equifax, Experian, Innovis and Trans Union.
|
5. Is the method for credit bureau reporting judicial, administrative, or both? |
Administrative.
|
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
If the PPS disagrees with information reported to the credit bureaus, they may submit a dispute to the local child support agency (LCSA) by phone, email, regular mail, at an office visit or directly to the credit bureau which would be received by the LCSA via the Online Solution for Complete and Accurate Reporting (e-OSCAR). If the PPS submits a dispute to the LCSA, they must include:
1. Sufficient information to identify the account or parties involved.
2. An explanation providing the reason for the dispute.
3. Any documentation that supports the dispute; for example, proof of timely payments, relevant court orders, proof of direct payments to the CP, or a fraud or identify theft affidavit.
The LCSA then has 30 days to investigate the dispute and report the results to either e-OSCAR or to the PPS.
If the past-due report is found to be accurate, the past-due status will not be removed from the report.
|
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
Yes. The minimum arrears balance is $25.
|
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
Yes. The minimum arrears balance is $25.
|
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
Yes. The minimum arrears balance is $25 for federal insurance match.
|
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
Yes. The minimum arrears balance is $25 for federal insurance match.
|
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
No. Owning state submits.
|
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
Yes. The minimum criteria per Family Law is $100 minimum arrears balance and 60 days past due.
|
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
Yes, CA does submit past-due cases to OCSE for passport denial.
|
14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
Both. Judicial: Money judgment or order needed first.
Administrative: Liens perfected by filing with the appropriate agency.
|
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
Yes. Deposit-type accounts for social security, Deposit-type accounts for public assistance benefits, Deposit-type accounts for SSDI or SSI/SSP, Inmate trust fund, Active bankruptcy, Sole proprietorship business/payroll account for employee payroll and payroll taxes only, Legal partnership accounts with partnership agreement and file partnership tax return, Achieving Better Life Experience Act (ABLE) fund account totaling $100,000 or less, Golden State Scholarship Trust Account (commonly referred to as a "ScholarShare529" Account).
For Additional Information - No Link Provided
|
16. Is the financial institution attachment process in your state centralized and/or automated? |
Both centralized and automated.
|
17. What are the criteria to attach an account in a financial institution in your state? |
The parent ordered to pay support (PPS) 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)).
A PPS is considered ineligible if disabled, meets the federal Supplemental Security Income resource test, and is receiving Supplemental Security Income/State Supplementary Payments (SSI/SSP), or, but for excess income as described in Section 416.1100 and following of Part 416 of Title 20 of the Code of Federal Regulations, would be eligible to receive SSI/SSP, and the PPS has supplied the local child support agency with proof of his or her eligibility for, and, if applicable, receipt of, SSI/SSP or Social Security Disability Insurance benefits, then the child support delinquency shall not be referred for collection, and, if referred, shall be withdrawn, rescinded, or otherwise recalled the action (Family Code section 17450(c)(2)). California stopped automated financial levies from being issued when a participant is receiving Unemployment Insurance Benefits as of December 12, 2021.
|
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
No.
For Additional Information - No Link Provided
|
19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
The other state must submit a Transmittal #3 to the California Central Registry to include all relevant information; including the parent ordered to pay support's (PPS) name, the name and address of the financial institution, and the requesting state's address where the payment will be sent.
|
20. Does your state's income withholding definition include amounts in financial institutions? |
No.
For Additional Information - No Link Provided
|
21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
A Child Support Warning Notice is sent to the parent ordered to pay support (PPS) upon becoming more than $5 overdue on support and then at least once every 12 months thereafter.
For Additional Information - No Link Provided
|
22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
The institution must transmit all available funds, up to the full amount, to DCSS no earlier than 10 business days after receipt of the Order to Withhold or Exempt Order to Withhold. (Family Code section 17454(d))
For Additional Information -
|
23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
Yes, the financial institution must not transmit any funds to the department earlier than 10 business days after a parent ordered to pay support's (PPS) receipt of a notice to withhold (Family Code section 17454 (d)). Also, the local child support agency shall notify the state Department of Child Support Services (DCSS) within 2 business days of the receipt of a claim of exemption from a PPS. DCSS then directs the financial institution to hold any funds subject to the order pending notification by the state DCSS to remit or release the amounts held. (Family Code section 17453 (j)(6)).
For Additional Information -
|
24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
The amount eligible for attachment is the amount of any past-due support stated on the notice or order (Family Code section 17453(d)(2)) that is provided to the financial institution.
For Additional Information -
|
25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
A compliant parent ordered to pay support (PPS) who is eligible for the statutory $3500 exemption may make an additional claim of exemption based solely on financial hardship for the PPS and the PPS's dependents (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, if any. (Family Code section 17453 (j)(7)). A non-compliant PPS not entitled to an Exempt Order to Withhold has the right to file a claim of exemption for financial hardship in local California court pursuant to Code of Civil Procedure sections 703.510 - 703.520. Other account holders can attempt to challenge/contest on the basis of mistake or hardship.
For Additional Information -
|
26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
Yes. 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 parent ordered to pay support (PPS) 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 the financial institution, person or securities intermediary shall transfer to the local child support agency, the Franchise Tax Board, or the state Department of Child Support Services, 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 -
|
27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
A parent ordered to pay support (PPS) who is more than 30 calendar days in arrears with their child support may be submitted to the California licensing agencies for suspension of their driver's, professional and/or recreational license. California has a two-part license suspension/revocation process. For the initial match with the licensing agency, the licensing agency will immediately notify the PPS that their license will be automatically suspended in 150-days. The PPS is instructed to contact their local child support agency (LCSA) to make an agreement for release of their license. If a PPS has received a release of their license after making an agreement with the LCSA but fails to make the agreed payments, the child support agency will inform the licensing agency. The licensing agency will immediately notify the PPS that their license will be automatically revoked in 30 days (Family Code 17520)
For Additional Information -
|
28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
If a driver's license has been suspended due to non-payment of child support, the parent ordered to pay support (PPS) is instructed by the licensing agency to contact the local child support agency (LCSA) to discuss a possible license release. The license release generally involves an arrears payback agreement, however the contacted LCSA will review all of the PPS's cases to determine whether a license release is appropriate by considering any pending legal actions and any other pertinent information. California does not specifically have a low income or hardship exemption.
|
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
Yes. Prior to the issuance or renewal of a license, each board shall determine whether the applicant is on the most recent certified consolidated list provided by the department. If an applicant is on the list, the board shall immediately serve notice of the board's intent to withhold issuance or renewal of the license. The board shall issue a temporary license valid for a period of 150 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license. Upon the request of the local child support agency or by order of the court upon a showing of good cause, the driver license agency shall extend a 150-day temporary license for a period not to exceed 150 extra days (Family Code 17520(e)(2)(D)).
|
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
The criteria are the same for all license types (see #1). Professional license types include, those issued by the Boards and Bureaus of Department of Consumer Affairs, Department of Real Estate, Bureau of Real Estate Appraisers, Department of Insurance, State Bar, Gambling Control Commission, Secretary of State's Office, Alcohol and Beverage Control, Cannabis Control, Commission on Teacher Credentialing, Emergency Medical Services Authority.
|
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
If a professional license has been suspended due to non-payment of child support, the parent ordered to pay support (PPS) is instructed by the licensing agency to contact the local child support agency (LCSA) to discuss a possible license release. The license release generally involves an arrears payback agreement, however the contacted LCSA will review all of the PPS's cases to determine whether a license release is appropriate by considering any pending legal actions and any other pertinent information. California does not specifically have a low income or hardship exemption.
|
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
Yes. Prior to the issuance or renewal of a license, each board shall determine whether the applicant is on the most recent certified consolidated list provided by the department. If an applicant is on the list, the board shall immediately serve notice of the board's intent to withhold issuance or renewal of the license. The board shall issue a temporary license valid for a period of 150 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license. Only one temporary license shall be issued during a regular license term, and it shall coincide with the first 150 days of that license term.
|
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
The criteria are the same for all license types, including recreational licenses (see #1). Recreational licenses are issued by the California Department of Fish and Wildlife and include hunting, trapping, and fishing licenses.
|
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
If a recreational license has been suspended due to non-payment of child support, the parent ordered to pay support (PPS) is instructed by the licensing agency to contact the local child support agency (LCSA) to discuss a possible license release. The license release generally involves an arrears payback agreement, however the contacted LCSA will review all of the PPS's cases to determine whether a license release is appropriate by considering any pending legal actions and any other pertinent information. California does not specifically have a low income or hardship exemption.
|
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
Yes. Prior to the issuance or renewal of a license, each board shall determine whether the applicant is on the most recent certified consolidated list provided by the department. If an applicant is on the list, the board shall immediately serve notice of the board's intent to withhold issuance or renewal of the license. The board shall issue a temporary license valid for a period of 150 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license. Only one temporary license shall be issued during a regular license term, and it shall coincide with the first 150 days of that license term.
For Additional Information - No Link Provided
|
36. What are the criteria for initiating/filing a lien in your state? |
Real Property (California Code of Regulations, Title 22, Division 13, section 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 section 17523): Title IV-D child support money judgment or order is being enforced by a local child support agency and the parent ordered to pay support (PPS) is delinquent in child support payments.
For Additional Information -
|
37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
Both. Judicial: Money judgment or order needed first.
Administrative: Liens perfected by filing with the appropriate agency.
|
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
Yes. The process is both judicial and administrative.
For Additional Information - No Link Provided
|
39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
Yes, California has a state tax refund offset process, which is a combination of Judicial and Administrative:
Judicial: Money judgment or order needed first.
Administrative: Tax offset is processed administratively with the California Franchise Tax Board.
|
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
Yes, all California state lottery winnings are included in the offset process with the California Franchise Tax Board.
|
40.1. If yes, is this enforcement judicial, administrative, or both? |
It is both (see #1)
|
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
Other administrative enforcement procedures include California Public Employees' Retirement System (CalPERS) match, Alaska Permanent Fund Dividend (APFD) match, Unclaimed Property match, and various class action settlement matches.
|
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
Civil or criminal contempt proceedings, Creditor's Claim, Earnings Assignment Order for Support, Notice of Lien, Order of Examination, Qualified Domestic Relations Order, Probate Lien, (Probate) Request for Special Notice, Security Deposit of Money or Assets, Seek Work Orders, Voiding Fraudulent Transfers and Writs of Execution.
|