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California State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
There are 47 local and regional child support agencies.
2. What is the name of your IV-D agency?
Department of Child Support Services.
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Judicial establishment; judicial and administrative enforcements.
4. Does your state use the following applications: EDE, CSENET, QUICK?
Yes.

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
Until the child(ren) emancipates which 18 years except an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, is considered a minor until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. The full-time high school requirement may be excused if the child has a medical condition documented by a physician that prevents full-time school attendance.
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 years except an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, is considered a minor until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. The full-time high school requirement may be excused if the child has a medical condition documented by a physician that prevents full-time school attendance.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No.
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Yes. Family Code section 3910 extends the parents' duty to support an incapacitated child when the child, regardless of age, is incapacitated from earning a living and is without sufficient means. In these situations, the court is allowed to order support beyond the child's majority. Also, see #8.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
Not applicable.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
Yes. In the case of an allocated order the child support is granted on a per child basis. When the child emancipates, the amount of current support charged is automatically reduced by the amount originally allocated to that emancipating child. However, if the case has an unallocated order, the current support amount is not affected by the emancipation of a child in the case of multiple children for unallocated orders.
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
The court has the authority to approve a stipulated agreement by the parents to pay for the support of an adult child or for the continuation of child support after a child attains the age of 18 years and to make a support order to effectuate the agreement. (Family Code section 3587)

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
There is no statute of limitations in California. Child support is enforceable until paid in full. (Family Code sections 291(a), 4502 and 4503)
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
While state statute requires California to establish parentage, California continues to also establish paternity to comply with federal law. Parentage/paternity can be established at any time. IV-D will do this until the age of majority for any child who is not incapacitated.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
Yes. Renewal is possible but not necessary because support orders are enforceable until paid in full. (Family Code sections 291 and 4502)
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4. Support Details

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.)
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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).
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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).
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.
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.
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.
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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.
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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.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
No.
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5. Paternity/Parentage

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.
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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)
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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)
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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)
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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).
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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.
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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))
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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.
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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)
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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.

6. Support Order Establishment

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
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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.
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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.)
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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)
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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.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
Not applicable.
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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.
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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.
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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.
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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.
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7. Income Withholding

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).
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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.
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2.1. Does your state have policy 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))
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2.2. What are the withholding limits for non-employees?
50%.
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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)
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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.
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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)
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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)
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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))
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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)
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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)
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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.
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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.
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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.
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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)
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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)
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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)
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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))
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8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
Yes, pursuant to Family Code section 17504, for collections received on or after January 1, 2022, California passes through and disregards up to $100 for families with one child and up to $200 for families with two or more children. Prior to January 1, 2022, California passed through and disregarded up to $50 to all current assistance families.
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No.
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
From October 1, 1996 through April 30, 2020, California elected PRWORA distribution rules. Effective May 1, 2020, California implemented FDRA distribution rules in accordance with FDRA provisions.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
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.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
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.
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9. Enforcement

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).
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
A fully completed Transmittal #3, Child Support Confidential Information Form, a copy of court order, arrears balance with a payment history, and bank account information are required to process the request. Please note on the Transmittal that you want California to close the case once the action is completed. Other factors considered include, where there exists, an asset balance, no other case management or legal status, no recent levy issued within the past 90 days, and that 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. There is a minimum threshold of $100.00.
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.
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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.
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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.
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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.
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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.
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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))
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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)).
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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.
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