Child Support Enforcement

Family Code Division 17, Chapter 2, Article 2 concerns collections and enforcement in child support cases.

Section 17500 imposes upon the department and the local child support agency with the responsibility for promptly and effectively collecting and enforcing child support obligations. Also, the department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of federal law. The local child support agency must submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. 

Section 17502 provides that a local child support agency that is collecting child support payments on behalf of a child and who is unable to deliver the payments to the obligee because the local child support agency is unable to locate the obligee is required to make all reasonable efforts to locate the obligee for a period of six months.

Section 17504 specifies that the first $50 of any amount of child support collected in a month in payment of the required support obligation for that month is to be paid to a recipient of aid are not considered income or resources of the recipient family, and not be deducted from the amount of aid to which the family would otherwise be eligible. The local child support agency in each county must ensure that payments are made to recipients as required by this section.

Section 17504.2 provides that any amount of support collected in a month in payment of an assigned support obligation must be passed through to a former recipient of aid, except recipients of foster care payments. The local child support agency in each county must ensure that payments are made to former recipients of aid when required by this section.

Section 17504.4 requires monthly for the local child support agency to provide to any CalWORKs recipient or former recipient for whom an assignment is currently effective a notice of the amount of assigned support payments made on behalf of the recipient or former recipient or any other family member for whom public assistance is received.

Section 17505 requires all state, county, and local agencies to cooperate with the local child support agency in the enforcement of any child support obligation or to the extent required under the state plan the enforcement of spousal support orders and in the location of parents or putative parents. The local child support agency may enter into an agreement with and secure from a municipal, county, or state law enforcement agency, pursuant to that agreement, state summary criminal record information through the California Law Enforcement Telecommunications System.

On request, all state, county, and local agencies are required to supply the local child support agency of any county in this state or the California Parent Locator Service with all information on hand relative to the location, income, or property of any parents, putative parents, spouses, or former spouses, notwithstanding any other provision of law making the information confidential, and with all information on hand relative to the location and prosecution of any person who has, by means of false statement or representation or by impersonation or other fraudulent device, obtained aid for a child under this chapter.

Section 17506 established in the department a California Parent Locator Service and Central Registry that must collect and disseminate all of the ten items of information with respect to any parent, putative parent, spouse, or former spouse.

Section 17507 defines the term “income tax return information.” Pursuant to a letter of agreement entered into between the Department of Child Support Services and the Department of Justice, the Department of Child Support Services must assume responsibility for the California Parent Locator Service and Central Registry. The letter of agreement has to set forth at least four specified items of information.

To effectuate the purposes of this section, the California Child Support Enforcement System and the California Parent Locator Service and Central Registry must utilize the federal Parent Locator Service to the extent necessary, and may request and receive from all departments, boards, bureaus, or other agencies of the state, or any of its political subdivisions.

The California Parent Locator Service and Central Registry and the California Child Support Enforcement System may request and receive from public utilities, customer service information, including specified information.

Section 17508 requires the Employment Development Department to provide access when requested by the Department of Child Support Services local child support agency, the federal Parent Locator Service, or the California Parent Locator Service.

Section 17509 requires, once the statewide automated system is fully implemented, the Department of Child Support Services to periodically compare Employment Development Department information collected to child support obligor records and identify cases where the obligor is employed but there is no earning withholding order in effect. The department must immediately notify local child support agencies in those cases.

Section 17510 requires the department, to assist local agencies in child support enforcement activities, to operate a workers’ compensation notification project based on information received or any other source of information.

Section 17512 specifies that, upon receipt of a written request from a local child support agency enforcing the obligation of parents to support their children, or from an agency of another state enforcing support obligations, every employer and every labor organization are required to cooperate with and provide relevant employment and income information that they have in their possession to the local child support agency or other requesting agency for the purpose of establishing, modifying, or enforcing the support obligation.

No employer or labor organization incurs any liability for providing this information to the local child support agency or other requesting agency. Relevant employment and income information include at least nine specified items of information.

The local child support agency or other agency must notify the employer and labor organization of the local child support agency case file number in making a request pursuant to this section. The written request includes at least three of the specified elements regarding the person who is the subject of the inquiry.

Section 17514 specifies the intent of the Legislature to protect individual rights of privacy, and to facilitate and enhance the effectiveness of the child abduction and recovery programs, by ensuring the confidentiality of child abduction records, and to thereby encourage the full and frank disclosure of information.

All files, applications, papers, documents, and records, established or maintained by a public entity for the purpose of locating an abducted child, locating a person who has abducted a child, or prosecution of a person who has abducted a child is confidential, and cannot be opened to examination or released for disclosure for any purpose not directly connected with locating or recovering the abducted child or abducting person or prosecution of the abducting person.

A public entity cannot disclose any file, application, paper, document, or record described in this section, or the information contained therein. All files, applications, papers, documents, and records are available and may be used by a public entity for all administrative, civil, or criminal investigations, actions, proceedings, or prosecution conducted in connection with the child abduction or prosecution of the abducting person.

Section 17516 prohibits social service benefits be employed to satisfy a support obligation.

Section 17518 requires that specified actions must be taken in order to enforce support obligations that are not being met. Whenever a support judgment or order has been rendered by a court of this state against an individual who is entitled to unemployment compensation benefits or unemployment compensation disability benefits, the local child support agency may file a certification of support judgment or support order with the Department of Child Support Services, verifying under penalty of perjury that there is or has been a judgment or an order for support with sums overdue thereunder.

If the Employment Development Department (EDD) determines that an individual who owes support may have a claim for unemployment compensation disability insurance benefits under a voluntary plan approved by the EDD, then the EDD must immediately notify the voluntary plan payer. When the department notifies the EDD of changes in an individual’s support obligations, the EDDD must promptly notify the voluntary plan payer of these changes.

The individuals who are subject to the withholding are to be notified by the payer of benefits of all specified items. The individual may ask the appropriate court for an equitable division of the individual’s unemployment compensation or unemployment compensation disability amounts withheld to take into account the needs of all the persons the individual is required to support. The term “support obligations” is defined.

Section 17520 defines the following terms: “applicant,” “board,” “certified list,” “compliance with a judgment or order for support,” “license,” and “licensee.” It is the intent of the Legislature that a court or local child support agency, when determining an appropriate payment schedule for arrearages, base its decision on the facts of the particular case and the priority of payment of child support over other debts.

If the applicant wishes to challenge the submission of their name on the certified list, the applicant must make a timely written request for review to the local child support agency who certified the applicant’s name. The local child support agency must immediately send a release to the appropriate board and the applicant, if any of the specified conditions are met.

The request for judicial review of the local child support agency’s decision must state the grounds for which review is requested and judicial review be limited to those stated grounds. The court has to hold an evidentiary hearing within 20 calendar days of the filing of the request for review. Judicial review of the local child support agency’s decision must be limited to a determination of each of the specified issues.

The department may enter into interagency agreements with the state agencies that have responsibility for the administration of boards necessary to implement this section, to the extent that it is cost effective to implement this section. These agreements provide for the receipt by the other state agencies and boards of federal funds to cover that portion of costs allowable in federal law and regulation and incurred by the state agencies and boards in implementing this section. 

Section 17520.5 prohibits the department from including in the list sent to the Department of Motor Vehicles, for the purpose of denying, withholding, or suspending a driver’s license, the information of a support obligor found to be out of compliance with a judgment or order for support in a case being enforced under federal law, if the annual household income of the support obligor is at or below 70% of the median income for the county in which the department or the local child support agency believes the support obligor resides, 

Section 17521 says that the order to show cause or notice of motion must be filed and heard in the superior court.

Section 17522 states that, if a support obligor is delinquent in the payment of support for at least 30 days and the local child support agency is enforcing the support obligation, the local child support agency may collect the delinquency or enforce a lien by levy served on all persons having in their possession, or who will have in their possession or under their control, credits or personal property belonging to the delinquent support obligor, or who owe any debt to the obligor at the time they receive the notice of levy.

A levy may be issued by a local child support agency for a support obligation that accrued under a court order or judgment if the obligor had notice of the accrued support arrearage as provided in this section, and did not make a timely request for review. The notice requirement is to be satisfied by the local child support agency sending a statement of support arrearages to the obligor at the obligor’s last known address.

Section 17522.5 states that, when a local child support agency issues a levy upon, or requires by notice any employer, person, political officer or entity, or depository institution to withhold the amount of a financial asset for the purpose of collecting a delinquent child support obligation, the person, financial institution, or securities intermediary in possession or control of the financial asset is required to liquidate the financial asset in a commercially reasonable manner within 20 days of the issuance of the levy or the notice to withhold.

Section 17523 provides that, if a support obligor is delinquent in the payment of support and the local child support agency is enforcing the support obligation, a lien for child support arises against the personal property of the support obligor in either of two specified circumstances.

The lien for child support is perfected by filing a notice of child support lien with the Secretary of State . Once filed, the child support lien has the same priority, force, and effect as a judgment lien on personal property pursuant. The following terms are defined: “notice of child support lien,” “support obligor is delinquent in payment of support,” and “personal property.”

Section 17523.5 states that, in connection with the duty of the department and the local child support agency to promptly and effectively collect and enforce child support obligations, the transmission, filing, and recording of a lien record by departmental and local child support agency staff that arises. The terms “digital electronic record” and “digitized electronic record” are defined.

Section 17524 provides that, upon making application to the local child support agency for child support enforcement services, every applicant is requested to give the local child support agency a statement of arrearages stating whether any support arrearages are owed. If the applicant alleges arrearages are owed, the statement must be signed under penalty of perjury.

Section 17525 states that, whenever a state or local governmental agency issues a notice of support delinquency, the notice must state the date upon which the amount of the delinquency was calculated, and notify the obligor that the amount calculated may, or may not, include accrued interest.

Section 17526 requires, upon request of an obligor or obligee, the local child support agency to review the amount of arrearages alleged in a statement of arrearages that may be submitted to the local child support agency by an applicant for child support enforcement services. The local child support agency must complete the review in the same manner and pursuant to the same timeframes as a complaint submitted. In the review, the local child support agency must consider all evidence and defenses submitted by either parent on the issues of the amount of support paid or owed.

Any party to an action involving child support enforcement services of the local child support agency may request a judicial determination of arrearages. The party may request an administrative review of the alleged arrearages prior to requesting a judicial determination of arrearages.

Section 17528 sets forth specified actions that must be taken in order to enforce support obligations that are not being met. The Public Employees’ Retirement System must withhold the amount certified from the benefits and refunds to be distributed to members with overdue support obligations or from benefits to be distributed to beneficiaries with overdue support obligations. If the benefits are payable periodically, the amount withheld pursuant to this section cannot exceed the amount permitted to be withheld for an earnings withholding order for support.

Section 17530 specifies that this section applies to any actions taken to enforce a judgment or order for support entered as a result of action filed by the local child support agency, where it is alleged that the enforcement actions have been taken in error against a person who is not the support obligor named in the judgment or order.

A person claiming that a support enforcement action has been taken against that person, or the person’s wages or assets, in error, is required to file a claim of mistaken identity with the local child support agency. The claim includes verifiable information or documentation to establish that the person against whom the enforcement actions have been taken is not the person named in the support order or judgment. The local child support agency must resolve a claim of mistaken identity submitted pursuant to this section in the same manner and timeframes provided for resolution of a complaint.

Section 17531 requires the local child support agency, when it closes a child support case containing summary criminal history information, to delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than offenses related to the parent’s having failed to provide support for minor children, no later than four years and four months, or any other timeframe that is consistent with federal regulations controlling child support records retention, after the date the local child support agency closes the case.

Section 17540 provides that the department is only to pay those county claims for federal or state reimbursement under this division which are filed with the department within nine months of the end of the calendar quarter in which the costs are paid. A claim filed after that time may only be paid if the claim falls within the exceptions set forth in federal law. The terms “good cause” and “circumstances beyond the county’s control” are defined.

Section 17550 required the Department of Child Support Services, in consultation with the State Department of Social Services, to establish regulations by which the local child support agency, in any case of separation or desertion of a parent from a child that results in aid being granted to the child, may compromise the obligor parent or parents’ liability for public assistance debt, including interest thereon, owed to the state where the child for whom public assistance was paid is residing with the obligor parent, and all of the specified conditions are met.

This section does not relieve an obligor, who has not been reunified with their child, of any liability for public assistance debt. The terms “guardian” and “relative caregiver” are defined.

Section 17552 requires the State Department of Social Services, in consultation with the Department of Child Support Services, to promulgate regulations by which the county child welfare department, in any case of separation or desertion of a parent or parents from a child that results in foster care assistance payments to determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services.

If reunification services are not offered or are terminated, the case may be referred to the local child support agency, unless the child’s permanent plan is legal guardianship with a relative who is receiving Kin-GAP and the payment of support by the parent may compromise the stability of the current placement with the related guardian, or the permanent plan is transitional foster care for the nonminor. In making the determination, the department regulations provide the specified factors the county child welfare department to consider.

Section 17555 states that any appropriation made available in the annual Budget Act for the purposes of augmenting funding for local child support agencies in the furtherance of their revenue collection responsibilities is subject to all five of the specified requirements. It is the intent of the Legislature to review the results of this augmentation and the level of related appropriation during the legislative budget review process.

Section 17556 requires the department to submit a report to the Legislature providing information on the status of four specified data points.

Section 17560 requires the department to establish and operate a statewide compromise of arrears program pursuant to which the department may accept offers in compromise of child support arrears and interest accrued thereon owed to the state for reimbursement of aid paid. The program operates uniformly across California and takes into consideration the needs of the children subject to the child support order and the obligor’s ability to pay.

Absent a finding of good cause, or a determination by the director that it is in the best interest of the state to do otherwise, any offer in compromise entered into pursuant to this section must be rescinded, all compromised liabilities be reestablished notwithstanding any statute of limitations that otherwise may be applicable, and no portion of the amount offered in compromise may be refunded, if either of the specified actions occurs.