General Provisions for Court-ordered Support

California’s Family Code, in Division 9, Part 2, Chapter 2, Article 1 deals with general provisions related to court-ordered child support payments.

Section 4000 provides that, if a parent has the duty to provide for the support of the parent’s child and willfully fails to so provide, the other parent, or the child by a guardian ad litem, may bring an action against the parent to enforce the duty.

Section 4001 allows the court, in any proceeding where there is at issue the support of a minor child or a child for whom support is authorized, to order either or both parents to pay an amount necessary for the support of the child.

Section 4002 authorizes the county to proceed on behalf of a child to enforce the child’s right of support against a parent. If the county furnishes support to a child, the county has the same right as the child to secure reimbursement and obtain continuing support.

Section 4003 states that, in any case in which the support of a child is at issue, the court may, upon a showing of good cause, order a separate trial on that issue.

Section 4004 requires the court, in a proceeding where there is at issue the support of a child, to require the parties to reveal whether a party is currently receiving, or intends to apply for, public assistance for the maintenance of the child.

Section 4005 requires the court, at the request of either party, to make appropriate findings with respect to the circumstances on which the order for support of a child is based.

Section 4006 requires the court, in a proceeding for child support under this code, to consider the health insurance coverage, if any, of the parties to the proceeding.

Section 4007 states that, if a court orders a person to make specified payments for support of a child during the child’s minority, or until the child is married or otherwise emancipated, or until the death of, or the occurrence of a specified event as to, a child for whom support is authorized, the obligation of the person ordered to pay support terminates on the happening of the contingency. 

The court may, in the original order for support, order the custodial parent or other person to whom payments are to be made to notify the person ordered to make the payments, or the person’s attorney of record, of the happening of the contingency. If the custodial parent or other person having physical custody of the child, to whom payments are to be made, fails to notify the person ordered to make the payments, or the attorney of record of the person ordered to make the payments, of the happening of the contingency and continues to accept support payments, the person is required to refund all moneys received that accrued after the happening of the contingency, except that the overpayments shall first be applied to any support payments that are then in default.

Section 4007.5 requires every money judgment or order for support of a child to be suspended for any period exceeding 90 consecutive days in which the person ordered to pay support is incarcerated or involuntarily institutionalized, unless the person owing support has the means to pay support while incarcerated or involuntarily institutionalized.

For persons owing support who are released from incarceration or involuntary institutionalization, the child support obligation resumes on the first day of the 10th month after release from incarceration or involuntary institutionalization of the person owing support. This section does not prohibit the local child support agency or a party from petitioning a court for a determination of child support or arrears amounts.

In addition, the terms “incarcerated or involuntarily institutionalized” and “suspend” are defined. This section applies to any child support obligation that accrues on or after the enactment of this section regardless of when the child support order was established.

Section 4008 allows the community property, the quasi-community property, and the separate property to be subjected to the support of the children in the proportions the court determines are just.

Section 4009 provides that an original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading.

Section 4010 requires the court, in a proceeding in which the court orders a payment for the support of a child, to provide the parties with a document describing the procedures by which the order may be modified.

Section 4011 requires the court to make payment of child support ordered by the court to be made by the person owing the support payment before payment of any debts owed to creditors.

Section 4012 allows the court, upon a showing of good cause, to order a parent required to make a payment of child support to give reasonable security for the payment.

Section 4013 authorizes the court, if obligations for support of a child are discharged in bankruptcy, to make all proper orders for the support of the child that the court determines are just.

Section 4014 requires an order for child support issued or modified pursuant to this chapter to include a provision requiring the obligor and child support obligee to notify the other parent or, if the order requires payment through an agency, the agency named in the order, of the name and address of the person’s current employer.