General Provisions for Support Order Enforcement

California’s Family Code, in Division 9, Part 5, Chapter 1, deals with general provisions regarding the enforcement of child support orders.

Section 4500 provides that an order for child, family, or spousal support that is made, entered, or enforceable in this state is enforceable under this code.

Section 4501 states that a family support order is enforceable in the same manner and to the same extent as a child support order.

Section 4502 specifies that the period for enforcement and procedure for renewal of a judgment or order for child, family, or spousal support is governed by state law.

Section 4503 notes that, if a parent has been ordered to make payments for the support of a minor child, an action to recover an arrearage in those payments may be maintained at any time within the period otherwise specified for the enforcement of such a judgment, notwithstanding the fact that the child has attained the age of 18 years.

Section 4504 provides that, if the noncustodial parent is receiving payments from the federal government and the noncustodial parent notifies the custodial person, or notifies the local child support agency, then the custodial parent or other child support obligee is required to contact the appropriate federal agency within 30 days of receiving notification that the noncustodial parent is receiving those payments to verify eligibility for each child to receive payments from the federal government because of the disability of the noncustodial parent.

If the child is potentially eligible for those payments, the custodial parent or other child support obligee is then required to apply for and cooperate with the appropriate federal agency for the receipt of those benefits on behalf of each child. The noncustodial parent must cooperate with the custodial parent or other child support obligee in making that application and provide any information necessary to complete the application.

Section 4505 allows a court to require a parent who alleges that the parent’s default in a child or family support order is due to the parent’s unemployment to submit to the appropriate child support enforcement agency or any other entity designated by the court each two weeks, or at a frequency deemed appropriate by the court, a list of at least five different places the parent has applied for employment.

Section 4506 requires an abstract of a judgment ordering a party to pay spousal, child, or family support to the other party to be certified by the clerk of the court where the judgment was entered and must contain all nine specified items of information. When a support obligation is being enforced pursuant to federal lw, the agency enforcing the obligation may record a notice of support judgment. The term “judgment” is defined.

Section 4506.1 provides that, when a support obligation is being enforced, the agency enforcing the obligation may file and record an abstract of support judgment and substitute the office address of the agency designated to receive support payments for the address of the party to whom support was ordered to be paid.

Section 4506.2 states that, when a support obligation is being enforced pursuant to federal law, the agency enforcing the obligation may file and record a substitution of payee, if a judgment or abstract of judgment has previously been recorded. When the Title IV-D agency ceases enforcement of a support obligation at the request of the support obligee, the agency may file and record a substitution of payee.

The substitution of payee is required to contain five specified items of information. But the recorded substitution of payee does not affect the priorities created by earlier recordations of support judgments or abstracts of support judgments.

Section 4507 allows a court, when the court orders a person to make payment for child support or family support, to order that individual to make that payment as provided.

Section 4508 states that this section does not apply to any child support obligor who is subject to an earnings assignment order. Also, every order or judgment to pay child support may require a child support obligor to designate an account for the purpose of paying the child support obligation by electronic funds transfer.

The court may order that each payment be electronically transferred to either the obligee’s account or the local child support agency account. The obligor would be required to notify the obligee if the depository institution or the account number is changed. No interest is to accrue on any amount subject to electronic funds transfer as long as funds are maintained in the account that are sufficient to pay the monthly child support obligation.