AB 1519, as amended, Committee on Judiciary. Judiciary omnibus: family support.
(1) Existing law obligates a parent to support his or her child. Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers all services and performs all functions necessary to establish, collect, and distribute child support. Existing law requires, if child support payments are directly deposited to an account of the recipient’s choice, that the payments only be deposited to a qualifying account, as defined, and prohibits a person or entity that issues a prepaid card or maintains or manages a prepaid card account from accepting or facilitating the direct deposit of child support payments to a prepaid card account that does not meet the requirements of a qualifying account. Existing law prohibits the Department of Child Support Services from being held liable for authorizing a direct deposit of child support payments into a prepaid card account designated by the recipient that does not meet the requirements of a qualifying account.
This bill would specify that the Department of Child Support Services has no obligation to determine whether an account at the financial institution of the recipient’s choice is a qualifying account.
(2) Existing law requires each party to a proceeding for dissolution of marriage or legal separation of the parties to serve on the other party a preliminary declaration of disclosure of assets, as specified, either concurrently with the petition for dissolution, or within 60 days of filing the petition.
This bill would clarify that the petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation or within 60 days of filing the petition.
(3) Existing law requires each county to maintain a local child support agency that has the responsibility, among other things, to promptly and effectively establish, modify, and enforce child support obligations. Existing law authorizes attorneys employed within the local child support agency to direct, control, and prosecute civil actions and proceedings in the name of the county in support of the child support activities of the Department of Child Support Services and the local child support agency.
This bill, effective July 1, 2016, would authorize a local child support agency to electronically file pleadings signed by an agent of the local child support agency under penalty of perjury. The bill would require the Judicial Council to develop rules to implement this provision.
(4) Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.
This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2015-16 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.
begin insertThis bill would incorporate additional changes to Section 2104 of the Family Code proposed by SB 340, which would become operative only if SB 340 and this bill are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2104 of the Family Code is amended to
2read:
(a) Except by court order for good cause, as provided
4in Section 2107, in the time period set forth in subdivision (f), each
5party shall serve on the other party a preliminary declaration of
6disclosure, executed under penalty of perjury on a form prescribed
7by the Judicial Council. The commission of perjury on the
8preliminary declaration of disclosure may be grounds for setting
9aside the judgment, or any part or parts thereof, pursuant to Chapter
1010 (commencing with Section 2120), in addition to any and all
11other remedies, civil or criminal, that otherwise are available under
12law for the commission of perjury. The preliminary declaration of
13disclosure shall include all tax returns filed by the declarant within
14the two years prior to the date that the
party served the declaration.
15(b) The preliminary declaration of disclosure shall not be filed
16with the court, except on court order. However, the parties shall
17file proof of service of the preliminary declaration of disclosure
18with the court.
19(c) The preliminary declaration of disclosure shall set forth with
20sufficient particularity, that a person of reasonable and ordinary
21intelligence can ascertain, all of the following:
22(1) The identity of all assets in which the declarant has or may
23have an interest and all liabilities for which the declarant is or may
24be liable, regardless of the characterization of the asset or liability
25as community, quasi-community, or separate.
P4 1(2) The declarant’s percentage of ownership in each asset and
2percentage of obligation for each liability where property is not
3solely owned by one or both of the parties. The preliminary
4declaration may also set forth the declarant’s characterization of
5each asset or liability.
6(d) A declarant may amend his or her preliminary declaration
7of disclosure without leave of the court. Proof of service of any
8amendment shall be filed with the court.
9(e) Along with the preliminary declaration of disclosure, each
10party shall provide the other party with a completed income and
11expense declaration unless an income and expense declaration has
12already been provided and is current and valid.
13(f) The petitioner shall serve
the other party with the preliminary
14declaration of disclosure either concurrently with the petition for
15dissolution or legal separation, or within 60 days of filing the
16petition. The respondent shall serve the other party with the
17preliminary declaration of disclosure either concurrently with the
18response to the petition, or within 60 days of filing the response.
19The time periods specified in this subdivision may be extended by
20written agreement of the parties or by court order.
begin insertSection 2104 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert
(a) Except by court order for good cause, as provided
23in Section 2107,begin insert or when service of the preliminary declaration
24of disclosure is not required pursuant to Section 2110,end insert in the time
25period set forth in subdivision (f), each party shall serve on the
26other party a preliminary declaration of disclosure, executed under
27penalty of perjury on a form prescribed by the Judicial Council.
28The commission of perjury on the preliminary declaration of
29disclosure may be grounds for setting aside the judgment, or any
30part or parts thereof, pursuant to Chapter 10 (commencing with
31Section 2120), in addition to any and all other remedies, civil or
32criminal, that otherwise are available under law for the commission
33of perjury. The
preliminary declaration of disclosure shall include
34all tax returns filed by the declarant within the two years prior to
35the date that the party served the declaration.
36(b) The preliminary declaration of disclosure shall not be filed
37with the court, except on court order. However, the parties shall
38file proof of service of the preliminary declaration of disclosure
39with the court.
P5 1(c) The preliminary declaration of disclosure shall set forth with
2sufficient particularity, that a person of reasonable and ordinary
3intelligence can ascertain, all of the following:
4(1) The identity of all assets in which the declarant has or may
5have an interest and all liabilities for which the declarant is or may
6be liable, regardless of the characterization of the asset or liability
7as community, quasi-community, or separate.
8(2) The declarant’s percentage of ownership in each asset and
9percentage of obligation for each liabilitybegin delete whereend deletebegin insert
whenend insert property is
10not solely owned by one or both of the parties. The preliminary
11declaration may also set forth the declarant’s characterization of
12each asset or liability.
13(d) A declarant may amend his or her preliminary declaration
14of disclosure without leave of the court. Proof of service of any
15amendment shall be filed with the court.
16(e) Along with the preliminary declaration of disclosure, each
17party shall provide the other party with a completed income and
18expense declaration unless an income and expense declaration has
19already been provided and is current and valid.
20(f) The petitioner shall serve the other party with the preliminary
21declaration of disclosure either concurrently with the petition for
22begin delete dissolution, orend deletebegin insert
dissolution or legal separation, orend insert within 60 days
23of filing the petition.begin insert When a petitioner serves the summons and
24petition by publication or posting pursuant to court order and the
25respondent files a response prior to a default judgment being
26entered, the petitioner shall serve the other party with the
27preliminary declaration of disclosure within 30 days of the
28response being filed.end insert The respondent shall serve the other party
29with the preliminary declaration of disclosure either concurrently
30with the response to the petition, or within 60 days of filing the
31response. The time periods specified in this subdivision may be
32extended by written agreement of the parties or by court order.
Section 17325 of the Family Code is amended to read:
(a) (1) Notwithstanding any other law, if child support
35payments are directly deposited to an account of the recipient’s
36choice, as authorized under the federal Electronic Fund Transfer
37Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), the payments may only
38be deposited to an account that meets the requirements of a
39qualifying account, as defined in paragraph (2), for deposit of child
40support payments.
P6 1(2) For purposes of this section, a “qualifying account” is one
2of the following:
3(A) A demand deposit or savings account at an insured financial
4institution in the name of the person entitled to the receipt of
child
5support payments.
6(B) A prepaid card account that meets all of the following:
7(i) The account is held at an insured financial institution.
8(ii) The account is set up to meet the requirements for
9passthrough deposit or share insurance so that the funds accessible
10through the account are eligible for insurance for the benefit of
11the person entitled to the receipt of child support payments by the
12Federal Deposit Insurance Corporation in accordance with Part
13330 of Title 12 of the Code of Federal Regulations, or the National
14Credit Union Share Insurance Fund in accordance with Part 745
15of Title 12 of the Code of Federal Regulations.
16(iii) The account
is not attached to any credit or overdraft feature
17that is automatically repaid from the account after delivery of the
18payment.
19(iv) The issuer of the card complies with all of the requirements,
20and provides the holder of the card with all of the consumer
21protections, that apply to a payroll card account under the rules
22implementing the EFTA or other rules subsequently adopted under
23the EFTA that apply to prepaid card accounts.
24(3) A person or entity that issues a prepaid card or maintains or
25manages a prepaid card account that does not comply with
26paragraph (2) shall not accept or facilitate the direct deposit of
27child support payments to the prepaid card account.
28(b) For purposes of this section, the department shall not be held
29
liable for authorizing a direct deposit of child support payments
30into a prepaid card account designated by the recipient that does
31not comply with paragraph (2) of subdivision (a). The department
32has no obligation to determine whether an account at the financial
33institution of the recipient’s choice is a qualifying account as
34described in subdivision (a).
35(c) For the purposes of this section, the following definitions
36shall apply:
37(1) “Financial institution” means a state or national bank, a state
38or federal savings and loan association, a mutual savings bank, or
39a state or federal credit union.
40(2) “Issuer” means a person or entity that issues a prepaid card.
P7 1(3) “Payroll card account” shall have the same meaning as that
2term is defined in the regulations implementing the EFTA.
3(4) “Prepaid card” or “prepaid card account” means either of
4the following:
5(A) A card, code, or other means of access to funds of a recipient
6that is usable at multiple, unaffiliated merchants for goods or
7services, or usable at automated teller machines.
8(B) The same as those terms or related terms are defined in the
9regulations adopted under the EFTA regarding general use
10reloadable cards.
Section 17400 of the Family Code is amended to read:
(a) Each county shall maintain a local child support
13agency, as specified in Section 17304, that shall have the
14responsibility for promptly and effectively establishing, modifying,
15and enforcing child support obligations, including medical support,
16enforcing spousal support orders established by a court of
17competent jurisdiction, and determining paternity in the case of a
18child born out of wedlock. The local child support agency shall
19take appropriate action, including criminal action in cooperation
20with the district attorneys, to establish, modify, and enforce child
21support and, if appropriate, enforce spousal support orders if the
22child is receiving public assistance, including Medi-Cal, and, if
23requested,
shall take the same actions on behalf of a child who is
24not receiving public assistance, including Medi-Cal.
25(b) (1) Notwithstanding Sections 25203 and 26529 of the
26Government Code, attorneys employed within the local child
27support agency may direct, control, and prosecute civil actions
28and proceedings in the name of the county in support of child
29support activities of the Department of Child Support Services and
30the local child support agency.
31(2) Notwithstanding any other law, and except for pleadings or
32documents required to be signed under penalty of perjury, a local
33child support agency may substitute original signatures with any
34form of electronic signatures, including, but not limited to, typed,
35digital, or facsimile images of signatures, digital signatures,
or
36other computer-generated signatures, on pleadings filed for the
37purpose of establishing, modifying, or enforcing paternity, child
38support, or medical support. Any substituted signature used by a
39local child support agency shall have the same effect as an original
P8 1signature, including, but not limited to, the requirements of Section
2128.7 of the Code of Civil Procedure.
3(3) Notwithstanding any other law, effective July 1, 2016, a
4local child support agency may electronically file pleadings signed
5by an agent of the local child support agency under penalty of
6perjury. An original signed pleading shall be executed prior to, or
7on the same day as, the day of electronic filing. Original signed
8pleadings shall be maintained by the local child support agency
9for the period of time proscribed by subdivision (a) of Section
1068152 of the
Government Code. A local child support agency may
11maintain the original signed pleading by way of an electronic copy
12in the Statewide Automated Child Support System. The Judicial
13Council, by July 1, 2016, shall develop rules to implement this
14subdivision.
15(c) Actions brought by the local child support agency to establish
16paternity or child support or to enforce child support obligations
17shall be completed within the time limits set forth by federal law.
18The local child support agency’s responsibility applies to spousal
19support only if the spousal support obligation has been reduced to
20an order of a court of competent jurisdiction. In any action brought
21for modification or revocation of an order that is being enforced
22under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651
23et seq.), the effective date of the modification or revocation
shall
24be as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or any
25subsequent date.
26(d) (1) The Judicial Council, in consultation with the department
27and representatives of the California Family Support Council, the
28Senate Committee on Judiciary, the Assembly Committee on
29Judiciary, and a legal services organization providing representation
30on child support matters, shall develop simplified summons,
31complaint, and answer forms for any action for support brought
32pursuant to this section or Section 17404. The Judicial Council
33may combine the summons and complaint in a single form.
34(2) The simplified complaint form shall provide notice of the
35amount of child support that is sought pursuant to the guidelines
36set forth in Article 2 (commencing with Section
4050) of Chapter
372 of Part 2 of Division 9 based upon the income or income history
38of the support obligor as known to the local child support agency.
39If the support obligor’s income or income history is unknown to
40the local child support agency, the complaint shall inform the
P9 1support obligor that income shall be presumed to be the amount
2of the minimum wage, at 40 hours per week, established by the
3Industrial Welfare Commission pursuant to Section 1182.11 of
4the Labor Code unless information concerning the support obligor’s
5income is provided to the court. The complaint form shall be
6accompanied by a proposed judgment. The complaint form shall
7include a notice to the support obligor that the proposed judgment
8will become effective if he or she fails to file an answer with the
9court within 30 days of service. Except as provided in paragraph
10(2) of subdivision (a) of Section 17402, if the proposed
judgment
11is entered by the court, the support order in the proposed judgment
12shall be effective as of the first day of the month following the
13filing of the complaint.
14(3) (A) The simplified answer form shall be written in simple
15English and shall permit a defendant to answer and raise defenses
16by checking applicable boxes. The answer form shall include
17instructions for completion of the form and instructions for proper
18filing of the answer.
19(B) The answer form shall be accompanied by a blank income
20and expense declaration or simplified financial statement and
21instructions on how to complete the financial forms. The answer
22form shall direct the defendant to file the completed income and
23expense declaration or simplified financial statement with the
24answer,
but shall state that the answer will be accepted by a court
25without the income and expense declaration or simplified financial
26statement.
27(C) The clerk of the court shall accept and file answers, income
28and expense declarations, and simplified financial statements that
29are completed by hand provided they are legible.
30(4) (A) The simplified complaint form prepared pursuant to
31this subdivision shall be used by the local child support agency or
32the Attorney General in all cases brought under this section or
33Section 17404.
34(B) The simplified answer form prepared pursuant to this
35subdivision shall be served on all defendants with the simplified
36complaint. Failure to serve the simplified answer form on all
37defendants
shall not invalidate any judgment obtained. However,
38failure to serve the answer form may be used as evidence in any
39proceeding under Section 17432 of this code or Section 473 of the
40Code of Civil Procedure.
P10 1(C) The Judicial Council shall add language to the governmental
2summons, for use by the local child support agency with the
3governmental complaint to establish parental relationship and child
4support, informing defendants that a blank answer form should
5have been received with the summons and additional copies may
6be obtained from either the local child support agency or the
7superior court clerk.
8(e) In any action brought or enforcement proceedings instituted
9by the local child support agency pursuant to this section for
10payment of child or spousal support, an action to
recover an
11arrearage in support payments may be maintained by the local
12child support agency at any time within the period otherwise
13specified for the enforcement of a support judgment,
14notwithstanding the fact that the child has attained the age of
15majority.
16(f) The county shall undertake an outreach program to inform
17the public that the services described in subdivisions (a) to (c),
18inclusive, are available to persons not receiving public assistance.
19There shall be prominently displayed in every public area of every
20office of the agencies established by this section a notice, in clear
21and simple language prescribed by the Director of Child Support
22Services, that the services provided in subdivisions (a) to (c),
23inclusive, are provided to all individuals, whether or not they are
24recipients of public assistance.
25(g) (1) In any action to establish a child support order brought
26by the local child support agency in the performance of duties
27under this section, the local child support agency may make a
28motion for an order effective during the pendency of that action,
29for the support, maintenance, and education of the child or children
30that are the subject of the action. This order shall be referred to as
31an order for temporary support. This order has the same force and
32effect as a like or similar order under this code.
33(2) The local child support agency shall file a motion for an
34order for temporary support within the following time limits:
35(A) If the defendant is the mother, a presumed father under
36Section 7611, or
any father if the child is at least six months old
37when the defendant files his or her answer, the time limit is 90
38days after the defendant files an answer.
39(B) In any other case in which the defendant has filed an answer
40prior to the birth of the child or not more than six months after the
P11 1birth of the child, then the time limit is nine months after the birth
2of the child.
3(3) If more than one child is the subject of the action, the
4limitation on reimbursement shall apply only as to those children
5whose parental relationship and age would bar recovery were a
6separate action brought for support of that child or those children.
7(4) If the local child support agency fails to file a motion for an
8order for temporary support
within the time limits specified in this
9section, the local child support agency shall be barred from
10obtaining a judgment of reimbursement for any support provided
11for that child during the period between the date the time limit
12expired and the date the motion was filed, or, if no motion is filed,
13when a final judgment is entered.
14(5) Except as provided in Section 17304, nothing in this section
15prohibits the local child support agency from entering into
16cooperative arrangements with other county departments as
17necessary to carry out the responsibilities imposed by this section
18pursuant to plans of cooperation with the departments approved
19by the Department of Child Support Services.
20(6) Nothing in this section otherwise limits the ability of the
21local child support agency
from securing and enforcing orders for
22support of a spouse or former spouse as authorized under any other
23law.
24(h) As used in this article, “enforcing obligations” includes, but
25is not limited to, all of the following:
26(1) The use of all interception and notification systems operated
27by the department for the purpose of aiding in the enforcement of
28support obligations.
29(2) The obtaining by the local child support agency of an initial
30order for child support that may include medical support or that
31is for medical support only, by civil or criminal process.
32(3) The initiation of a motion or order to show cause to increase
33an existing child support order, and the
response to a motion or
34order to show cause brought by an obligor parent to decrease an
35existing child support order, or the initiation of a motion or order
36to show cause to obtain an order for medical support, and the
37response to a motion or order to show cause brought by an obligor
38parent to decrease or terminate an existing medical support order,
39without regard to whether the child is receiving public assistance.
P12 1(4) The response to a notice of motion or order to show cause
2brought by an obligor parent to decrease an existing spousal support
3order if the child or children are residing with the obligee parent
4and the local child support agency is also enforcing a related child
5support obligation owed to the obligee parent by the same obligor.
6(5) The referral of child support
delinquencies to the Franchise
7Tax Board under subdivision (c) of Section 17500 in support of
8the local child support agency.
9(i) As used in this section, “out of wedlock” means that the
10biological parents of the child were not married to each other at
11the time of the child’s conception.
12(j) (1) The local child support agency is the public agency
13responsible for administering wage withholding for current support
14for the purposes of Title IV-D of the Social Security Act (42 U.S.C.
15Sec. 651 et seq.).
16(2) Nothing in this section limits the authority of the local child
17support agency granted by other sections of this code or otherwise
18granted by law.
19(k) In the exercise of the authority granted under this article,
20the local child support agency may intervene, pursuant to
21subdivision (b) of Section 387 of the Code of Civil Procedure, by
22ex parte application, in any action under this code, or other
23proceeding in which child support is an issue or a reduction in
24spousal support is sought. By notice of motion, order to show
25cause, or responsive pleading served upon all parties to the action,
26the local child support agency may request any relief that is
27appropriate that the local child support agency is authorized to
28seek.
29(l) The local child support agency shall comply with all
30regulations and directives established by the department that set
31time standards for responding to requests for assistance in locating
32noncustodial parents, establishing paternity, establishing child
33support
awards, and collecting child support payments.
34(m) As used in this article, medical support activities that the
35local child support agency is authorized to perform are limited to
36the following:
37(1) The obtaining and enforcing of court orders for health
38insurance coverage.
39(2) Any other medical support activity mandated by federal law
40or regulation.
P13 1(n) (1) Notwithstanding any other law, venue for an action or
2proceeding under this division shall be determined as follows:
3(A) Venue shall be in the superior court in the county that is
4currently expending public assistance.
5(B) If public assistance is not currently being expended, venue
6shall be in the superior court in the county where the child who is
7entitled to current support resides or is domiciled.
8(C) If current support is no longer payable through, or
9enforceable by, the local child support agency, venue shall be in
10the superior court in the county that last provided public assistance
11for actions to enforce arrearages assigned pursuant to Section
1211477 of the Welfare and Institutions Code.
13(D) If subparagraphs (A), (B), and (C) do not apply, venue shall
14be in the superior court in the county of residence of the support
15obligee.
16(E) If the support obligee does not
reside in California, and
17subparagraphs (A), (B), (C), and (D) do not apply, venue shall be
18in the superior court of the county of residence of the obligor.
19(2) Notwithstanding paragraph (1), if the child becomes a
20resident of another county after an action under this part has been
21filed, venue may remain in the county where the action was filed
22until the action is completed.
23(o) The local child support agency of one county may appear
24on behalf of the local child support agency of any other county in
25an action or proceeding under this part.
Section 69619 is added to the Government Code, to
27read:
(a) The Legislature hereby ratifies the authority of the
29Judicial Council to convert 10 subordinate judicial officer positions
30to judgeships in the 2015-16 fiscal year when the conversion will
31result in a judge being assigned to a family law or juvenile law
32assignment previously presided over by a subordinate judicial
33officer, pursuant to subparagraph (C) of paragraph (1) of
34subdivision (c) of Section 69615.
35(b) The action described in subdivision (a) shall be in addition
36to any action that may be taken pursuant to the authority described
37in subparagraph (B) of paragraph (1) of subdivision (c) of Section
3869615 to convert up to 16 subordinate judicial officer positions
to
39judgeships.
Section 1.5 of this bill incorporates amendments to
2Section 2104 of the Family Code proposed by both this bill and
3Senate Bill 340. It shall only become operative if (1) both bills are
4enacted and become effective on or before January 1, 2016, (2)
5each bill amends Section 2104 of the Family Code, and (3) this
6bill is enacted after Senate Bill 340, in which case Section 1 of this
7bill shall not become operative.
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