BILL NUMBER: SB 1483 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2006
AMENDED IN SENATE MAY 26, 2006
AMENDED IN SENATE MAY 2, 2006
AMENDED IN SENATE APRIL 17, 2006
INTRODUCED BY Senator Alquist
FEBRUARY 23, 2006
An act to add and repeal Section 17441 of the Family Code,
relating to child support.
LEGISLATIVE COUNSEL'S DIGEST
SB 1483, as amended, Alquist Child support.
Existing law sets forth provisions by which a child support order
may be revised by the court and specifies that a support order may
not be modified or terminated as to an amount that accrued before the
filing of a motion or an order to show cause to modify, except as
specified.
This bill, until January 1, 2009 2010
, would establish, if approved by a resolution of a county
board of supervisors, a child support pilot project for the Counties
of Alameda, Fresno, Orange, San Mateo, and Santa Clara. The bill
would authorize the court in those counties to modify a child support
order when a local child support agency submits an application for
modification of support that complies with specified provisions. The
bill would specifically authorize a local child support agency to
seek modification of an existing child support order or to
set an amount for support when the issue has been reserved
if it determines has received income
information for one or both parents that indicates that an
existing order is not in substantial conformity with state child
support guidelines, as specified.
The bill would also establish procedures by which a party
may object to the proposed order. The bill would require
each county that adopts the child support pilot project to
work in conjunction with the local courts the
Department of Child Support Services to develop and
annually review necessary and appropriate forms for
implementation of the expedited order modification process and would
require the Department of Child Support Services to compile
appropriate statistics to determine and the Judicial
Council to conduct an evaluation of the effectiveness of this
pilot project and report the results to the Governor and the
Legislature by July 1, 2008 2009 .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17441 is added to the
Family Code , to read:
17441. (a) If a local child support agency is providing child
support services pursuant to Title IV-D of the Social Security Act
and pursuant to Section 17400, 17402, or 17404, the court may modify
a child support order when a local child support agency submits an
application for modification of support in compliance with this
section. An order issued pursuant to this section shall be known as
an expedited modification order.
(b) The local child support agency may seek modification of an
existing child support order under this section if it has received
income information for one or both of the parents that indicates that
an existing order is not in substantial conformity with state child
support guidelines and the case meets criteria established by the
Department of Child Support Services. In developing the criteria for
cases to be eligible for expedited modification under this section,
the Department of Child Support Services shall consult with the Child
Support Directors Association, the Judicial Council and
representatives of the local child support agencies, child support
commissioners, and family law facilitators from the counties that are
designated as the pilot counties in subdivision (i). The criteria
shall be developed within six months of the enactment of this act and
shall be annually reviewed by the Department of Child Support
Services in consultation with the stakeholders identified in this
section.
(c) To establish an expedited modification order, the local child
support agency shall serve an application to modify child support,
child support guideline worksheet, proposed order of support,
objection to modification and request for hearing, and instructions
on how to complete the objection to modification and request for
hearing on both parents. The child support guideline worksheet shall
include a simple to read statement of the financial and visitation
factors used to determine the guideline level of child support and a
description of the sources of information used to determine the
financial and visitation factors. Service of the application and
supporting documents may be made as specified in the Code of Civil
Procedure. Service by mail shall be to a verified active address on
file with the local child support agency.
(d) A party may object to the proposed order and request a hearing
by serving the local child support agency, within 30 days of receipt
of the application to modify child support, with a completed
objection to modification and request for hearing.
(e) Upon receipt of an objection, the local child support agency
shall file the objection together with the application to modify
support, the proposed order, and the child support guideline
worksheet with the court. The court shall set the matter for hearing.
The local child support agency shall give each party 30 days written
notice of the hearing date. At the hearing on the objection to the
proposed order, the court may enter a child support order that is in
accordance with the state child support guideline.
(f) If the local child support agency does not receive an
objection to modification and request for a hearing within 40 days of
mailing the application, it may file the proposed order, the
application to modify child support, and the child support guideline
worksheet with the court, together with a proof of service for the
parties and a statement verifying that the local child support agency
has not received an objection to the proposed order. The court may
issue a final order of modification upon receipt of these documents
without further hearing or evidence. However, no final order shall be
issued unless the local child support agency certifies that service
was made to an address verified as current and active, within the
last 90 days, through a reliable government database. The local child
support agency shall serve the final order upon the parties by mail
along with forms and information necessary to set aside the order.
(g) (1) Any order modified pursuant to subdivision (e) may be made
retroactive to the date of filing of the objection, application to
modify support, proposed order, and child support guideline
worksheet.
(2) Except for good cause shown, any order modified pursuant to
subdivision (f) shall be effective on the first day of the month
following the date of service of the application and supporting
documents as provided in the Code of Civil Procedure.
(h) Notwithstanding any other law, the local child support agency
or either parent may file a motion to set aside an expedited
modification of support established under subdivision (f) within one
year of the first collection of support that occurs after
modification of the order. The one-year time period from the first
collection shall run from the date that the local child support
agency receives the collection. If the expedited modification order
was for zero support, the one-year period shall run from the date
that the party filing the motion to set aside the support order
received notice of the modified order. Upon the request of either
parent made within the timeframes set forth in this subdivision, the
local child support agency shall file a motion to set aside the
order. The court retains the jurisdiction to set support at the
appropriate amount back to the commencement date of the vacated order
in the event a set aside is granted.
(i) This section shall apply only to the counties of Alameda,
Fresno, Orange, San Mateo, and Santa Clara as a pilot project. The
Department of Child Support Services and the Judicial Council shall
conduct an evaluation of the effectiveness of this pilot project and
shall report the results of the pilot project to the Governor and the
Legislature on or before July 1, 2009.
(j) The Department of Child Support Services shall develop forms
to implement this section in consultation with the Judicial Council,
representatives of the Child Support Directors Association, and the
local child support agencies, child support commissioners, and family
law facilitators from the counties that are designated as the pilot
counties in subdivision (i). The forms shall be developed within six
months of the enactment of this act and shall be annually reviewed by
the Department of Child Support Services in consultation with the
stakeholders identified in this section.
(k) This section shall not be operative in a county described in
subdivision (i) until the county board of supervisors adopts a
resolution that makes this section applicable in that county.
(l) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SECTION 1. Section 17441 is added to the Family
Code, to read:
17441. (a) If a local child support agency is providing child
support services pursuant to Title IV-D of the Social Security Act
and pursuant to Section 17400, 17402, or 17404, the court may modify
a child support order when a local child support agency submits an
application for modification of support in compliance with this
section. An order issued pursuant to this section shall be known as
an expedited modification order.
(b) The local child support agency may seek modification of an
existing child support order or to set an amount for support when the
issue has been reserved if it determines that an existing order is
not in substantial conformity with state child support guidelines. An
order is not in substantial compliance when a guideline calculation
on the present factors results in a change of 20 percent or fifty
dollars ($50) to the existing order, whichever is less.
(c) To establish an expedited modification order the local child
support agency shall serve an application to modify child support,
child support guideline worksheet, proposed order of support,
objection to modification and request for hearing, and objection to
support modification instructions on both parents. The child support
guideline worksheet shall include a simple to read statement of the
financial and visitation factors used to determine the guideline
level of child support. Service of the application and supporting
documents may be made as specified in the Code of Civil Procedure.
(d) A party may object to the proposed order and request a hearing
by serving the local child support agency, within 30 days of receipt
of the application to modify child support, with all of the
following: (1) an objection to modification and request for hearing,
(2) a completed income and expense declaration, and (3) either the
three most recent pay stubs or the most recent income tax return. The
objection shall include a declaration that identifies the reason why
the proposed order is not appropriate.
(e) Upon receipt of an objection, the local child support agency
shall file the objection with the court. The court shall set the
matter for hearing. The local child support agency shall give each
party 30 days' written notice of the hearing date. At the hearing on
the objection to the proposed order, the court may enter a child
support order that is in accordance with the state child support
guideline.
(f) If the local child support agency does not receive an
objection and request for hearing within 30 days of mailing the
application, it may file the proposed order with the court, along
with a declaration in support of final order, that shall include a
statement verifying that the local child support agency has
personally served or mailed service according to the requirements of
this section, and the local child support agency has not received an
objection to the proposed order. The court may issue a final order of
modification upon receipt of these documents without further hearing
or evidence.
(g) Except for good cause shown, any order modified pursuant to
the terms of this section shall be effective on the first day of the
month following the date service of the application and supporting
documents is complete, as provided in the Code of Civil Procedure.
(h) This section shall apply only to the Counties of Alameda,
Fresno, Orange, San Mateo, and Santa Clara as a pilot project. The
Department of Child Support Services shall compile appropriate
statistics to determine the effectiveness of this pilot project and
shall report the results of the pilot project to the Governor and the
Legislature on or before July 1, 2008.
(i) Each county shall work in conjunction with the local courts to
develop necessary and appropriate forms for implementation of the
expedited order modification process.
(j) This section shall not be operative in a county described in
subdivision (h) until the county board of supervisors adopts a
resolution that makes this section applicable in that county.
(k) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.