BILL NUMBER: SB 1483 CHAPTERED
BILL TEXT
CHAPTER 876
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2006
APPROVED BY GOVERNOR SEPTEMBER 30, 2006
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 28, 2006
AMENDED IN ASSEMBLY JUNE 26, 2006
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, 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, 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 if it 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 require 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 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, 2009.
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, child support
advocacy organizations, representatives of custodial and noncustodial
parents, 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, a blank
copy of both an 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
service of 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, child
support advocacy organizations, representatives of custodial and
noncustodial parents, 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.