BILL NUMBER: SB 578	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 27, 2009

   An act to amend Section 17433.5 of the Family Code, relating to
child support.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 578, as introduced, Wright. Child support: interest.
   Existing law provides that in any action to enforce child support
obligations, interest does not accrue on an obligation for current
child, spousal, family, or medical support due in a given month until
the first day of the following month.
   This bill would additionally provide that no interest would accrue
on an obligation for that support in a given month in which the
obligor has paid the current month's court-ordered payments of
current support and arrears, as specified. The bill would require the
Department of Child Support Services to implement that provision by
letters or similar instructions, as specified.
   The bill would become operative on January 1, 2011.
   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 17433.5 of the Family Code is amended to read:
   17433.5.   (a)    In any action enforced
pursuant to this article, no interest shall accrue on an obligation
for current child, spousal, family, or medical support due in a given
month until the first day of the following month. 
   (b) Notwithstanding any other provision of law, interest on
obligations for current and past due child, spousal, family, or
medical support accrues as provided in Section 685.010 of the Code of
Civil Procedure unless suspended under subdivision (c).  
   (c) Interest accrual on arrears shall be suspended during those
months in which the obligor has paid the current month's
court-ordered payments of current support and arrears.  
   (1) Interest accrual will be suspended on the first day of the
month following the current payment.  
   (2) Interest accrual will resume on the first day of the month
following the month in which a court-ordered payment of current
support and arrears is not received.  
   (d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement this section by means of child support
services (CSS) letters or similar instructions, without taking any
further regulatory action. Thereafter, the department may adopt
regulations, as necessary, to implement this section in accordance
with the requirements of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code. 
  SEC. 2.  This act shall become operative on January 1, 2011.