BILL NUMBER: SB 578	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2009

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 amended, 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. 
   The California Work Opportunity and Responsibility to Kids Act
(CalWORKs) provides funding to certain families for various social
services. Existing law requires a recipient of funding under CalWORKs
to assign to the county any rights to support from any other person
the recipient may have on his or her own behalf or on behalf of any
other family member for whom the recipient is receiving aid, as
specified. Existing law provides that an assignment of support rights
to the county constitutes an assignment to the state. 
   This bill would additionally provide that no interest would accrue
on  an obligation for that support   arrears
that are a result of aid granted under CalWORKs and that have been
assigned to the state, as specified,  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  that are a result of aid
granted under Chapter 2 (commencing with Section 11200) of Part 
 3 of Division 9 of the Welfare and Institutions Code, and that
have been assigned to the state pursuant to Section 11477 of the
Welfare and Institutions Code, up to the amount of total aid
expended,  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.