Bill Text: CA AB1092 | 2019-2020 | Regular Session | Amended

California Assembly Bill 1092 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Child support: enforcement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB1092 Detail]

Download: California-2019-AB1092-Amended.html

Amended IN Assembly March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1092

Introduced by Assembly Member Jones-Sawyer

February 21, 2019

An act to amend Sections 4004 and 17500 of the Family Code, relating to child support.

LEGISLATIVE COUNSEL'S DIGEST

AB 1092, as amended, Jones-Sawyer. Child support: enforcement.

Existing law requires the parties to a proceeding in which child support is at issue to disclose whether a party is currently receiving, or intends to apply for, assistance under the California Work Opportunity and Responsibility to Kids (CalWORKs) program for the maintenance of the child.

This bill would instead require the parties to disclose whether a party is currently receiving, or currently applying for, that assistance.

Existing law requires, as a condition of eligibility for benefits under certain public assistance programs, including the CalWORKs and Medi-Cal programs, that applicants or recipients assign to the county any rights they may have to child support, as specified. Existing law delegates to the Department of Child Support Services and local child support agencies the responsibility for collecting and enforcing child support obligations, including child support delinquencies, as defined. Existing law sets the interest accrual rate on the principal amount of a money judgment that remains unsatisfied at 10%, and permits the Legislature to change that interest rate, if the change is applied prospectively.

The bill would instead ~~require~~ prohibit the department and local child support agencies, with respect to delinquencies in child support that have been assigned to the county, ~~to charge~~ from charging interest on the principal amount ~~owed at a rate no higher than the rate required by federal law.~~ owed.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 4004 of the Family Code is amended to read:

4004.

In a proceeding where there is at issue the support of a child, the court shall require the parties to reveal whether a party is currently receiving, or currently applying for, public assistance under the Family Economic Security Act of 1982 (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code) for the maintenance of the child.

SEC. 2.

Section 17500 of the Family Code is amended to read:

17500.

(a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.

(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).

(c) Except as provided in Section 17450, the local child support agency shall submit child support delinquencies to the department for purposes of supplementing the collection efforts of the local child support agencies. Submissions shall be in the form and manner and at the time prescribed by the department. Collection shall be made by the department in accordance with Section 17450. For purposes of this subdivision, “child support delinquency” means an arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).

(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after receipt of the case by the local child support agency.

(e) If child support is assigned to the county, the department or local child support agency shall not charge interest on the principal amount ~~owed at a rate higher than the rate required by federal law.~~ owed.