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 Senate September 06, 2019

Amended IN Senate August 30, 2019

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.

This bill would instead prohibit the department and local child support agencies from collecting interest that accrues on or after January 1, 2022, on the principal amount of child support that has been assigned as described above.

This bill would incorporate additional changes to Section 17500 of the Family Code proposed by SB 337 to be operative only if this bill and SB 337 are enacted and this bill is enacted last.

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) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned.

SEC. 2.5.

Section 17500 of the Family Code is amended to read:

17500.

(c) (1) 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).

(2) (A) 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).
(B) Commencing January 1, 2022, and to the extent permitted under federal law, a “child support delinquency” does not include an arrearage or otherwise past due amount owed to the state that the local child support agency or department has determined to be uncollectible.
(C) In determining the meaning of “uncollectible” for purposes of arrearages and otherwise past due amounts owed to the state, the department or the local child support agency shall, consistent with Section 303.11 of Title 45 of the Code of Federal Regulations, consider all of the following factors:
(i) Income and assets available to pay the arrearage or otherwise past due amount.
(ii) Source of income.
(iii) Age of the arrearage or otherwise past due amount.
(iv) The number of support orders.
(v) Employment history.
(vi) Payment history.
(vii) Incarceration history.
(viii) Whether the order was based on imputed income.
(ix) Other readily ascertainable debts.
(D) Notwithstanding subparagraph (C), the department and a local child support agency shall deem an arrearage or otherwise past due amount owed to the state as “uncollectible” if the noncustodial parent’s sole income is from any of the following:
(i) Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) benefits.
(ii) A combination of SSI/SSP benefits and Social Security Disability Insurance (SSDI) benefits.
(iii) Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) benefits.
(iv) Veterans Administration Disability Compensation benefits.
(E) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision through a child support services letter or similar instruction until regulations are adopted. Thereafter, the department shall adopt regulations to implement this section by July 1, 2022.

(e) Notwithstanding any other law, if child support is assigned pursuant to Section 11477 of the Welfare and Institutions Code, the department or local child support agency shall not collect interest that accrues on or after January 1, 2022, on the principal amount that has been assigned.

SEC. 3.
Section 2.5 of this bill incorporates amendments to Section 17500 of the Family Code proposed by both this bill and SB 337. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2020, (2) each bill amends Section 17500 of the Family Code, and (3) this bill is enacted after SB 337, in which case Section 2 of this bill shall not become operative.