Amended  IN  Senate  March 25, 2021
Amended  IN  Senate  March 04, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 454

Introduced by Senator Bates
(Principal coauthors: Assembly Members Choi and Nguyen)
(Coauthors: Assembly Members Chen, Daly, and Davies)

February 16, 2021

An act to amend Sections 17523 and 17523.5 of the Family Code, relating to child support.


LEGISLATIVE COUNSEL'S DIGEST


SB 454, as amended, Bates. Child support: enforcement.
Existing law imposes a general obligation on both parents of a minor child to support their child in the manner suitable to the child’s circumstances. Existing law establishes the statewide uniform guidelines for calculating court-ordered child support, based on the income of both parents and the time each parent spends with the child. Existing law authorizes, if a support obligor is delinquent on paying child support and the local child support agency is enforcing a support obligation, a lien for child support against the personal property of the obligor in specified circumstances. Existing law defines “support obligor is delinquent in payment of support” to mean that the support obligor has failed to make a payment equal to one month’s support obligation.
Existing law requires the Department of Child Support Services to administer all services and perform all functions necessary to establish, collect, and distribute child support, and requires the department and the local child support agency to promptly and effectively collect and enforce child support obligations. Existing law also authorizes the transmission, filing, and recording of a lien record by departmental and local child support agency staff against real property, as specified.
This bill would instead define “support obligor is delinquent in payment of support” to mean that the support obligor is $5,000 in arrears on their support obligation. over $1,000 in arrears on their support obligation or has failed to make payments equal to 3 months of their support obligation, whichever occurs first.
This bill would, if the local child support agency is enforcing the support obligation, as specified, additionally authorize a lien for child support against the real property of the support obligor, for any amounts of overdue support over $5,000, as specified. $1,000 or when the support obligor has failed to make payments equal to 3 months of their support obligation, whichever occurs first.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 17523 of the Family Code is amended to read:

17523.
 (a) Notwithstanding any other provision of law, if a support obligor is delinquent in the payment of support and the local child support agency is enforcing the support obligation pursuant to Section 17400 or 17402, a lien for child support shall arise against the personal property of the support obligor in either of the following circumstances:
(1) By operation of law for all amounts of overdue support, regardless of whether the amounts have been adjudicated or otherwise determined.
(2) When either a court having continuing jurisdiction or the local child support agency determines a specific amount of arrearages is owed by the support obligor.
(b) The lien for child support shall be perfected by filing a notice of child support lien with the Secretary of State pursuant to Section 697.510 of the Code of Civil Procedure. Once filed, the child support lien shall have the same priority, force, and effect as a judgment lien on personal property pursuant to Article 3 (commencing with Section 697.510) of Chapter 2 of Division 2 of Article 9 of the Code of Civil Procedure.
(c) For purposes of this section, the following definitions shall apply:
(1) “Notice of child support lien” means a document filed with the Secretary of State that substantially complies with the requirements of Section 697.530 of the Code of Civil Procedure.
(2) “Support obligor is delinquent in payment of support” means that the obligor is five thousand dollars ($5,000) in arrears on their support obligation. over one thousand dollars ($1,000) in arrears on their support obligation or has failed to make payments equal to three months of their support obligation, whichever occurs first.
(3) “Personal property” means that property that is subject to attachment by a judgment lien pursuant to Section 697.530 of the Code of Civil Procedure.
(d) Nothing in this section shall affect the priority of any of the following interests:
(1) State tax liens as set forth in Article 2 (commencing with Section 7170) of Division 7 of Title 1 of the Government Code.
(2) Liens or security interests as set forth in Article 3 (commencing with Section 697.510) of Chapter 2 of Division 2 of Article 9 of the Code of Civil Procedure.
(e) As between competing child support liens and state tax liens, a child support lien arising under this section shall have priority over a state tax lien if (1) the child support lien is filed with the Secretary of State, (2) the notice of child support lien is filed in an action or proceeding in which the obligor may become entitled to property or money judgment, or (3) the levy for child support on personal property is made, before a notice of state tax lien is filed with the Secretary of State pursuant to Section 7171 of the Government Code or filed in an action or proceeding in accordance with Section 7173 of the Government Code.
(f) A personal property lien for child support arising in another state may be enforced in the same manner and to the same extent as a personal property lien arising in this state.

SEC. 2.

 Section 17523.5 of the Family Code is amended to read:

17523.5.
 (a) (1) Notwithstanding any other law, in connection with the duty of the department and the local child support agency to promptly and effectively collect and enforce child support obligations under Title IV-D, the transmission, filing, and recording of a lien record by departmental and local child support agency staff that arises pursuant to subdivision (a) of Section 4506 of this code or Section 697.320 of the Code of Civil Procedure against the real property of a support obligor in the form of a digital or a digitized electronic record shall be permitted and governed only by this section.
(2) (A) Notwithstanding any other law, if a support obligor is delinquent in the payment of support and the local child support agency is enforcing the support obligation pursuant to Section 17400 or 17402, a lien for child support shall arise against the real property of the support obligor by operation of law for any amounts of overdue support over five thousand dollars ($5,000), one thousand dollars ($1,000) or when the support obligor has failed to make payments equal to three months of their support obligation, whichever occurs first, regardless of whether the amounts have been adjudicated or otherwise determined.
(B) A lien under subparagraph (A) is perfected when an abstract or notice pursuant to Section 4506 of this code or Section 697.320 of the Code of Civil Procedure is recorded.
(3) A facsimile signature that complies with the requirements of paragraph (2) of subdivision (b) of Section 27201 of the Government Code shall be accepted on any document relating to a lien that is filed or recorded pursuant to this section.
(4) The department and the local child support agency may use the California Child Support Enforcement System to transmit, file, and record a lien record under this section.
(b) Nothing in this section shall be construed to require a county recorder to establish an electronic recording delivery system or to enter into a contract with an entity to implement this section.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Digital electronic record” means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means, but not created in original paper form.
(2) “Digitized electronic record” means a scanned image of the original paper document.