Bill Text: CA SB946 | 2021-2022 | Regular Session | Introduced


Bill Title: Child support payments.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2022-06-02 - Referred to Coms. on JUD. and HUM. S. [SB946 Detail]

Download: California-2021-SB946-Introduced.html


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 946


Introduced by Senator Jones

February 08, 2022


An act to amend Sections 4204 and 17404.4 of the Family Code, relating to child support.


LEGISLATIVE COUNSEL'S DIGEST


SB 946, as introduced, Jones. Child support payments.
Existing law obligates a parent to support their child. Existing law authorizes a local child support agency, when an order of child support is assigned to the county or the local child support agency is providing child support enforcement services, to issue a notice directing the child support payments to be made to the local child support agency, another county office, or the State Disbursement Unit. Existing law requires the local child support agency to serve this notice on the support obligor and obligee and to file the notice in the action in which the child support order was issued.
This bill would require a local child support agency to issue the notice.
Existing law also authorizes the Department of Child Support Services or the local child support agency, upon request from the support enforcement agency of another state where a custodial party has either assigned the right to receive support or has requested support enforcement services, to issue a notice to change a payee on an issued support order. Existing law requires the notice of the administrative change of payee to be filed with the court in which the order was issued or last registered.
This bill would require the department or the local child support agency to issue a notice to change a payee on an issued support order.
By increasing the duties of local child support agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 4204 of the Family Code is amended to read:

4204.
 Notwithstanding any other provision of law, in any proceeding where the court has made an order requiring the payment of child support to a person having custody of a child and the child support is subsequently assigned to the county pursuant to Section 11477 of the Welfare and Institutions Code or the person having custody has requested the local child support agency to provide child support enforcement services pursuant to Section 17400, the local child support agency may shall issue a notice directing that the payments shall be made to the local child support agency, another county office, or the State Disbursement Unit pursuant to Section 17309. The notice shall be served on both the support obligor and obligee in compliance with Section 1013 of the Code of Civil Procedure. The local child support agency shall file the notice in the action in which the support order was issued.

SEC. 2.

 Section 17404.4 of the Family Code is amended to read:

17404.4.
 In exercising the jurisdiction under Section 5700.319, either the department or the local child support agency may shall issue a notice to change payee on a support order issued in this state, upon request from the support enforcement agency of another state where a custodial party has either assigned the right to receive support or has requested support enforcement services. Notice of the administrative change of payee shall be filed with the court in which the order was issued or last registered.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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