Published: 2015-07-08
Key Benefits:
An income-withholding order issued in another state may be sent to the person or entity defined as the obligor’s employer pursuant to Section 5210 without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor’s employer pursuant to Section 5210 without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
(Amended by Stats. 2002, Ch. 349, Sec. 28. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
(a) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor.
(b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.
(c) Except as otherwise provided in subdivision (d) and Section 4942, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify any of the following:
(1) The duration and the amount of periodic payments of current child support, stated as a sum certain.
(2) The person or agency designated to receive payments and the address to which the payments are to be forwarded.
(3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment.
(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee’s attorney, stated as sums certain.
(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to any of the following:
(1) The employer’s fee for processing an income-withholding order.
(2) The maximum amount permitted to be withheld from the obligor’s income.
(3) The times within which the employer must implement the withholding order and forward the child support payment.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
(a) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor.
(b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.
(c) Except as otherwise provided in subdivision (d) and Section 4942, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify any of the following:
(1) The duration and the amount of periodic payments of current child support, stated as a sum certain.
(2) The person designated to receive payments and the address to which the payments are to be forwarded.
(3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment.
(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee’s attorney, stated as sums certain.
(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to any of the following:
(1) The employer’s fee for processing an income-withholding order.
(2) The maximum amount permitted to be withheld from the obligor’s income.
(3) The times within which the employer must implement the withholding order and forward the child support payment.
(Amended by Stats. 2002, Ch. 349, Sec. 29. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
If an obligor’s employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
If an obligor’s employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.
(Amended by Stats. 2002, Ch. 349, Sec. 30. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to any individual or agency with regard to the employer’s withholding of child support from the obligor’s income.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998.)
An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998.)
(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state in the same manner as if the order had been issued by a tribunal of this state. Section 4953 applies to the contest.
(b) The obligor shall give notice of the contest to:
(1) A support enforcement agency providing services to the obligee;
(2) Each employer that has directly received an income-withholding order; and
(3) The person or agency designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Article 6 (commencing with Section 4950), or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
(b) The obligor shall give notice of the contest to all of the following:
(1) A support enforcement agency providing services to the obligee.
(2) Each employer that has directly received an income-withholding order relating to the obligor.
(3) The person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.
(Amended by Stats. 2002, Ch. 349, Sec. 31. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
(a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.
(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.
(Added by Stats. 1997, Ch. 194, Sec. 2. Effective January 1, 1998. Superseded on operative date (July 1, 2004, or later) of amendment by Stats. 2002, Ch. 349.)
(a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.
(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.
(Amended by Stats. 2002, Ch. 349, Sec. 32. Effective January 1, 2003. Operative July 1, 2004, or later, upon federal government action specified in Sec. 47 of Ch. 349.)
