CALIFORNIA FAMILY LAW FOR PARALEGALS, 5 th Ed. Chapter Ten Enforcement.

CALIFORNIA CALIFORNIA FAMILY LAW FAMILY LAW

FOR FOR PARALEGALS, 5PARALEGALS, 5thth

Ed.Ed.Chapter TenChapter TenEnforcementEnforcement

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A. INTRODUCTIONA. INTRODUCTION

In every piece of contested litigation there In every piece of contested litigation there is one side who is satisfied with the is one side who is satisfied with the outcome and another side who is not so outcome and another side who is not so satisfied.satisfied.

In a perfect world, both sides would In a perfect world, both sides would adhere to the judge’s decision and ruling adhere to the judge’s decision and ruling and govern their actions accordingly.and govern their actions accordingly.

Unfortunately, very often it becomes Unfortunately, very often it becomes necessary to compel the enforcement of necessary to compel the enforcement of court orders.court orders.

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A. INTRODUCTIONA. INTRODUCTION There are generally two types of There are generally two types of

proceedings maintained to enforce proceedings maintained to enforce orders of court: an action for contempt, orders of court: an action for contempt, which has as its basic purpose which has as its basic purpose punishing the transgressor for failing to punishing the transgressor for failing to adhere to the court’s order; or, orders adhere to the court’s order; or, orders designed to secure the transfer of designed to secure the transfer of property (usually money) from one side property (usually money) from one side (usually the “losing side”) to the other (usually the “losing side”) to the other side (the person in whose favor the side (the person in whose favor the order has been entered).order has been entered).

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A. INTRODUCTIONA. INTRODUCTION

In the family law context many Family Code In the family law context many Family Code sections provide the trial court wide sections provide the trial court wide discretion in the availability of methods of discretion in the availability of methods of enforcing its judgments, orders, and enforcing its judgments, orders, and decrees.decrees.

Section 290, the first enforcement section in Section 290, the first enforcement section in the Code, provides (in pertinent part) that: the Code, provides (in pertinent part) that: “A judgment or order made or entered “A judgment or order made or entered pursuant to this code may be enforced by pursuant to this code may be enforced by the court by execution, the appointment of a the court by execution, the appointment of a receiver, or contempt, or by such other order receiver, or contempt, or by such other order as the court in its discretion determines from as the court in its discretion determines from time to time to be necessary.”time to time to be necessary.”

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B. CONTEMPTB. CONTEMPT Family Code section 290 makes it clear Family Code section 290 makes it clear

that any judgment or order made or that any judgment or order made or entered in a family law proceeding is entered in a family law proceeding is enforceable through the use of a enforceable through the use of a contempt proceeding.contempt proceeding.

Additionally, orders for child and spousal Additionally, orders for child and spousal support, the payment of attorney’s fees, support, the payment of attorney’s fees, orders relating to custody and visitation, orders relating to custody and visitation, and even orders requiring the division of and even orders requiring the division of community property are enforceable by community property are enforceable by contempt.contempt.

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B. CONTEMPTB. CONTEMPT

A contempt proceeding is what is A contempt proceeding is what is called “quasi-criminal” in nature.called “quasi-criminal” in nature.

The penalty for contempt includes The penalty for contempt includes the potential for a jail sentence.the potential for a jail sentence.

As such, an action for contempt is As such, an action for contempt is subject to much stricter guidelines subject to much stricter guidelines and protections than many other and protections than many other civil remedies and is subject to strict civil remedies and is subject to strict scrutiny with regard to establishing scrutiny with regard to establishing the existence of the contempt.the existence of the contempt.

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Contempt of court deals with the fact Contempt of court deals with the fact that the party has chosen blatantly to that the party has chosen blatantly to disobey a court order, in essence, disobey a court order, in essence, setting himself up in a position (at setting himself up in a position (at least in his mind) superior to that of least in his mind) superior to that of the court.the court.

In the context of contempt litigation, In the context of contempt litigation, there is both a civil component and a there is both a civil component and a criminal component, which are criminal component, which are concurrent and cumulative remedies.concurrent and cumulative remedies.

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The civil contempt aspect of a The civil contempt aspect of a general contempt proceeding is that general contempt proceeding is that the person charged with the the person charged with the contempt is being sentenced with contempt is being sentenced with imprisonment (or assessed a fine) imprisonment (or assessed a fine) only until he or she does that which only until he or she does that which is called for in the court order.is called for in the court order.

Conversely, a contempt is criminal in Conversely, a contempt is criminal in nature if the fundamental purpose of nature if the fundamental purpose of its use is to punish.its use is to punish.

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B. CONTEMPTB. CONTEMPT A contempt proceeding is primarily “civil” A contempt proceeding is primarily “civil”

in nature when it is used to compel in nature when it is used to compel compliance with the court’s order.compliance with the court’s order.

The The citeecitee (the word used to describe the (the word used to describe the individual charged with the contempt) can individual charged with the contempt) can “purge” himself of the contempt simply by “purge” himself of the contempt simply by doing that which is expected of him.doing that which is expected of him.

On the other hand, if the contempt On the other hand, if the contempt proceeding is not primarily designed to proceeding is not primarily designed to extract some sort of performance by the extract some sort of performance by the citee, this ability to purge himself of the citee, this ability to purge himself of the contempt is not present.contempt is not present.

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The intention is simply to punish, and The intention is simply to punish, and in that regard it starts to lean more in that regard it starts to lean more toward the criminal side of an action.toward the criminal side of an action.

Even though a contempt action Even though a contempt action involves issues “between the judge and involves issues “between the judge and the citee,” the court leaves it up to the the citee,” the court leaves it up to the other parties to the litigation to file, on other parties to the litigation to file, on judicial council forms, citations for judicial council forms, citations for contempt against the offending party.contempt against the offending party.

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When filing an action for contempt the When filing an action for contempt the other party to the litigation must plead other party to the litigation must plead and prove the existence of four elements and prove the existence of four elements to establish a prima facie case against the to establish a prima facie case against the citee.citee.

These four elements, which must be These four elements, which must be proven by the party initiating the proven by the party initiating the proceeding, are:proceeding, are:

1. the existence of a lawful order1. the existence of a lawful order 2. the citee had knowledge of the order2. the citee had knowledge of the order

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B. CONTEMPTB. CONTEMPT 3. the citee had the ability to comply with the 3. the citee had the ability to comply with the

order; and,order; and, 4. the willful disobedience of the order by the 4. the willful disobedience of the order by the

citee.citee. Because of the quasi-criminal nature of the Because of the quasi-criminal nature of the

contempt charge, the citee is entitled to several contempt charge, the citee is entitled to several of the due process rights accorded to other of the due process rights accorded to other criminal defendants, including the opportunity to criminal defendants, including the opportunity to have a formal hearing on the existence of the have a formal hearing on the existence of the contempt, the right to have a lawyer appointed contempt, the right to have a lawyer appointed free of charge to represent him in the contempt free of charge to represent him in the contempt action if he cannot afford one, formal notice of action if he cannot afford one, formal notice of the charge, and the right to remain silent.the charge, and the right to remain silent.

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B. CONTEMPTB. CONTEMPT Additionally, the citee in the contempt Additionally, the citee in the contempt

proceeding has the same right as a proceeding has the same right as a “regular” criminal defendant that the “regular” criminal defendant that the evidence of the contempt must be proven evidence of the contempt must be proven beyond a reasonable doubt rather than beyond a reasonable doubt rather than simply by a preponderance of the evidence.simply by a preponderance of the evidence.

As a general rule, there is no right to a trial As a general rule, there is no right to a trial by jury in California on a civil contempt.by jury in California on a civil contempt.

A strong argument can be made that in a A strong argument can be made that in a “criminal” civil contempt proceeding the “criminal” civil contempt proceeding the right to a jury trial should be enforced.right to a jury trial should be enforced.

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B. CONTEMPTB. CONTEMPT The Order to Show Cause for Contempt The Order to Show Cause for Contempt

(the “citation”), which establishes the (the “citation”), which establishes the charge of contempt, must be personally charge of contempt, must be personally served on the citee for the court to served on the citee for the court to acquire jurisdiction.acquire jurisdiction.

Service must be effected in manner Service must be effected in manner authorized for the service of summons.authorized for the service of summons.

This means that the charging papers This means that the charging papers must be personally served on the citee.must be personally served on the citee.

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B. CONTEMPTB. CONTEMPT The first element to be established is that The first element to be established is that

the order alleged to have been disobeyed the order alleged to have been disobeyed was in fact valid at the time of its issuance.was in fact valid at the time of its issuance.

The order must have been clear, The order must have been clear, unambiguous, and capable of being unambiguous, and capable of being understood by the citee.understood by the citee.

Any ambiguities in the order will be resolved Any ambiguities in the order will be resolved in favor of a finding that the party is not in in favor of a finding that the party is not in contempt.contempt.

As a general rule, establishment of this As a general rule, establishment of this element requires little more than requesting element requires little more than requesting the court to take judicial notice of the order the court to take judicial notice of the order that it previously entered in the action.that it previously entered in the action.

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B. CONTEMPTB. CONTEMPT The second element to be established is that The second element to be established is that

the citee had knowledge of the contents of the the citee had knowledge of the contents of the order.order.

This does not mean to say that the citee must This does not mean to say that the citee must have been personally served with a copy of have been personally served with a copy of the order, however such knowledge or notice the order, however such knowledge or notice is achieved.is achieved.

This is typically established by requesting the This is typically established by requesting the court to take judicial notice of the notation in court to take judicial notice of the notation in the court’s minutes of the hearing at which the court’s minutes of the hearing at which the original order was announced from the the original order was announced from the bench of the fact that the citee was present bench of the fact that the citee was present when the order was made.when the order was made.

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B. CONTEMPTB. CONTEMPT The third element that must be established The third element that must be established

in order to prove a case for contempt is in order to prove a case for contempt is that the citee had the ability to comply that the citee had the ability to comply with the court’s orders.with the court’s orders.

This is perhaps the most difficult element This is perhaps the most difficult element to establish because it must be done to establish because it must be done without the benefit of any input from the without the benefit of any input from the citee.citee.

The citee has the right to remain silent.The citee has the right to remain silent. He cannot be called to stand to testify He cannot be called to stand to testify

against himself nor can any statements against himself nor can any statements previously made by the citee be used to previously made by the citee be used to establish the prima facie case of contempt.establish the prima facie case of contempt.

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B. CONTEMPTB. CONTEMPT The fourth element to be established in this The fourth element to be established in this

context is that the citee’s disobedience of the context is that the citee’s disobedience of the court order was willful or, for all practical court order was willful or, for all practical purposes, inexcusable.purposes, inexcusable.

In this regard, this element is almost always In this regard, this element is almost always established in the prima facie case, thus shifting established in the prima facie case, thus shifting the burden of establishing a defense (or an the burden of establishing a defense (or an excuse for noncompliance) that the refusal to excuse for noncompliance) that the refusal to obey was not “willful.”obey was not “willful.”

Once the prima facie case for contempt has Once the prima facie case for contempt has been made, the burden shifts to the citee to been made, the burden shifts to the citee to establish any defense he may have for his establish any defense he may have for his disobedience.disobedience.

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This defense includes attempting to This defense includes attempting to demonstrate that the order, as made, is demonstrate that the order, as made, is either invalid or ambiguous, that the citee either invalid or ambiguous, that the citee did not have the ability to comply with the did not have the ability to comply with the order, that the moving party by virtue of order, that the moving party by virtue of her conduct has waived substantial her conduct has waived substantial compliance with the court’s orders or is compliance with the court’s orders or is estopped from raising contempt as a estopped from raising contempt as a defense to noncompliance, or that the defense to noncompliance, or that the contempt action violates the statute of contempt action violates the statute of limitations.limitations.

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B. CONTEMPTB. CONTEMPT With respect to contempt proceedings in a With respect to contempt proceedings in a

family law context, the court will employ that family law context, the court will employ that statute of limitations set out in Code of Civil statute of limitations set out in Code of Civil Procedure section 1218.5: “If the contempt Procedure section 1218.5: “If the contempt alleged is the failure to pay child, family, or alleged is the failure to pay child, family, or spousal support, the period of limitations for spousal support, the period of limitations for commencing a contempt action is three years commencing a contempt action is three years from the date that the payment was due.from the date that the payment was due.

If the action before the court is enforcement of If the action before the court is enforcement of another order under the Family Code, the period another order under the Family Code, the period of limitations for commencing a contempt action of limitations for commencing a contempt action is two years from the time that the alleged is two years from the time that the alleged contempt occurred.”contempt occurred.”

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B. CONTEMPTB. CONTEMPT An interesting problem that arises in the An interesting problem that arises in the

context of family law contempt concerns context of family law contempt concerns children who are unwilling to visit with the children who are unwilling to visit with the noncustodial parent.noncustodial parent.

In this context, it has been held that a In this context, it has been held that a custodial parent will only be held in custodial parent will only be held in contempt of a visitation order if he contempt of a visitation order if he possesses sufficient control over the child to possesses sufficient control over the child to actually have the ability to make the child actually have the ability to make the child available for visitation.available for visitation.

See Coursey v. Superior Court on pages See Coursey v. Superior Court on pages 442-443.442-443.

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B. CONTEMPTB. CONTEMPT Under these circumstances, however, the Under these circumstances, however, the

court might very well be inclined to shift court might very well be inclined to shift custody from the custodial parent to the custody from the custodial parent to the noncustodial parent, thus presenting the noncustodial parent, thus presenting the recalcitrant child with the option of either recalcitrant child with the option of either visiting with the noncustodial parent or living visiting with the noncustodial parent or living with her.with her.

The penalties for contempt in the context of a The penalties for contempt in the context of a family law matter include five days in jail, a family law matter include five days in jail, a fine of $1,000, or both, for each count of fine of $1,000, or both, for each count of contempt.contempt.

See example on page 443.See example on page 443. Figure 10-1 on page 444 to 447 includes the Figure 10-1 on page 444 to 447 includes the

form and its information sheet.form and its information sheet.

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C. ENFORCEMENT OF C. ENFORCEMENT OF SUPPORT ORDERSSUPPORT ORDERS

Notwithstanding the fact that court orders for support Notwithstanding the fact that court orders for support are enforceable under general civil enforcement are enforceable under general civil enforcement procedures, as well as specialized statutory schemes procedures, as well as specialized statutory schemes designed for that purpose, the legislature recognized designed for that purpose, the legislature recognized that implementing those various procedures can be both that implementing those various procedures can be both costly and time-consuming for the recipient party.costly and time-consuming for the recipient party.

The statutory scheme unique to enforcement of support The statutory scheme unique to enforcement of support orders under the Family Code has been established and orders under the Family Code has been established and can be found in Part 5 of Division 9 of the Family Code, can be found in Part 5 of Division 9 of the Family Code, commencing at section 4500, which provides that: “An commencing at section 4500, which provides that: “An order for child, family, or spousal support that is made, order for child, family, or spousal support that is made, entered, or enforceable in this state is enforceable under entered, or enforceable in this state is enforceable under this Code, whether or not the order was made and this Code, whether or not the order was made and entered pursuant to this Code.”entered pursuant to this Code.”

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1. EARNINGS 1. EARNINGS WITHHOLDING ORDER WITHHOLDING ORDER

SUPPORTSUPPORT A wage assignment or garnishment is a A wage assignment or garnishment is a

procedure by which a portion of a judgment procedure by which a portion of a judgment debtor’s paycheck is withheld by the debtor’s paycheck is withheld by the employer and paid directly to the judgment employer and paid directly to the judgment creditor in satisfaction of a money creditor in satisfaction of a money judgment.judgment.

In the family law context of spousal and In the family law context of spousal and child support, two such procedures fall into child support, two such procedures fall into this general description of orders.this general description of orders.

One is the One is the Earnings Withholding Order for Earnings Withholding Order for SupportSupport contemplated by Code of Civil contemplated by Code of Civil Procedure sections 706.030 et seq.Procedure sections 706.030 et seq.

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1. EARNINGS 1. EARNINGS WITHHOLDING SUPPORT WITHHOLDING SUPPORT

ORDERORDER The other is known as an The other is known as an Earnings Assignment Earnings Assignment

OrderOrder for Support which is provided for by for Support which is provided for by Family Code sections 5200 et seq.Family Code sections 5200 et seq.

The provisions of these sections were essentially The provisions of these sections were essentially enacted pursuant to a federally imposed enacted pursuant to a federally imposed mandate that all support orders, unless stayed mandate that all support orders, unless stayed by the court for good cause, be subject to an by the court for good cause, be subject to an immediate wage assignment, thus shifting the immediate wage assignment, thus shifting the mechanics for the payment of child and spousal mechanics for the payment of child and spousal support away from the judgment debtor and on support away from the judgment debtor and on to the judgment debtor’s employer.to the judgment debtor’s employer.

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SUPPORTSUPPORT The Withholdings Order for Support can only The Withholdings Order for Support can only

be used to collect amounts of support that be used to collect amounts of support that are delinquent (that is, in arrears).are delinquent (that is, in arrears).

A Family Code section 5208 Earnings A Family Code section 5208 Earnings Assignment can reach earnings to satisfy Assignment can reach earnings to satisfy both arrearages and future installment both arrearages and future installment obligations.obligations.

While and Withholding Order for Support can While and Withholding Order for Support can be used to satisfy be used to satisfy allall money judgments, the money judgments, the wage assignment provided for in Family Code wage assignment provided for in Family Code section 5208 is exclusive to the enforcement section 5208 is exclusive to the enforcement of court-ordered support.of court-ordered support.

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SUPPORTSUPPORT Imposition of this Earnings Assignment order Imposition of this Earnings Assignment order

is automatically incorporated into is automatically incorporated into everyevery support order.support order.

The wage assignment is a directive issued by a The wage assignment is a directive issued by a court to the employer to withhold an amount court to the employer to withhold an amount of money from the employee’s paycheck each of money from the employee’s paycheck each month (or each paycheck) as will be sufficient month (or each paycheck) as will be sufficient to satisfy the court order.to satisfy the court order.

With child support, it is typically set up to With child support, it is typically set up to withhold the entire amount payable as child withhold the entire amount payable as child support on a monthly basis per paycheck.support on a monthly basis per paycheck.

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SUPPORTSUPPORT Once obtained, the earnings assignment Once obtained, the earnings assignment

order is not served on the obligor; rather, order is not served on the obligor; rather, it is served on the obligor’s it is served on the obligor’s employeremployer..

Thereafter, it becomes the obligation of Thereafter, it becomes the obligation of the employer to immediately start the employer to immediately start withholding enough money from the withholding enough money from the employee’s paycheck to cover the employee’s paycheck to cover the amounts set forth in the assignment amounts set forth in the assignment order and forward it to the obligee within order and forward it to the obligee within ten days of the date the obligor is ten days of the date the obligor is normally paid.normally paid.

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SUPPORTSUPPORT If the employer does not withhold the If the employer does not withhold the

amount of support required by the amount of support required by the assignment order and pay it over to the assignment order and pay it over to the obligee on behalf of the employee, then obligee on behalf of the employee, then the employer itself will be made to pay the employer itself will be made to pay the employee’s support payments.the employee’s support payments.

The wage assignment need not be served The wage assignment need not be served on the employer personally.on the employer personally.

It can be served by first-class mail It can be served by first-class mail pursuant to Family Code section 5232.pursuant to Family Code section 5232.

See Figure 10-2 on pages 453-454.See Figure 10-2 on pages 453-454.

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2. ABSTRACT OF 2. ABSTRACT OF JUDGMENTJUDGMENT

An Abstract of Judgment is simply a piece of paper, An Abstract of Judgment is simply a piece of paper, usually a court form, that is issued by the clerk of usually a court form, that is issued by the clerk of the court certifying the general contents of any the court certifying the general contents of any particular judgment entered in a court proceeding.particular judgment entered in a court proceeding.

This document is then recorded with the county This document is then recorded with the county recorder of every county in which the obligor is recorder of every county in which the obligor is believed to own property.believed to own property.

Once it has been so recorded, it will constitute an Once it has been so recorded, it will constitute an automatic lien on any such property existing in the automatic lien on any such property existing in the county at that time (as to property already owned), county at that time (as to property already owned), or at such later time as the obligor acquires or at such later time as the obligor acquires property and records the document of ownership property and records the document of ownership with the county recorder.with the county recorder.

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3. CHILD SUPPORT 3. CHILD SUPPORT SECURITY DEPOSITSECURITY DEPOSIT

Every order or judgment to pay child support may also Every order or judgment to pay child support may also require the payment by the supporting parent of a require the payment by the supporting parent of a deposit of up to one year’s worth of child support.deposit of up to one year’s worth of child support.

This deposit is known as a This deposit is known as a child support security child support security depositdeposit..

The funds will be subject to withdrawal only upon court The funds will be subject to withdrawal only upon court authorization and shall be used “exclusively to authorization and shall be used “exclusively to guarantee the monthly payment of child support” guarantee the monthly payment of child support” (Family Code section 4561).(Family Code section 4561).

Upon the application of the recipient parent verifying Upon the application of the recipient parent verifying under penalty of perjury that a support payment is ten under penalty of perjury that a support payment is ten or more days late, the court will immediately order or more days late, the court will immediately order disbursement of sufficient funds from this child support disbursement of sufficient funds from this child support security deposit to bring the child support in arrears security deposit to bring the child support in arrears current.current.

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4. ORDER FOR DEPOSIT OF 4. ORDER FOR DEPOSIT OF ASSETSASSETS

Family Code section 4610(a) directs the court Family Code section 4610(a) directs the court to order any child support payor who is 60 to order any child support payor who is 60 days in arrears to deposit security for child days in arrears to deposit security for child support upon receipt of a recipient’s (or support upon receipt of a recipient’s (or district attorney’s) petition for same after district attorney’s) petition for same after notice and opportunity for hearing on the notice and opportunity for hearing on the issue.issue.

The amount for this security is established by The amount for this security is established by Family Code section 4614 as being assets or Family Code section 4614 as being assets or cash equal in value to one year’s support cash equal in value to one year’s support payments or $6,000, whichever is less.payments or $6,000, whichever is less.

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4. ORDER FOR DEPOSIT OF 4. ORDER FOR DEPOSIT OF ASSETSASSETS

The only way the payor can get around the The only way the payor can get around the imposition of this security deposit is to imposition of this security deposit is to rebut the statutory presumption created by rebut the statutory presumption created by section 4611 that the nonpayment was section 4611 that the nonpayment was “willful, without good faith” and that “the “willful, without good faith” and that “the obligor had the ability to pay the support.”obligor had the ability to pay the support.”

The deposited assets may be returned to The deposited assets may be returned to the obligor if one year has passed since the the obligor if one year has passed since the court issued the order and the obligor-court issued the order and the obligor-parent has made all support payments on parent has made all support payments on time during that one year period.time during that one year period.

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5. NOTICE OF 5. NOTICE OF DELINQUENCYDELINQUENCY

See Family Code section 4722 on page See Family Code section 4722 on page 460.460.

The Notice of Delinquency is prepared on The Notice of Delinquency is prepared on a judicial council form and must state all a judicial council form and must state all of the following: the amount of the child of the following: the amount of the child support that is in arrears, the installments support that is in arrears, the installments of support due that have been paid, and of support due that have been paid, and that any unpaid installment of child that any unpaid installment of child support will incur the penalty referenced support will incur the penalty referenced in section 4722.in section 4722.

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5. NOTICE OF 5. NOTICE OF DELINQUENCYDELINQUENCY

This Notice of Delinquency is then served This Notice of Delinquency is then served on the obligor parent who has 30 days on the obligor parent who has 30 days within which to either pay the noticed within which to either pay the noticed delinquency or file a motion to determine delinquency or file a motion to determine arrearages and to show cause why the arrearages and to show cause why the penalty referenced in section 4722 should penalty referenced in section 4722 should not be imposed.not be imposed.

As a general rule, especially upon an initial As a general rule, especially upon an initial application, if the obligor parent makes any application, if the obligor parent makes any kind of credible showing as to a legitimate kind of credible showing as to a legitimate basis for the nonpayment of support, the basis for the nonpayment of support, the court will most likely not impose the court will most likely not impose the penalties provided for in section 4722.penalties provided for in section 4722.

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D. UNIFORM INTERSTATE D. UNIFORM INTERSTATE FAMILY SUPPORT ACTFAMILY SUPPORT ACT

It is not uncommon for parties to It is not uncommon for parties to become divorced or otherwise obtain become divorced or otherwise obtain orders for support in one state prior orders for support in one state prior to relocating to California (or vice to relocating to California (or vice versa) and in so doing leave the versa) and in so doing leave the obligor or obligee spouse behind in obligor or obligee spouse behind in the issuing state.the issuing state.

When this happens, there are special When this happens, there are special provisions for the enforcement of provisions for the enforcement of support obligations across state lines.support obligations across state lines.

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The remedies provided by UIFSA are in The remedies provided by UIFSA are in addition to any other enforcement remedies addition to any other enforcement remedies that may be available, thus allowing a that may be available, thus allowing a support obligee the opportunity to pursue support obligee the opportunity to pursue recovery not only pursuant to the general recovery not only pursuant to the general civil methods discussed above but also civil methods discussed above but also pursuant to the provisions of this Uniform pursuant to the provisions of this Uniform Act.Act.

This Act is applicable in all 50 states as well This Act is applicable in all 50 states as well as the possessions of the United States.as the possessions of the United States.

See example on page 456.See example on page 456.

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Once a support order has been properly Once a support order has been properly registered, it is filed in the appropriate court registered, it is filed in the appropriate court of the state in which the obligee resides.of the state in which the obligee resides.

The court in that state must accept the order The court in that state must accept the order and must agree to act on it, assuming that it and must agree to act on it, assuming that it is substantially in compliance with the is substantially in compliance with the provisions of this Act.provisions of this Act.

California can either act as an initiating California can either act as an initiating state or as a responding state depending on state or as a responding state depending on the particular facts and circumstances at the particular facts and circumstances at issue.issue.

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E. REG. OF INTERCOUNTY E. REG. OF INTERCOUNTY SUPPORT ORDERSSUPPORT ORDERS

The UIFSA applies only to the registration The UIFSA applies only to the registration and enforcement of out-of-state support and enforcement of out-of-state support orders and does not govern the enforcement orders and does not govern the enforcement of support orders between California of support orders between California counties (as where either party to a counties (as where either party to a California support order moves to another California support order moves to another county after entry of the initial order).county after entry of the initial order).

The procedure for intercounty registration The procedure for intercounty registration can be found at Family Code sections 5600 et can be found at Family Code sections 5600 et seq.seq.

See page 465.See page 465.

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E. REG. OF INTERCOUNTY E. REG. OF INTERCOUNTY SUPPORT ORDERSSUPPORT ORDERS

Once the obligor has received notice from Once the obligor has received notice from the clerk of the court that the support order the clerk of the court that the support order has been registered in that court, the has been registered in that court, the obligor is given 20 days within which time obligor is given 20 days within which time to file a notice of motion requesting the to file a notice of motion requesting the court to vacate the registration.court to vacate the registration.

At the hearing, the obligor is only allowed to At the hearing, the obligor is only allowed to present the court with matters that would present the court with matters that would be available to the obligor as defenses in an be available to the obligor as defenses in an action to enforce a support order.action to enforce a support order.

In other words, the obligor cannot seek to In other words, the obligor cannot seek to relitigate de novo the issue of amount of relitigate de novo the issue of amount of child support.child support.

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F. GENERAL CIVIL DEBT F. GENERAL CIVIL DEBT COLLECTION METHODSCOLLECTION METHODS

1. Writ of Execution1. Writ of Execution 2. Abstract of Judgment (Civil)2. Abstract of Judgment (Civil) 3. Appointment of Receiver3. Appointment of Receiver 4. Writ of Possession4. Writ of Possession 5. Installation of a “Keeper”5. Installation of a “Keeper” 6. Debtor’s Examination6. Debtor’s Examination 7. Wage assignment (Civil)7. Wage assignment (Civil)

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G. SISTER STATE MONEY-G. SISTER STATE MONEY-JUDGMENT ACTJUDGMENT ACT

This Act is found at Code of Civil Procedure This Act is found at Code of Civil Procedure sections 1710.10 et seq.sections 1710.10 et seq.

The primary distinction between the SSMJA The primary distinction between the SSMJA and the UIFSA is that the SSMJA can be used and the UIFSA is that the SSMJA can be used to enforce orders that are not necessarily for to enforce orders that are not necessarily for the payment of support.the payment of support.

Procedurally, an order under the SSMJA Procedurally, an order under the SSMJA contemplates simply applying for entry of contemplates simply applying for entry of judgment in California based upon the out-of-judgment in California based upon the out-of-state order.state order.

The basic procedures for utilization of the The basic procedures for utilization of the SSMJA are set out in Code of Civil Procedure SSMJA are set out in Code of Civil Procedure section 1710.15.section 1710.15.

See pages 471 and 472.See pages 471 and 472.

CALIFORNIA FAMILY LAW FOR PARALEGALS, 5 th Ed. Chapter Ten Enforcement.

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Transcript of CALIFORNIA FAMILY LAW FOR PARALEGALS, 5 th Ed. Chapter Ten Enforcement.