For the purpose of the remedies provided under this chapter, jurisdiction is conferred upon the superior court.
Definitions and General ProvisionsEnforcement of Support Judgments
Section § 689.010
This law gives the superior court the authority to handle cases related to the remedies discussed in this chapter.
superior court jurisdiction remedies
Section § 689.020
When a local child support agency in California needs to enforce a child support warrant, they can do so with the same power as if they were collecting on a court judgment. This means they can use various methods to collect the money owed, including those typically used by someone owed money from a lawsuit. The court that handles these actions is the superior court in the county where the agency trying to collect the support is located.
(a)CA Civil Procedure Code § 689.020(a) Except as otherwise provided by statute, whenever a warrant may properly be issued by a local child support agency pursuant to Section 17522 of the Family Code, and the warrant may be levied with the same effect as a levy pursuant to a writ of execution, the local child support agency may use any of the remedies available to a judgment creditor, including, but not limited to, those provided in Chapter 6 (commencing with Section 708.010) of Division 2.
(b)CA Civil Procedure Code § 689.020(b) The proper
court for the enforcement of the remedies provided under this chapter is the superior court in the county where the local child support agency enforcing the support obligation is located.
child support enforcement warrant enforcement judgment creditor remedies
Section § 689.030
If someone owes child support and the local child support agency seizes their property to collect what's owed, that person has rights to certain property exemptions, just like in other debt cases. Others, like creditors, can also claim rights to the property. These exemption claims and other claims are handled by the local agency that made the initial seizure, with cases decided in the court from the area where the child support agency operates.
(a)CA Civil Procedure Code § 689.030(a) Whenever the local child support agency, pursuant to Section 17522 of the Family Code, levies upon property pursuant to a warrant or notice of levy for the collection of a support obligation:
(1)CA Civil Procedure Code § 689.030(a)(1) If the debtor is a natural person, the debtor is entitled to the same exemptions to which a judgment debtor is entitled. Except as provided in subdivisions (b) and (c), the claim of exemption shall be made, heard, and determined as provided in Chapter 4 (commencing with
Section 703.010) of Division 2 in the same manner as if the property were levied upon under a writ of execution.
(2)CA Civil Procedure Code § 689.030(a)(2) A third person may claim ownership or the right to possession of the property or a security interest in or lien on the property. Except as provided in subdivisions (b) and (c) or as otherwise provided by statute, the third-party claim shall be made, heard, and determined as provided in Division 4 (commencing with Section 720.010) in the same manner as if the property were levied upon under a writ of execution.
(b)CA Civil Procedure Code § 689.030(b) In the case of a warrant or notice of levy issued pursuant to Section 17522 of the Family Code, the claim of exemption or the third-party claim shall be filed with the local child support agency that issued the warrant or notice of levy.
(c)CA Civil Procedure Code § 689.030(c) A claim of exemption or a third-party claim
pursuant to this section shall be heard and determined in the court specified in Section 689.010 in the county where the local child support agency enforcing the support obligation is located.
child support collection local child support agency property seizure
Section § 689.040
This section allows local child support agencies to take on the role of the levying officer when they are collecting child support payments. They don't have to notify themselves about actions usually required in such proceedings. If a writ of execution is involved, which is a court order to enforce a judgment regarding money owed, these agencies can send it to a central bank location for processing. This means all the bank's branches have to comply, regardless of where the account or property is located.
(a)CA Civil Procedure Code § 689.040(a) Notwithstanding any other provision of law, in the case of a writ of execution issued by a court of competent jurisdiction pursuant to Chapter 3 (commencing with Section 699.010) and Chapter 5 (commencing with Section 706.010) of Division 2, the local child support agency, when enforcing a support obligation pursuant to Division 17 (commencing with Section 17000) of the Family Code, may perform the duties of the levying officer, except that the local child support agency need not give itself the notices that the levying officer is
required to serve on a judgment creditor or creditor or the notices that a judgment creditor or creditor is required to give to the levying officer.
(b)CA Civil Procedure Code § 689.040(b) Notwithstanding subdivision (a) of Section 700.140, if the writ of execution is for a deposit or credits or personal property in the possession or under the control of a bank or savings and loan association, the local child support agency may deliver or mail the writ of execution to a centralized location designated by the bank or savings and loan association. If the writ of execution is received at the designated central location, it will apply to all deposits and credits and personal property held by the bank or savings and loan association regardless of the location of that property.
writ of execution levying officer child support enforcement
Section § 689.050
In this part of the law, a 'judgment creditor' is defined as the local child support agency trying to collect money for child or spousal support. A 'judgment debtor' is the person who owes this support money and from whom the agency is trying to collect it.
For the purpose of this chapter:
(a)CA Civil Procedure Code § 689.050(a) “Judgment creditor” or “creditor” means the local child support agency seeking to collect a child or spousal support obligation pursuant to a support order.
(b)CA Civil Procedure Code § 689.050(b) “Judgment debtor” or “debtor” means the debtor from whom the support obligation is sought to be collected.
child support collection spousal support collection local child support agency
