General ProvisionsAmount to Satisfy Money Judgment

Section § 695.210

Explanation

This law explains how to determine the amount needed to fully satisfy a money judgment. You start with the total judgment amount. Then, add any costs and interest that have been added over time. Finally, subtract any payments already made and any parts of the judgment that can't be enforced anymore.

The amount required to satisfy a money judgment is the total amount of the judgment as entered or renewed with the following additions and subtractions:
(a)CA Civil Procedure Code § 695.210(a) The addition of costs added to the judgment pursuant to Section 685.090.
(b)CA Civil Procedure Code § 695.210(b) The addition of interest added to the judgment as it accrues pursuant to Sections 685.010 to 685.030, inclusive.
(c)CA Civil Procedure Code § 695.210(c) The subtraction of the amount of any partial satisfactions of the judgment.
(d)CA Civil Procedure Code § 695.210(d) The subtraction of the amount of any portion of the judgment that is no longer enforceable.
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Section § 695.211

Explanation

When someone owes child support, it's important to know that if they are behind, interest will be added to what they owe. The official forms used to handle child support cases must clearly explain this. Also, when the California Child Support Automation System is fully up and running, any account statements sent to parents who owe child support must show how much is owed, including any late amounts and interest.

(a)CA Civil Procedure Code § 695.211(a) Every money judgment or order for child support shall provide notice that interest on arrearages accrues at the legal rate.
(b)CA Civil Procedure Code § 695.211(b) The notice provisions required by this section shall be incorporated in the appropriate Judicial Council forms.
(c)CA Civil Procedure Code § 695.211(c) Upon implementation of the California Child Support Automation System prescribed in Chapter 4 (commencing with Section 10080) of Part 1 of Division 9 of the Welfare and Institutions Code and certification of the California Child Support Automation System by the United States Department of Health and Human Services, whenever a statement of account is issued by the local child support agency in any child support action, the statement shall include a statement of an amount of current support, arrears, and interest due.
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Section § 695.215

Explanation

If you pay off a money judgment, or a part of it, you don't automatically give up your right to challenge or appeal the decision. This includes paying any interest or related costs. However, if the payment is part of a settlement or deal where you agree not to appeal, then you can't appeal. Paying off one part of the judgment doesn't stop you from appealing other parts.

Payment in satisfaction of a money judgment, including payment of a severable portion of the money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal, except to the extent that the payment is the product of compromise or is coupled with an agreement not to appeal. Payment in satisfaction of a severable portion of a money judgment, interest thereon, and associated costs, does not constitute a waiver of the right to appeal other portions of the money judgment.
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Section § 695.220

Explanation

This section explains how to apply money received from satisfying a money judgment, not related to support payments. First, it goes to certain costs that the collecting officer must cover according to another law. Next, any remaining funds pay court fees. After that, it covers any unpaid interest. Finally, what's left goes toward the main amount still owed on the judgment, with attention to paying off any overdue installments if it's paid over time.

Money received in satisfaction of a money judgment, except a money judgment for support, is to be credited as follows:
(a)CA Civil Procedure Code § 695.220(a) The money is first to be credited against the amounts described in subdivision (b) of Section 685.050 that are collected by the levying officer.
(b)CA Civil Procedure Code § 695.220(b) Any remaining money is next to be credited against any fee due the court pursuant to Section 6103.5 or 68511.3 of the Government Code, which are to be remitted to the court by the levying officer.
(c)CA Civil Procedure Code § 695.220(c) Any remaining money is next to be credited against the accrued interest that remains unsatisfied.
(d)CA Civil Procedure Code § 695.220(d) Any remaining money is to be credited against the principal amount of the judgment remaining unsatisfied. If the judgment is payable in installments, the remaining money is to be credited against the matured installments in the order in which they matured.
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Section § 695.221

Explanation

This law explains how payments made toward a money judgment for support are credited. First, payments go toward the current month’s support. Any leftover money goes to unpaid principal amounts, then accrued interest. If there's a lump-sum payment for someone owing to more than one family, the distribution follows guidelines set by the Department of Child Support Services. There are specific rules for distributing collections received between January 1, 2009, and April 30, 2020, like prioritizing state-assigned past due amounts collected from federal tax refunds. For support received on or after May 1, 2020, distributions prioritize giving as much as possible to families, in line with federal law.

Satisfaction of a money judgment for support shall be credited as follows:
(a)CA Civil Procedure Code § 695.221(a) The money shall first be credited against the current month’s support.
(b)CA Civil Procedure Code § 695.221(b) Any remaining money shall next be credited against the principal amount of the judgment remaining unsatisfied. If the judgment is payable in installments, the remaining money shall be credited against the matured installments in the order in which they matured.
(c)CA Civil Procedure Code § 695.221(c) Any remaining money shall be credited against the accrued interest that remains unsatisfied.
(d)CA Civil Procedure Code § 695.221(d) In cases enforced pursuant to Part D (commencing with Section 651) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code, if a lump-sum payment is collected from a support obligor who has money judgments for support owing to more than one family, effective September 1, 2006, all support collected shall be distributed pursuant to guidelines developed by the Department of Child Support Services.
(e)CA Civil Procedure Code § 695.221(e) Support collections received between January 1, 2009, and April 30, 2020, inclusive, shall be distributed by the Department of Child Support Services as follows:
(1)CA Civil Procedure Code § 695.221(e)(1) Notwithstanding subdivisions (a), (b), and (c), a collection received as a result of a federal tax refund offset shall first be credited against the principal amount of past due support that has been assigned to the state pursuant to Section 11477 of the Welfare and Institutions Code and federal law and then any interest due on that past due support, prior to the principal amount of any other past due support remaining unsatisfied and then any interest due on that past due support.
(2)CA Civil Procedure Code § 695.221(e)(2) The following shall be the order of distribution of child support collections through September 30, 2000, except for federal tax refund offset collections, for child support received for families and children who are former recipients of Aid to Families with Dependent Children (AFDC) program benefits or former recipients of Temporary Assistance for Needy Families (TANF) program benefits:
(A)CA Civil Procedure Code § 695.221(e)(2)(A) The money shall first be credited against the current month’s support.
(B)CA Civil Procedure Code § 695.221(e)(2)(B) Any remaining money shall next be credited against interest that accrued on arrearages owed to the family or children since leaving the AFDC program or the TANF program and then the arrearages.
(C)CA Civil Procedure Code § 695.221(e)(2)(C) Any remaining money shall next be credited against interest that accrued on arrearages owed during the time the family or children received benefits under the AFDC program or the TANF program and then the arrearages.
(D)CA Civil Procedure Code § 695.221(e)(2)(D) Any remaining money shall next be credited against interest that accrued on arrearages owed to the family or children prior to receiving benefits from the AFDC program or the TANF program and then the arrearages.
(f)CA Civil Procedure Code § 695.221(f) Support collections received on or after May 1, 2020, shall be distributed by the Department of Child Support Services in accordance with Section 657(a)(2)(B) of Title 42 of the United States Code, as amended by Section 7301(b)(1) of the federal Deficit Reduction Act of 2005, in such a manner as to distribute all support collections to families first to the maximum extent permitted by federal law.
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