Section § 4720

Explanation

This section states that the definition of "support" used in this chapter is the one provided in Section 150.

“Support” for the purposes of this chapter means support as defined in Section 150.

Section § 4721

Explanation

This law applies to child support payments due from January 1, 1992, onwards. It aims to impose penalties only in serious cases where child support orders are not followed. It also clarifies that child support payments collected through wage deductions are considered on time as long as they are deducted by the employer, no matter when they are received by the child support agency or recipient.

(a)CA Family Law Code § 4721(a) This chapter applies only to installments of child support that are due on or after January 1, 1992.
(b)CA Family Law Code § 4721(b) It is the intent of the Legislature that the penalties provided under this chapter shall be applied in egregious instances of noncompliance with child support orders.
(c)CA Family Law Code § 4721(c) It is the intent of the Legislature that for the purposes of this chapter, payments made through wage assignments are considered timely regardless of the date of receipt by the local child support agency or obligee.

Section § 4722

Explanation

If someone is owed child support and the payments are more than 30 days late, they can send a formal notice of delinquency. If the overdue child support isn't paid within 30 days after this notice is issued, a penalty of 6% per month will be added to what is owed, but this can only increase up to 72% of the total unpaid balance.

(a)CA Family Law Code § 4722(a) Any person with a court order for child support, the payments on which are more than 30 days in arrears, may file and then serve a notice of delinquency, as described in this chapter.
(b)CA Family Law Code § 4722(b) Except as provided in Section 4726, and subject to Section 4727, any amount of child support specified in a notice of delinquency that remains unpaid for more than 30 days after the notice of delinquency has been filed and served shall incur a penalty of 6 percent of the delinquent payment for each month that it remains unpaid, up to a maximum of 72 percent of the unpaid balance due.

Section § 4723

Explanation

This law requires that a notice of delinquency, for when someone is behind on their child support payments, must be signed under oath by the person owed support. The notice must include how much is overdue, details about what's been paid or still owed, and warn of a 6% monthly penalty on late payments, up to 72% of the original amount, unless the debt is cleared in 30 days. If there's no protective order about the child's location, the notice also needs to have current contact details for the children and the person owed support.

(a)CA Family Law Code § 4723(a) The notice of delinquency shall be signed under penalty of perjury by the support obligee.
(b)CA Family Law Code § 4723(b) The notice of delinquency shall state all of the following:
(1)CA Family Law Code § 4723(b)(1) The amount that the child support obligor is in arrears.
(2)CA Family Law Code § 4723(b)(2) The installments of support due, the amounts, if any, that have been paid, and the balance due.
(3)CA Family Law Code § 4723(b)(3) That any unpaid installment of child support will incur a penalty of 6 percent of the unpaid support per month until paid, to a maximum of 72 percent of the original amount of the unpaid support, unless the support arrearage is paid within 30 days of the date of service of the notice of delinquency.
(c)CA Family Law Code § 4723(c) In the absence of a protective order prohibiting the support obligor from knowing the whereabouts of the child or children for whom support is payable, or otherwise excusing the requirements of this subdivision, the notice of delinquency shall also include a current address and telephone number of all of the children for whom support is due and, if different from that of the support obligee, the address at which court papers may be served upon the support obligee.

Section § 4724

Explanation

This law explains how you can notify someone if they are late in paying by serving them the notice personally, sending it through certified mail, or using other official methods used for serving legal documents.

The notice of delinquency may be served personally or by certified mail or in any manner provided for service of summons.

Section § 4725

Explanation

If someone is supposed to pay child support and hasn't done so for over 30 days after being notified, the person owed the money can go to court to get an official judgment for the unpaid amount. This judgment can then be legally enforced, similar to other types of court judgments.

If the child support owed, or any arrearages, interest, or penalty, remains unpaid more than 30 days after serving the notice of delinquency, the support obligee may file a motion to obtain a judgment for the amount owed, which shall be enforceable in any manner provided by law for the enforcement of judgments.

Section § 4726

Explanation

This law states that the court may decide not to impose penalties on someone who owes child support if certain conditions are met. First, the person must quickly respond to a late notice by filing a motion to determine the amount owed and why penalties shouldn't apply. Next, at the hearing, the person must prove one of the following: they are up to date with payments, they faced serious issues like illness or job loss that affected their ability to pay, they are a public worker who hasn't been paid due to employer's financial problems, or imposing a penalty would just be unfair.

No penalties may be imposed pursuant to this chapter if, in the discretion of the court, all of the following conditions are met:
(a)CA Family Law Code § 4726(a) Within a timely fashion after service of the notice of delinquency, the support obligor files and serves a motion to determine arrearages and to show cause why the penalties provided in this chapter should not be imposed.
(b)CA Family Law Code § 4726(b) At the hearing on the motion filed by the support obligor, the court finds that the support obligor has proved any of the following:
(1)CA Family Law Code § 4726(b)(1) The child support payments were not 30 days in arrears as of the date of service of the notice of delinquency and are not in arrears as of the date of the hearing.
(2)CA Family Law Code § 4726(b)(2) The support obligor suffered serious illness, disability, or unemployment which substantially impaired the ability of the support obligor to comply fully with the support order and the support obligor has made every possible effort to comply with the support order.
(3)CA Family Law Code § 4726(b)(3) The support obligor is a public employee and for reasons relating to fiscal difficulties of the employing entity the obligor has not received a paycheck for 30 or more days.
(4)CA Family Law Code § 4726(b)(4) It would not be in the interests of justice to impose a penalty.

Section § 4727

Explanation

This law states that if you owe back child support, any late fee you have to pay can't be more than 6% of what you originally owed each month. Additionally, these fees can't add up to be more than 72% of the total amount you first owed, no matter how many times you've been notified about being late.

Any penalty due under this chapter shall not be greater than 6 percent per month of the original amount of support arrearages or support installment, nor may the penalties on any arrearage amount or support installment exceed 72 percent of the original amount due, regardless of whether or not the installments have been listed on more than one notice of delinquency.

Section § 4728

Explanation

If someone owes penalties related to this chapter, they can be collected through legal processes similar to collecting overdue child support payments. However, paying these penalties must wait until any late or current child support payments are settled.

Penalties due pursuant to this chapter may be enforced by the issuance of a writ of execution in the same manner as a writ of execution may be issued for unpaid installments of child support, as described in Chapter 7 (commencing with Section 5100), except that payment of penalties under this chapter may not take priority over payment of arrearages or current support.

Section § 4729

Explanation

This section says that child support agencies in California, or any agency working under federal child support enforcement laws, cannot use the penalties listed in this chapter when enforcing child support obligations.

The local child support agency or any other agency providing support enforcement services pursuant to Title IV-D of the federal Social Security Act may not enforce child support obligations utilizing the penalties provided for by this chapter.

Section § 4730

Explanation

This law states that when a court is deciding how much child support should be paid, it cannot take into account any penalties related to past mistakes or issues.

At any hearing to set or modify the amount payable for the support of a child, the court shall not consider any penalties imposed under this chapter in determining the amount of current support to be paid.

Section § 4731

Explanation

If there are unpaid child support payments, another notice can be sent at any point. This new notice should also include any late payments that were mentioned in an earlier notice.

A subsequent notice of delinquency may be served and filed at any time. The subsequent notice shall indicate those child support arrearages and ongoing installments that have been listed on a previous notice.

Section § 4732

Explanation

The Judicial Council must create forms and notices for the procedures outlined in this chapter.

The Judicial Council shall adopt forms or notices for the use of the procedures provided by this chapter.

Section § 4733

Explanation

If any penalties are collected related to child support, those penalties must be paid to the person taking care of the child, regardless of whether the child receives public assistance.

Penalties collected pursuant to this chapter shall be paid to the custodian of the child who is the subject of the child support judgment or order, whether or not the child is a recipient of public assistance.