Enforcement of Support OrdersCivil Penalty for Child Support Delinquency
Section § 4720
This section states that the definition of "support" used in this chapter is the one provided in Section 150.
Section § 4721
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.
Section § 4722
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.
Section § 4723
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.
Section § 4724
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.
Section § 4725
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.
Section § 4726
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.
Section § 4727
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.
Section § 4728
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.
Section § 4729
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.
Section § 4730
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.
Section § 4731
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.
Section § 4732
The Judicial Council must create forms and notices for the procedures outlined in this chapter.
Section § 4733
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.