General Provisions - Definitions And General Provisions - Family Law - CA

Section § 3550

This section explains terms used related to support obligations. An 'obligee' is someone who is entitled to receive support, while an 'obligor' is the person required to provide it. If you live or are present in California and owe someone support, you have to pay it no matter where that person lives.

(a) As used in this section:

(1) “Obligee” means a person to whom a duty of support is owed.

(2) “Obligor” means a person who owes a duty of support.

(b) An obligor present or resident in this state has the duty of support as defined in Sections 3900, 3901, 3910, 4300, and 4400, regardless of the presence or residence of the obligee.

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Section § 3551

This law states that in cases under this division, the usual privacy rule that keeps private conversations between spouses confidential does not apply. This means spouses can testify about important topics like their marriage or their children.

Laws attaching a privilege against the disclosure of communications between spouses are inapplicable under this division. Spouses are competent witnesses to testify to any relevant matter, including marriage and parentage.

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Section § 3552

In cases about child, family, or spousal support, everyone involved must give copies of their state and federal tax returns to the court, whether they filed individually or jointly. Both parties can look at these tax returns and ask questions about them. If the court thinks it's important for the case, the tax return will be kept secret and sealed. If not, the returns will be given back to the person who submitted them.

(a) In a proceeding involving child, family, or spousal support, no party to the proceeding may refuse to submit copies of the party’s state and federal income tax returns to the court, whether individual or joint.

(b) The tax returns may be examined by the other party and are discoverable by the other party. A party also may be examined by the other party as to the contents of a tax return submitted pursuant to this section.

(c) If the court finds that it is relevant to the case to retain the tax return, the tax return shall be sealed and maintained as a confidential record of the court. If the court finds that the tax return is not relevant to disposition of the case, all copies of the tax return shall be returned to the party who submitted it.

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Section § 3554

You can appeal a decision made under this division, just like you would in other civil cases.

An appeal may be taken from an order or judgment under this division as in other civil actions.

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Section § 3555

If child or family support is ordered to be paid through a county officer for someone not on public assistance, that officer must send the support money to the right person quickly, following federal and state time rules.

Where support is ordered to be paid through the county officer designated by the court on behalf of a child or other party not receiving public assistance pursuant to the Family Economic Security Act of 1982 (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), the designated county officer shall forward the support received to the designated payee within the time standards prescribed by federal law and the Department of Child Support Services.

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Section § 3556

This law says that if a noncustodial parent is required to pay child support, they still have to pay even if the custodial parent doesn't let them see the child or use their visitation rights. Child support and visitation rights are separate issues.

The existence or enforcement of a duty of support owed by a noncustodial parent for the support of a minor child is not affected by a failure or refusal by the custodial parent to implement any rights as to custody or visitation granted by a court to the noncustodial parent.

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Section § 3557

This law section means that if there's a big difference in income or access to money between two parties in a legal case, and one can pay for both their and the other’s lawyers, the court can order that party to cover reasonable attorney’s fees. This applies when enforcing child or spousal support orders. However, government entities cannot be ordered to pay these fees. The idea is to make sure both sides can have legal help and a fair chance in court.

(a) Notwithstanding any other provision of law, absent good cause to the contrary, the court, in order to ensure that each party has access to legal representation to preserve each party’s rights, upon determining (1) an award of attorney’s fees and cost under this section is appropriate, (2) there is a disparity in access to funds to retain counsel, and (3) one party is able to pay for legal representation for both parties, shall award reasonable attorney’s fees to any of the following persons:

(1) A custodial parent or other person to whom payments should be made in any action to enforce any of the following:

(A) An existing order for child support.

(B) A penalty incurred pursuant to Chapter 5 (commencing with Section 4720) of Part 5 of Division 9.

(2) A supported spouse in an action to enforce an existing order for spousal support.

(b) This section shall not be construed to allow an award of attorney’s fees to or against a governmental entity.

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Section § 3558

This law allows a court to order a parent involved in a child or family support case to attend various work-related programs like job training or placement. The parent must go to these as scheduled by the court and provide proof that they are participating. This helps the court determine if the parent is making a genuine effort to improve their job situation.

In a proceeding involving child or family support, a court may require either parent to attend job training, job placement and vocational rehabilitation, and work programs, as designated by the court, at regular intervals and times and for durations specified by the court, and provide documentation of participation in the programs, in a format that is acceptable to the court, in order to enable the court to make a finding that good faith attempts at job training and placement have been undertaken by the parent.

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