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SB-101 Family law: enforcement of support.(1991-1992)

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SB101:v92#DOCUMENT

Senate Bill No. 101
CHAPTER 110

An act to add Section 31 to the Business and Professions Code, to amend Sections 4370, 4390, 4390.3, 4390.5, 4390.12, and 4390.16 of, to add Section 4700.11 to, to add and repeal Section 4720.2, and to repeal, add, and repeal Section 4720.1 of, the Civil Code, to amend Sections 683.130, 683.310, and 1699 of the Code of Civil Procedure, to amend Sections 1255.7 and 2630 of the Unemployment Insurance Code, to amend Sections 193 11350, 11350.5, and 11478.5 of, and to add Sections 11350.6 and 11478.8 to, the Welfare and Institutions Code, relating to family law.

[ Filed with Secretary of State  July 12, 1991. Approved by Governor  July 11, 1991. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 101, Hart. Family law: enforcement of support.
(1)  Existing law, with respect to the assignment of wages, requires an employer to cooperate with and provide relevant employment and income information to the district attorney for the purpose of establishing, modifying, or enforcing child, spouse, or family support obligation.
This bill would provide various examples of relevant employment and income information. This bill would require the district attorney to send a notice, as specified to the last known address of the person who is the subject of the inquiry.
This bill would add provisions similar to the one described above to require an employer or labor organization, as defined, to provide relevant employment and income information, which it has in its possession, to the district attorney for the purposes of establishing, modifying, or enforcing child, spouse, or family support obligation. This bill would provide that no employer or labor organization would incur liability for providing this information.
This bill would provide that an employer or labor organization in the circumstances described above which fails to provide relevant employment and income information to the district attorney within 30 days of receiving the request may be assessed a civil penalty of a maximum of $500.
Provisions that would be added in this connection and applicable existing law operate to specify that nothing contained in these provisions is to be deemed to mandate additional enforcement or collection duties upon the district attorney beyond those imposed under existing law.
(2)  Existing law provides that a court may order either or both parents to pay child support in any amount necessary, subject to established minimum amounts, for the support, maintenance, and education of the child. Existing law provides various methods to facilitate the timely payment of child support. Existing law also provides that the court, absent good cause to the contrary, and upon determining an ability to pay, shall award reasonable attorneys’ fees to a custodial parent in any action to enforce an existing order for child support.
This bill, in addition, would provide that 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, would incur a penalty, as specified, with limited exceptions. This bill would provide that penalties due pursuant to this provision may be enforced by the issuance of a writ of execution, as specified, and would require the district attorney to enforce child support obligations, as specified, thereby imposing a state-mandated local program. This bill would provide that reasonable attorneys’ fees may be awarded to a custodial parent or to any person to whom child support is owed as specified in any action to enforce an existing child support order and in any action to enforce a penalty imposed pursuant to this bill.
This bill would require the Judicial Council to adopt forms or notices for these purposes, to conduct a review of existing guidelines, and to report the results of this review, as specified.
(3)  Existing law specifies the period of time by which a judgment, order, or decree for the payment of child support or family support may be enforced by a writ of execution without prior court approval and specifies the manner in which a party may renew a judgment for child or spousal support. Existing law provides that in the case of a money judgment payable in installments, the application for renewal of the judgment may be filed at any time before the expiration of the 10-year period of enforceability.
This bill would provide that in the case of a money judgment payable in installments for the payment of child support or family support, the application for renewal of the judgment may be filed at any time if the child has not attained the age of 23 years and, thereafter, at any time before the expiration of the 10-year period of enforceability. This bill would provide that, generally, any judgment for the payment of child support or family support, for which enforcement of that support is sought pursuant to a writ of execution, may be renewed at any time within 10 years after it was made or entered or previously renewed.
(4)  Existing law directs the Judicial Council to adopt rules of court, as specified, incorporating statewide guidelines on child support that comply with applicable federal laws and regulations at the earliest date possible, but no later than 60 days after January 1, 1990. Existing law requires the Judicial Council to study and submit a report to the Legislature on or before December 1, 1991, addressing specified issues regarding child support guidelines. Existing law repeals, until January 1, 1993, various statutory provisions relating to child support; on that date certain of those provisions will be restored to the law, as specified.
This bill would repeal the directive that the Judicial Council adopt rules of court, and would, instead, establish a statewide guideline on child support, in accordance with a detailed formula prescribed by the bill. These provisions would become operative on July 1, 1992, and would be repealed on January 1, 1994. This bill would extend the date by which the Judicial Council is required to submit its report to the Legislature from December 1, 1991, to December 31, 1992.
(5)  Existing law establishes a program of financial support to aid families with dependent children (AFDC), which is administered by the counties. Existing law provides a formula for reimbursement to the county by a noncustodial parent for aid given occasioned by separation or his or her desertion.
This bill would revise that formula.
(6)  Existing law requires the court, whenever it orders, on or after July 1, 1990, either party to pay any amount of support or orders a modification of the amount of support to be paid, to order an obligor to assign a portion of his or her earnings to the obligee, as defined, as will be sufficient to pay the amount ordered by the court for the support of the child, spouse, or family. Existing law also provides a procedure obtaining a wage assignment for support orders first issued or modified prior to July 1, 1990, which did not include a wage assignment. A wage assignment made pursuant to a court order has priority against any attachment, execution, or other assignment, unless otherwise ordered by the court.
This bill would provide that the wage assignment shall include an amount to be paid toward the liquidation of any arrearage or past due support amount and would revise the definition of support for the purposes of wage assignment. As to the precedence of such an assignment, this bill would revise the above-described provision to state that a wage assignment has the priority specified in an existing provision of law generally providing for its priority over any earnings withholding order.
(7)  Existing law provides that upon registration, a registered foreign support order or foreign order for the assignment of wages for support is to be treated in the same manner as a support order or an order for assignment of earnings entered pursuant to California law. Existing law provides that if the obligor does not petition the court to vacate the registration or for other relief within 20 days after the mailing or other service of the registration, the registration is confirmed.
This bill would provide that if the obligor does not petition the court, the registered foreign support order or foreign order for the assignment of wages and all other documents filed with the clerk of the court when registering the order are confirmed.
This bill also would provide that there shall be no joinder of actions, coordination of actions, or cross-complaints, and the claims or defenses are to be limited, as specified, in any action under the registration of a foreign support order or assignment of wages order. This bill would provide that registration of an out-of-state order for the sole purpose of interstate wage withholding shall not confer jurisdiction on the court for any purposes other than income withholding.
(8)  Existing law requires, under certain conditions, that the Employment Development Department deduct and withhold support obligations from any unemployment compensation payable to an individual who owes those obligations, and pay that amount to the State Department of Social Services. It also requires, under certain conditions, that the Employment Development Department deduct and withhold support obligations from any unemployment compensation disability benefits payable to an individual who owes those obligations in the case where aid to families with dependent children has been granted, and pay that amount to the State Department of Social Services. It defines “support obligations” as child and related spousal support obligations which are being enforced pursuant to a plan described in a specified federal law.
This bill would make clarifying changes to those provisions and would provide that, to the extent “related spousal support obligations” may not be collected from unemployment compensation under federal law, those obligations are not included in the definition of “support obligations.”
(9)  Existing law regulates the issuance, renewal, suspension, and revocation of professional licenses.
This bill would authorize district attorneys to certify to the State Department of Social Services whenever there is noncompliance with a support order or judgment issued by a court of this state and would require participating district attorneys to update this information monthly and submit it to the department. The bill would require prior notice to an affected obligor and the opportunity for a review by the district attorney and for judicial review. The bill would require the department to consolidate the lists received from the various district attorneys pursuant to the bill and to distribute this list to specified licensing agencies. These licensing agencies would be precluded from issuing or renewing a license, certificate, or registration to a person on the list until the person obtains a release from the district attorney. The bill would authorize the State Department of Social Services to enter into agreements with the boards necessary to carry out these provisions and would provide for notices and related requirements.
This bill would require the business and professional licensing entities to issue a temporary registration, license, or certification, as specified. If upon the expiration of the temporary registration, or license, the applicant is in compliance with all court orders and judgments for support for which certification is required under this bill, the business and professional licensing entities would be required to issue a regular registration, license, or certification.
(10)  Existing law provides that a parent of a minor, the estate of a parent, and the estate of the minor are liable for the reasonable costs of support of the minor while the minor is placed, or detained in, or committed to, any institution or other place pursuant to an order of the juvenile court and the county is responsible for demonstrating that the charges its seeks to impose are limited to the reasonable costs of support of the minor. Existing law provides that an AFDC-FC grant shall be considered a separate, indivisible component item of the cost of support of a minor.
This bill would delete the latter provision.
(11)  Existing law provides for a state plan for child and spousal support enforcement administered by the State Department of Social Services. Existing law further provides for the California Parent Locator Service within the Department of Justice which cooperates in this enforcement activity by collecting and disseminating information about parents or spouses that are liable for child or spousal support.
This bill would rename that entity as the California Parent Locator Service and Central Registry, and would authorize that entity to request and receive specified information from public utilities, as defined, regarding individuals owing support. The bill would also require the Department of Justice, in consultation with specified entities, to develop regulations and procedures to implement this provision.
This bill would further provide that these public utilities shall not be subject to civil or criminal liability for release of the specified information.
Existing law authorizes the release of information to a person to whom child support has been awarded, regarding the location of, and the location of the employer of, the person owing support.
This bill would delete that authorization.
(12)  This bill would require the State Department of Social Services to study the feasibility of increasing child support collections by establishing paternity through requiring specified notification by hospitals to the district attorney and requiring district attorneys to investigate under specified circumstances. This bill would require that the study be submitted to the Legislature no later than September 1, 1992.
(13)    This bill would declare the intent of the Legislature that California participate in the so-called federal Parent’s Fair Share pilot program pursuant to the Family Support Act of 1988 (P.L. 100-485) to the extent that counties are interested in participating. This bill would require the State Department of Social Services to provide technical assistance in this regard.
(14)  The bill would declare that its provisions are severable. (15)  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund.
(16)  The operation of this bill would be contingent upon the enactment of SB 724.

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares the following:
(a)  It is in the interest of the citizens of the State of California that increased efforts be undertaken to ensure that court orders for child and spousal support are enforced.
(b)  Increased collection of support obligations will result in a decrease in the reliance on government assistance under the Aid to Families with Dependent Children (AFDC) program.
(c)  It is in the interest of all parties affected by a support order that any disputes relating to compliance with that order be resolved as quickly and economically as possible and that a forum for that resolution be available and accessible.

SEC. 2.

 The Legislature also finds and declares all of the following:
(a)  Unlike many financial abuses, including, but not limited to, late credit card payments and dishonored checks, state law does not provide for adequate penalties for the failure to pay child support.
(b)  It is, therefore, the intent of the Legislature to encourage the payment of child support obligations by providing for significant financial penalties for the failure to pay child support.

SEC. 3.

 Section 31 is added to the Business and Professions Code, to read:

31.
 (a)  As used in this section, “board” means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession.
(b)  Each applicant for the issuance or renewal of a license, certificate, registration, or other means to engage in a business or profession regulated by a board who is not in compliance with a judgment or order for support shall be subject to Section 11350.6 of the Welfare and Institutions Code.
(c)  “Compliance with a judgment or order for support,” has the meaning given in paragraph (2) of subdivision (a) of Section 11350.6 of the Welfare and Institutions Code.

SEC. 4.

 Section 4370 of the Civil Code is amended to read:

4370.
 (a)  During the pendency of any proceeding under this part, the court may order any party, except a governmental entity, to pay such amount as may be reasonably necessary for the cost of maintaining or defending the proceeding and for attorneys’ fees; and from time to time and before entry of judgment, the court may augment or modify the original award for costs and attorneys’ fees as may be reasonably necessary for the prosecution or defense of the proceeding or any proceeding related thereto, including after any appeal has been concluded. In respect to services rendered or costs incurred after the entry of judgment, the court may award such costs and attorneys’ fees as may be reasonably necessary to maintain or defend any subsequent proceeding, and may augment or modify any award so made, including after any appeal has been concluded. Attorneys’ fees and costs within the provisions of this subdivision may be awarded for legal services rendered or costs incurred prior, as well as subsequent, to the commencement of the proceeding. Any order for a party who is not the husband or wife of another party to the proceedings to pay attorneys’ fees or costs shall be limited to an amount reasonably necessary to maintain or defend the action on the issues relating to that party.
(b)  During the pendency of any proceeding under this part, an application for a temporary order making, augmenting, or modifying an award of attorneys’ fees or costs or both shall be made by motion on notice or by an order to show cause, except that it may be made without notice by an oral motion in open court in either of the following cases:
(1)  At the time of the hearing of the cause on the merits.
(2)  At any time prior to entry of judgment against a party whose default has been entered pursuant to Section 585 or 586 of the Code of Civil Procedure.
(c)  Notwithstanding any other provision of law, absent good cause to the contrary, the court, upon determining an ability to pay, shall award reasonable attorneys’ fees to a custodial parent, or any person to whom child support is owed pursuant to this section in any action to enforce an existing order for child support and in any action to enforce a penalty incurred pursuant to Section 4700.11.
(d)  Notwithstanding any other provision of law, absent good cause to the contrary, the court, upon determining an ability to pay, shall award reasonable attorneys’ fees to a supported spouse in any action to enforce an existing order for spousal support.

SEC. 5.

 Section 4390 of the Civil Code is amended to read:

4390.
 Unless the provision or context otherwise requires, the following definitions in this chapter govern the construction of this chapter.
(a)  “Assignment” has the same meaning as “wage assignment” or “earnings assignment.” “Wage assignment” and “earnings assignment” have the same meaning and cover all “earnings” as described in subdivision (c).
(b)  “Due date of support payments” shall be the date specifically stated in the order of support or, if no date is stated in the support order, then it shall be the last day of the month in which the support payment is to be paid.
(c)  “Earnings,” to the extent that these earnings are subject to a wage assignment for support under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, includes:
(1)  Wages, salary, bonus, money, and benefits described in Sections 704.110, 704.113, and 704.115 of the Code of Civil Procedure.
(2)  Payments due for services of independent contractors, dividends, rents, royalties, residuals, patent rights, or mineral or other natural resource rights.
(3)  Payments of credits due or becoming due as a result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus, or otherwise.
(4)  Any other payments or credits due or becoming due as a result of an enforceable obligation.
(d)  “Employer” means a person for whom an individual performs services as an employee, as defined in Section 706.011 of the Code of Civil Procedure, and includes the United States government and any public entity as defined in Section 811.2 of the Government Code and any person or entity paying earnings as defined under subdivision (c).
(e)  “IV-D Case” means any case being established, modified, or enforced by the district attorney pursuant to Section 654 of Title 42 of the United States Code (Section 454 of the Social Security Act).
(f)  “Obligee” or “assigned obligee” means either the person to whom support has been ordered to be paid, the district attorney, or other person designated by the court to receive the payment. The district attorney shall be the obligee for all cases as defined under subdivision (e) or in which an application for services has been filed under Part D (commencing with Section 651) and Part E (commencing with Section 670) of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Title IV-D or IV-E of the Social Security Act).
(g)  “Obligor” means any person owing a duty of support.
(h)  “Support” refers to an obligation owing on behalf of a child, spouse, or family; or an amount owing pursuant to Section 11350 of the Welfare and Institutions Code. It also includes past due support or arrearage when it exists.
(i)  “Timely payment” means receipt of support payments by the obligee or assigned obligee within five days of the due date.

SEC. 6.

 Section 4390.3 of the Civil Code is amended to read:

4390.3.
 (a)  On and after July 1, 1990, whenever the court orders either party to pay any amount of support or orders a modification of the amount of support to be paid, the court shall also order the obligor to assign to an obligee that portion of his or her earnings due or to be due in the future as will be sufficient to pay the amount ordered by the court for support and shall include an amount to be paid toward the liquidation of any arrearage or past due support amount. The court shall include a wage assignment order in any order or judgment establishing or modifying support. Upon the filing and service of a notice of motion or order to show cause with the supporting application, an obligee may request the court to issue a wage assignment to enforce an existing support order or to modify an existing wage assignment order.
(b)  All orders for wage assignment entered pursuant to this section shall be effective upon compliance with the procedures set forth in Section 4390.8, unless stayed pursuant to subdivision (c).
(c)  The court may order that service of the wage assignment be stayed only if the court makes a finding of good cause to stay service of the wage assignment. Good cause is limited to the following:
(1)  The obligor has a history of uninterrupted, full, and timely payment, other than through a wage assignment or other mandatory process, of previously ordered support during the preceding 12 months; however, an obligor who has not been subject to an order of support for 12 months prior to the issuance of the wage assignment may qualify for good cause subject to this provision if the obligor posts with the clerk of the court a cash bond or cash in an amount equal to three months’ support.
Notwithstanding the above, good cause to stay service of the wage assignment shall not be found if an obligor owes an arrearage for prior support.
(2)  The obligor proves, and the court finds, by clear and convincing evidence that service of the wage assignment would cause extraordinary hardship upon the obligor. Whenever possible, the court shall specify a date that any stay ordered under this paragraph will automatically terminate.
(3)  The parties sign a written agreement which provides for an alternative arrangement to ensure payment of the support obligation as ordered other than through the immediate service of a wage assignment. This written agreement may include an agreement relating to the staying of the service of a wage assignment. Any agreement between the parties which includes the staying of the service of a wage assignment shall include the agreement of the district attorney in any case in which support is ordered to be paid through a county officer designated for that purpose. The signing of an agreement pursuant to this paragraph shall not preclude the party from seeking an assignment in accordance with the procedures set forth in Section 4390.4 upon violation of this agreement.
(4)  The employer or district attorney has been unable to deliver payments under the assignment for a period of six months due to the failure of the obligee to notify the employer or district attorney of a change of address.

SEC. 7.

 Section 4390.5 of the Civil Code is amended to read:

4390.5.
 (a)   For support orders first issued or modified before July 1, 1990, this section provides a procedure for obtaining a wage assignment when the court in ordering support or modification of support did not issue a wage assignment. Any obligee seeking issuance of a wage assignment to enforce such a support order may use the procedure set forth in this section by filing an application, or by notice of motion or order to show cause, or pursuant to Section 4390.3.
Under this section, a wage assignment shall in any event be issued only upon an application signed under penalty of perjury by the obligee that the obligor is in default in support payments in a sum equal to the amount of support payable for one month, for any other occurrence specified by the court in the support order, or earlier by court order if requested by the district attorney or the obligor.
(b)  In addition to any other penalty provided by law, the filing of the application with knowledge of the falsity of the declaration or notice is punishable as a contempt pursuant to Section 1209 of the Code of Civil Procedure.
(c)  Upon receipt of the application, the court shall issue, without notice to the obligor, an order requiring the obligor to assign to the obligee that portion of the earnings of the obligor due or to be due in the future as will be sufficient to pay the amount ordered by the court for support and shall include an amount to be paid toward the liquidation of any arrearage or past due support. The order shall operate as an assignment.
(d)  In cases in which the order for support does not contain a provision for wage assignment, the application shall state that the obligee has given the obligor a written notice of his or her intent to seek a wage assignment in the event of a default in support payments and that the notice was transmitted by first-class mail, postage prepaid, or personally served at least 15 days prior to the date of the filing of the application. The written notice of intent to seek a wage assignment required by this subdivision may be given at any time, including at the time of filing a petition or complaint in which support is requested or at any time subsequent thereto.
(e)  The obligor may at any time waive the written notice required by this section.

SEC. 8.

 Section 4390.12 of the Civil Code is amended to read:

4390.12.
 (a)  When an assignment or assignments include both current support and payments towards the liquidation of arrearages, priority shall be given first to the current child support obligation, then the current spousal support obligation, and thereafter to the liquidation of child then spousal support arrearages.
(b)  Any such assignment made pursuant to court order shall have priority as against any attachment, execution, or other assignment, as specified in Section 706.031 of the Code of Civil Procedure.

SEC. 9.

 Section 4390.16 of the Civil Code is amended to read:

4390.16.
 (a)   Upon receipt of a written request from a district attorney enforcing the obligation of parents to support their children pursuant to Section 11475.1 of the Welfare and Institutions Code, every employer shall cooperate with and provide relevant employment and income information which the employer has in its possession, to the district attorney for the purpose of establishing, modifying, or enforcing the support obligation. No employer shall incur any liability for providing this information to the district attorney.
Relevant employment and income information shall include, but not be limited to, all of the following:
(1)  Whether a named person has or has not been employed by an employer.
(2)  The full name of the employee.
(3)  The employee’s last known residence address.
(4)  The employee’s date of birth.
(5)  The employee’s social security number.
(6)  The dates of employment.
(7)  All earnings paid to the employee during the preceding 12 months.
(8)  Whether dependent health insurance coverage is available to the employee through employment.
The district attorney shall notify the employer of the district attorney case file number in making a request pursuant to this section. The written request shall include at least three of the following elements regarding the person who is the subject of the inquiry: (A) first and last name and middle initial, if known; (B) social security number; (C) driver’s license number; (D) birth date; (E) last known address; or (F) spouse’s name.
The district attorney shall send a notice that a request for this information has been made to the last known address of the person who is the subject of the inquiry.
(b)  The state agency or the local agency, designated to enforce support obligations as required by federal law, shall allow employers to simplify the process of wage withholding by forwarding, as ordered by the court, the amounts of support withheld under more than one court order in a consolidated check, accompanied by an itemized accounting providing names, social security number or other identifying number, and the amount attributable to each obligor.
(c)  An employer which fails to provide relevant employment information to the district attorney within 20 days of receiving a request pursuant to subdivision (a) may be assessed a civil penalty of a maximum of five hundred dollars ($500), plus attorneys’ fees and costs. Proceedings to impose the civil penalty shall be commenced by the filing and service of an order to show cause.

SEC. 10.

 Section 4700.11 is added to the Civil Code, to read:

4700.11.
 (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 section. Except as provided in subdivision (d), 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.
(b)  The notice of delinquency shall be signed under penalty of perjury by the support obligee; shall state the amount that the child support obligor is in arrears; shall set forth the installments of support due, the amounts, if any, that have been paid, and the balance due; and shall state that any unpaid installment of child support shall 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)  The notice of delinquency may be served personally or by certified mail or in any manner provided for service of summons.
(d)  No penalties may be imposed pursuant to this section if, in the discretion of the court, each of the following conditions are met:
(1)  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 section should not be imposed.
(2)  At the hearing on the motion filed by the support obligor, the court finds that the support obligor has proved any of the following:
(A)  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.
(B)  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.
(C)  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.
(D)  It would not be in the interests of justice to impose a penalty.
(e)  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 on the amount owed, which shall be enforceable in any manner provided by law for the enforcement of judgments.
(f)  At any hearing to set or modify the amount payable for the support of a minor child, the court shall not consider any penalties imposed under this section in determining the amount of current support to be paid.
(g)  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 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.
(h)  A subsequent notice of delinquency may be served and filed at any time. Child support arrearages and ongoing installments listed on subsequent notices shall state that they have been listed on a previous notice. Any penalty due under this section 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.
(i)  Penalties due pursuant to this section 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 Section 4383, except that payment of penalties under this section may not take priority over payment of arrearages or current support.
(j)  The Judicial Council shall adopt forms or notices for the use of the procedures provided by this section.
(k)  This section shall apply only to installments of child support that are due on or after January 1, 1992.
( l)  The district attorney shall enforce child support obligations utilizing the penalties provided for by this section to the extent permitted by federal law.
(m)  “Support” for the purposes of this section means support as defined in subdivision (h) of Section 4390.

SEC. 11.

 Section 4720.1 of the Civil Code is repealed.

SEC. 12.

 Section 4720.1 is added to the Civil Code, to read:

4720.1.
 (a)  (1)  It is the intention of the Legislature to ensure that the State of California remains in compliance with federal regulations for child support guidelines. The Legislature therefore adopts the statewide guidelines set forth in Section 4720.2, to take effect on July 1, 1992.
(2)  It is the intention of the Legislature that the courts shall adhere to the guidelines adopted pursuant to Section 4720.2 and shall depart from them only in exceptional circumstances. A parent’s first and principal obligation is to support his or her minor child according to the parent’s circumstances and station in life. In this regard, the Legislature recognizes that a parent’s circumstances and station in life are dependent upon a variety of factors, including his or her earned and unearned income; earning capacity; assets; and the income of his or her subsequent spouse or nonmarital partner, to the extent that the obligated parent’s basic living expenses are met by the spouse or other person, thus increasing the parent’s disposable income.
(3)  In recommending levels of child support pursuant to subdivision (b), the Judicial Council shall be guided by the legislative intent that children share in their parents’ standard of living.
(b)  The Judicial Council shall study and submit a report to the Legislature on or before December 31, 1992, which shall include a proposal for legislation, regarding a system of permanent child support guidelines to comply with federal law. This report shall address the respective continuing roles of the Judicial Council and the Legislature in maintaining, amending, or otherwise managing the statewide child support guidelines.
(c)  In developing guidelines, the Judicial Council shall consult with a broad cross-section of groups involved in child support issues, including, but not limited to, the following: custodial and noncustodial parents; representatives of established women’s rights and fathers’ rights groups; representatives of established organizations which advocate for the economic well-being of children; members of the judiciary, district attorney’s offices, the Attorney General’s office, and the State Department of Social Services; certified family law specialists; academicians specializing in family law; persons representing low-income parents; and persons representing recipients of Aid to Families with Dependent Children (AFDC) seeking child support services. The advisory committee shall be balanced by gender and geographic representation, to the extent possible.
(d)  In developing the recommendations for the permanent guidelines the Judicial Council shall seek public comment on the guidelines.
(e)  The Judicial Council shall conduct a review of the existing guidelines to determine what revisions, if any, are necessary to ensure that application of the existing guidelines results in appropriate child support award amounts. This determination shall be based on economic data on the cost of raising children and analysis of case data, gathered through sampling or other methods, on the application of, and deviations from, the guidelines. The analysis of the data shall be used to recommend revisions that ensure that deviations from the guidelines are limited. The Judicial Council shall report the results of this review to the Legislature and the State Department of Social Services on or before December 31, 1992. Thereafter, the Judicial Council shall conduct and report on the results of the required review at least every four years.
(f)  This section shall remain in effect only until January 1, 1994, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1994, deletes or extends that date.

SEC. 13.

 Section 4720.2 is added to the Civil Code, to read:

4720.2.
 (a)  The statewide uniform guideline for determining child support awards is as follows: CS  =  K (NCN).
(b)  (1)  The components of the formula are as follows:

CS  =  child support amount.
K  =  adjustment factor for different levels of income.
NCN  =  noncustodial parent’s net monthly disposable income.
TN  =  total net monthly disposable income of parties.
(2)  To compute net disposable income, see paragraph (4) of subdivision (g).
(3)  K changes as combined net monthly disposable income changes as follows:

Total Net Disposable
Income Per Month K
$0- 1,667 K = .26
$1,668- 4,999 K = .20 + 100/TN
$5,000-10,000 K = .16 + 300/TN
Over $10,000 K = .12 + 700/TN
(4)  For more than one child, multiply CS by:

2 children 1.5
3 children 2
4 children 2.25
5 children 2.5
6 children 2.625
7 children 2.75
8 children 2.813
9 children 2.844
10 children 2.86
(c)  The court shall state on the record the net monthly disposable income of each parent.
(d)  There shall be a rebuttable presumption affecting the burden of proof that 100 percent of the amount of child support established by the formula set forth in subdivision (a) is the correct amount of child support to be awarded subject to subdivision (e).
(e)  The presumption of subdivision (d) may be rebutted by facts showing that application of the guideline would be unjust or inappropriate in a particular case because one or more of the following factors is found to be applicable by a preponderance of the evidence and the revised amount is in the best interests of the child or children:
(1)  The parties have stipulated to a different amount of child support under subdivision (k).
(2)  The rental value of the family residence in which the children for whose support the award is made are allowed to reside exceeds the mortgage payments, homeowner’s insurance, and property taxes. The amount of any adjustment pursuant to this paragraph shall not be greater than the excess amount and shall be made pursuant to former Section 4728.5, prior to its repeal by Chapter 1493 of the Statutes of 1990, and applicable published appellate court decisions.
(3)  A parent’s subsequent spouse or nonmarital partner has income which helps meet that parent’s basic living expenses, thus increasing the parent’s disposable income.
(4)  The child or children subject to the order are not receiving Aid to Families with Dependent Children and the custodial parent has a higher income than the noncustodial parent. In such a case the court may order the custodial parent to pay support to the noncustodial parent or the court may reduce the amount of support paid by the noncustodial parent.
(5)  The child or children subject to the order are not receiving Aid to Families with Dependent Children and the noncustodial parent has parenting time that results in substantial expenses to the noncustodial parent and substantial savings to the custodial parent. In such a case the court may reduce the amount of support paid by the noncustodial parent.
(6)  The parent being ordered to pay child support has an extraordinarily high income and the amount determined under the formula would exceed the needs of the child or children.
(7)  Application of the guideline would be unjust or inappropriate due to special circumstances in the particular case. The court shall state on the record the facts constituting the special circumstances.
(f)  If the court determines that the presumption provided for in subdivision (d) is rebutted by factors stated in subdivision (e), the court shall state its determination, and any factual basis therefore, in writing or on the record, including, but not limited to, the amount of support that would have been received under the guidelines and including a justification of why the order varies from the guidelines. The court shall make any other findings required by federal law.
(g)  (1)  The annual gross income of each parent means income from whatever source derived, except as specified in subparagraph (C) and includes, but is not limited to, all of the following:
(A)  Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, and spousal support actually received from a person not a party to the order.
(B)  Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business.
(C)  In the discretion of the court, employee benefits or self-employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts.
(2)  The court may, in its discretion, consider the earning capacity of a parent in lieu of that parent’s income, consistent with the best interests of the child.
(3)  Annual gross income shall not include any income derived from child support payments actually received and income derived from any public assistance program, eligibility for which is based on a determination of need.
(4)  The annual net disposable income of each parent shall be computed by deducting from his or her annual gross income the actual amounts attributable to the following items or other items permitted by this section:
(A)  The state and federal income taxes attributed to the parent. Federal and state income tax deductions shall bear an accurate relationship to the tax status of the parties (that is, single, married, married filing separately, or head of household) and number of dependents. State and federal income taxes shall be those actually payable (not necessarily current withholding) after considering appropriate filing status, all available exclusions, deductions, and credits, and the actual tax effects of any deductible support in the present case.
(B)  Deductions attributed to the employee’s contribution or the self-employed worker’s contribution pursuant to the Federal Insurance Contributions Act (FICA), or an amount not to exceed that allowed under FICA for persons not subject to FICA, provided that the deducted amount is used to secure retirement or disability benefits for the parent.
(C)  Deductions for mandatory union dues and retirement benefits, provided that they are required as a condition of employment.
(D)  Deductions for health insurance premiums for the parent and for any children the parent has an obligation to support and state disability insurance premiums.
(E)  Any child or spousal support actually being paid by the parent pursuant to a court order, to or for the benefit of any person who is not a subject of the award to be established by the court. In the absence of a court order, any child support actually being paid, not to exceed the amount established by these guidelines, for a natural or adopted child or children of the parent not residing in that parent’s home, who is not the subject of the award to be established by the court, and of whom the parent has a duty of support.
(F)  Job related expenses, if allowed by the court after consideration of whether the expenses are necessary, the benefit to the employee, and any other relevant facts.
(G)  A hardship, as defined by former Section 4725, prior to its repeal by Chapter 1493 of the Statutes of 1990, and applicable published appellate court decisions exists. In the event a hardship exists, the amount of the hardship shall not be deducted from the amount of child support but shall be deducted from the income of the party to whom it applies. In applying any hardship under former subdivision (b) of Section 4725, the court shall use the formula provided for in that section and not any local formula in order to provide equity between competing child support orders.
(5)  The annual net disposable income shall be divided by 12 to reflect the monthly net disposable income. The court may modify the monthly net disposable income figure thus obtained to reflect the actual or prospective earnings of the parties at the time the determination of support is made.
(h)  Unless contrary to federal law, in the event the amount of support calculated by this section is less than the minimum amount mandated by the Agnos Child Support Standards Act of 1984, the amount mandated by that act shall be used. As used in this section, the Agnos Child Support Standards Act of 1984 means the provisions of that act in effect immediately before the changes made by Chapter 1493 of the Statutes of 1990.
(i)  The amounts in this subdivision, if ordered to be paid, are considered support.
(1)  For the purposes of this subdivision, the net income of the parent paying child support shall be reduced by the amount of any child support paid by that parent under this section. The net income of the parent receiving child support shall not be increased by any amount of child support received under this section.
(2)  The following expenses shall be added to the amount of child support calculated under subdivision (a):
(A)  Child care costs, after any applicable tax credits, related to employment shared in accordance with the net income of the parties.
(B)  Absent good cause to the contrary, health care and health insurance costs for the children not deducted from gross income under subdivision (g) and health care costs for the children shared in accordance with the net income of the parties.
(3)  The following expenses may be added to the amount of child support calculated under subdivision (a):
(A)  In the court’s discretion and subject to the paying parent’s ability to pay, costs related to the special educational or other needs of a child.
(B)  Child care costs related to reasonably necessary education or training for employment skills shared in accordance with the net income of the parties.
(C)  Travel expenses for visitation shared in accordance with the net income of the parties, unless this creates an unreasonable hardship on one parent. The court shall find on the record or make a written finding of any unreasonable hardship.
(4)  Except where there is an assignment of rights pursuant to Section 11477 of the Welfare and Institutions Code, any payment ordered pursuant to this subdivision may be ordered paid directly to a provider of services.
(j)  The court may adjust the child support award as appropriate to accommodate seasonal or fluctuating income of either parent.
(k)  Unless applicable federal law prohibits, this section shall not impair the right of parties to enter stipulated agreements, except that the court shall not approve a stipulated agreement for a child support award unless all of the following conditions are met:
(1)  The parties acknowledge that they are fully informed of their rights pursuant to this title and that the award is being agreed to without coercion or duress.
(2)  The parties declare that (A) the agreement is in the best interests of the children involved and (B) their children’s needs will be adequately met by the stipulated amount.
(3)  The right to support has not been assigned to the county pursuant to Section 11477 of the Welfare and Institutions Code, and no public assistance application is pending.
( l)  If the parties to a stipulated agreement stipulate to a child award below the amount established by this section, no change of circumstances need be demonstrated to obtain a modification of the child support award to the applicable guideline level or above.
(m)  Orders and stipulations otherwise in compliance with this guideline may designate as “family support” an unallocated total sum for support of the spouse and any children without specifically labeling all or any portion as “child support” so long as the amount is adjusted to reflect the effect of additional deductibility. The amount of the order shall be adjusted to maximize the tax benefits for both parents.
(n)  In the event that the Legislature extends the operative date of this section beyond January 1, 1994, it is the intent of the Legislature that the uniform guidelines provided by this section shall be reviewed by the Legislature at least every four years and revised as appropriate to ensure that its application results in the determination of appropriate child support award amounts. The review shall include consideration of changes necessitated by applicable federal laws and regulations. If the operative date of this section is so extended, it is the intent of the Legislature that it shall establish the procedure for the initial review of the guidelines no later than October 1, 1994.
(o)  This section shall remain in effect only until January 1, 1994, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1994, deletes or extends that date.

SEC. 14.

 Section 683.130 of the Code of Civil Procedure is amended to read:

683.130.
 (a)  In the case of a lump-sum money judgment or a judgment for possession or sale of property, the application for renewal of the judgment may be filed at any time before the expiration of the 10-year period of enforceability provided by Section 683.020 or, if the judgment is a renewed judgment, at any time before the expiration of the 10-year period of enforceability of the renewed judgment provided by Section 683.120.
(b)   Except as otherwise specified in subdivisions (c) and (d), in the case of a money judgment payable in installments, the application for renewal of the judgment may be filed:
(1)  If the judgment has not previously been renewed, at any time as to past due amounts that at the time of filing are not barred by the expiration of the 10-year period of enforceability provided by Sections 683.020 and 683.030.
(2)  If the judgment has previously been renewed, within the time specified by subdivision (a) as to the amount of the judgment as previously renewed and, as to any past due amounts that became due and payable after the previous renewal, at any time before the expiration of the 10-year period of enforceability provided by Sections 683.020 and 683.030.
(c)  Notwithstanding any other provision of law to the contrary, in the case of a money judgment payable in installments for the payment of child support or family support, the application for renewal of the judgment may be filed:
(1)  If the judgment has not previously been renewed, at any time as to past due amounts if the child has not attained the age of 23 years and, thereafter, at any time before the expiration of the 10-year period of enforceability provided by Sections 683.020 and 683.030.
(2)  If the judgment has previously been renewed, within the time specified by subdivision (a) as to the amount of the judgment as previously renewed and, as to any past due amount that became due and payable after the previous renewal, at any time if the child has not attained the age of 23 years and, thereafter, at any time before the expiration of the 10-year period of enforceability provided by Sections 683.020 and 683.030.
(d)  Any judgment for the payment of child support or family support, for which the enforcement of that support is sought by a writ of execution pursuant to Section 4383 of the Civil Code, may be renewed at any time within 10 years after it was made or entered or previously renewed. However, a judgment shall not be renewed if the application is filed within five years from the time the judgment was previously renewed.

SEC. 15.

 Section 683.310 of the Code of Civil Procedure is amended to read:

683.310.
 Except as otherwise provided in Section 4384.5 of the Civil Code, this chapter does not apply to judgments made, entered, or enforceable pursuant to the Family Law Act, Part 5 (commencing with Section 4000) of Division 4 of the Civil Code.

SEC. 16.

 Section 1699 of the Code of Civil Procedure is amended to read:

1699.
 (a)   Except as specified in this section, upon registration the registered foreign support order shall be treated in the same manner as a support order issued by a court of this state. It has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a support order of this state and may be enforced and satisfied in like manner. Except as specified in this section, upon registration, a foreign order for the assignment of wages for support shall be treated for all purposes in the same manner as an order for assignment of earnings entered pursuant to Chapter 5 (commencing with Section 4390) of Title 1.5 of Part 5 of Division 4 of the Civil Code.
(b)  The obligor has 20 days after the mailing or other service of notice of the registration of a foreign order of support or assignment of wages in which to petition the court to vacate the registration or for other relief. In an action under this section there shall be no joinder of actions, coordination of actions, or cross- complaints and the claims or defenses shall be limited strictly to the identity of the obligor, the validity of the underlying foreign support order or foreign order for the assignment of wages, or the accuracy of the obligee’s statement of the amount of support remaining unpaid unless the amount has been previously established by a judgment or order. If the obligor does not so petition the court, the registered foreign support order or foreign order for the assignment of wages and all other documents filed pursuant to subdivision (a) of Section 1698.3 are confirmed.
(c)  At the hearing to enforce the registered order the obligor may present only matters that would be available to the obligor as defenses in an action to enforce a support judgment. If the obligor shows and the court finds that an appeal from the order is pending or that a stay of execution has been granted the court shall stay enforcement of the order until the appeal is concluded, the time for appeal has expired, or the order is vacated, upon satisfactory proof that the obligor has furnished security for payment of the support ordered as required by the rendering state. If the obligor shows and the court finds any ground upon which enforcement of a support order of this state may be stayed the court shall stay enforcement of the order for an appropriate period if the obligor furnishes the same security for payment of the support ordered that is required for a support order of this state.
(d)  Registration of an out-of-state order for the sole purpose of interstate wage withholding shall not confer jurisdiction on the court for any purpose other than income withholding.

SEC. 17.

 Section 1255.7 of the Unemployment Insurance Code is amended to read:

1255.7.
 (a)  The State Department of Social Services shall notify the director whether an individual filing a claim for unemployment compensation after October 1, 1982, owes support obligations as defined under subdivision (h), and notify the department of any changes in the status of these individuals to ensure that the department has a current record.
(b)  The department shall maintain and keep current a record of individuals who owe support obligations and who may have claims for unemployment compensation benefits.
(c)   The department shall deduct and withhold support obligations as defined under subdivision (h) from any unemployment compensation payable to an individual who owes these obligations.
(d)  Any amount deducted and withheld under subdivision (c) shall be paid by the department to the appropriate county or to the State Department of Social Services as the assigned payee, as stipulated by mutual agreement, in the interagency agreement between the department and the State Department of Social Services.
(e)  Any amount deducted and withheld under subdivision (c) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the State Department of Social Services.
(f)  For purposes of subdivisions (a) to (e), inclusive, “unemployment compensation” means any compensation payable under this division, except Part 2 (commencing with Section 2601), but including amounts payable by the department pursuant to an agreement under any federal unemployment compensation law.
(g)  This section applies only if appropriate arrangements have been made for reimbursement by the State Department of Social Services for the administrative costs incurred by the Employment Development Department.
(h)  For purposes of this section, “support obligations” means the child and related spousal support obligations which are being enforced pursuant to a plan described in Section 454 of the Social Security Act and as that section may hereafter be amended. However to the extent “related spousal support obligations” may not be collected from unemployment compensation under federal law, those obligations shall not be included in the definition of support obligations under this section.

SEC. 18.

 Section 2630 of the Unemployment Insurance Code is amended to read:

2630.
 (a)  The State Department of Social Services shall periodically notify the department of individuals who are certified, as provided in Section 11350.5 of the Welfare and Institutions Code, as having support obligations, as defined by subdivision (g) and notify the department of any changes in the status of these individuals to ensure that the department has a current record.
(b)  Upon receipt of the notifications referred to in subdivision (a), the department shall determine whether the individuals have claims for unemployment compensation disability benefits, either with the department or under an approved voluntary plan.
(c)  If the department determines that an individual referred to in subdivision (a) has a claim for unemployment compensation disability benefits with an approved voluntary plan, it shall notify the voluntary plan payer. When the State Department of Social Services notifies the department of any changes in the individual’s status as to his or her support obligations, the department shall in turn notify the voluntary plan payer. Upon notification from the department, the voluntary plan payer shall deduct and withhold the amounts specified in Section 11350.5 of the Welfare and Institutions Code from the unemployment compensation disability benefits that would otherwise be payable to the individual. For each withholding, the voluntary plan payer shall deduct an amount which represents the amount withheld for support obligations and may also deduct an administrative fee representing actual costs, not to exceed two dollars ($2). In no event shall the withholding and the administrative fee exceed 25 percent or a lesser amount as specified in subdivision (e) of Section 11350.5 of the Welfare and Institutions Code. The voluntary plan payer shall pay the amounts for support deducted and withheld pursuant to this section to the appropriate certifying county.
(d)  The department shall maintain a current record of individuals certified as owing support obligations. If the department determines that the individual has a claim for unemployment compensation disability benefits with the department, it shall deduct and withhold the amounts specified in Section 11350.5 of the Welfare and Institutions Code from the unemployment compensation disability benefits that would otherwise be payable to the individual. The department shall periodically pay the amounts deducted and withheld to the appropriate county or to the State Department of Social Services as the assigned payee, as stipulated by mutual agreement, in the interagency agreement between the department and the State Department of Social Services.
(e)  Amounts deducted and withheld from an individual’s unemployment compensation disability benefits in accordance with subdivision (c) or (d) shall for all purposes be treated as if it were paid to the individual and then paid by the individual to the State Department of Social Services or the appropriate certifying county.
(f)  This section shall apply only if appropriate arrangements are made for the State Department of Social Services to reimburse the department for its administrative costs for performing the functions required of it by this section.
(g)  For purposes of this section, “support obligations” means the child and related spousal support obligations described in the state plan approved pursuant to Section 454 of the Social Security Act and as that section may hereafter be amended. However, to the extent “related spousal support obligations” may not be collected from unemployment compensation under federal law, those obligations shall not be included in the definition of support obligations under this section.

SEC. 19.

 Section 903 of the Welfare and Institutions Code is amended to read:

903.
 (a)  A parent of a minor, the estate of a parent, and the estate of the minor, shall be liable for the reasonable costs of support of the minor while the minor is placed, or detained in, or committed to, any institution or other place pursuant to an order of the juvenile court. The liability of these persons and estates shall be a joint and several liability.
(b)  It shall be the responsibility of a county to demonstrate to any person against whom it seeks to enforce the liability established by this section, that the charges it seeks to impose are limited to the reasonable costs of support of the minor and that these charges exclude any costs of incarceration, treatment, or supervision for the protection of society and the minor and the rehabilitation of the minor. Except in those placements of a minor in which an AFDC-FC grant is made, the county shall separately itemize the cost of each major component, such as food, clothing, and medical expense, contained within the costs of support of the minor, for any person against whom the county seeks to impose liability under this section. Nothing in this section shall preclude the district attorney from seeking reimbursement of AFDC-FC costs pursuant to Section 11350.
(c)  It is the intent of the Legislature in enacting this subdivision to protect the fiscal integrity of the county, to protect persons against whom the county seeks to impose liability from excessive charges, to insure reasonable uniformity throughout the state in the level of liability being imposed, and to insure that liability is imposed only on persons with the ability to pay. In evaluating a family’s financial ability to pay under this section, the county shall take into consideration the family income, the necessary obligations of the family, and the number of persons dependent upon this income. Except in those placements of a minor in which an AFDC-FC grant is made, and except as provided in paragraphs (1), (2), and (3), “costs of support” as used in this section means only actual costs incurred by the county for food and food preparation, clothing, personal supplies, and medical expenses, not to exceed a combined maximum cost of fifteen dollars ($15) per day, except that:
(1)  The maximum cost of fifteen dollars ($15) per day shall be adjusted every third year beginning January 1, 1988, to reflect the percentage change in the calendar year annual average of the California Consumer Price Index, All Urban Consumers, published by the Department of Industrial Relations, for the three-year period.
(2)  No cost for medical expenses shall be imposed by the county until the county has first exhausted any eligibility the minor may have under private insurance coverage, standard or medically indigent Medi-Cal coverage, and the Robert W. Crown California Children’s Services Act (Article 2 (commencing with Section 248) of Chapter 2 of Part 1 of Division 1 of the Health and Safety Code).
(3)  In calculating the cost of medical expenses, the county shall not charge in excess of 100 percent of the AFDC fee for service average Medi-Cal payment for that county for that fiscal year as calculated by the State Department of Health Services; however, if a minor has extraordinary medical or dental costs that are not met under any of the coverages listed in paragraph (2), the county may impose these additional costs.

SEC. 20.

 Section 11350 of the Welfare and Institutions Code is amended to read:

11350.
 (a)  In any case of separation or desertion of a parent or parents from a child or children which results in aid under this chapter being granted to such family, the noncustodial parent or parents shall be obligated to the county for an amount equal to the following:
(1)  The amount specified in an order for the support and maintenance of such family issued by a court of competent jurisdiction; or in the absence of such court order, the amount specified in paragraph (2).
(2)  The amount of support which would have been specified in an order for the support and maintenance of the family during the period of separation or desertion provided that any such amount in excess of the aid paid to the family shall not be retained by the county, but disbursed to the family.
(3)  The obligation shall be reduced by any amount actually paid by such parent during the period of separation or desertion for the support and maintenance of such family.
(b)  The district attorney shall take appropriate action pursuant to this section in the superior court of the county which provided aid under this chapter.
(c)  The amount of the obligation established under paragraph (2) of subdivision (a) shall be determined by using the appropriate child support guidelines currently in effect. If one parent remains as a custodial parent, the guideline support shall be computed in the normal manner. If neither parent remains as a custodial parent, the support shall be computed by combining the noncustodial parents’ incomes and placing the figure obtained in the column for noncustodial parent. A zero shall be placed in the column for the custodial parent and the amount of guideline support resulting shall be proportionately shared between the parents as directed by the court. The parents shall pay the amount of support specified in the support order to the district attorney.
(d)  The court may order the defendant to pay the county attorney fees and court costs, based on such defendant’s reasonable ability to pay, in any proceeding brought by the county pursuant to this section.
In making the determination of the defendant’s reasonable ability to pay attorney’s fees and court costs under this section, the court shall be limited to the following considerations:
(1)  The wealth and income of the defendant.
(2)  The current ability of the defendant to earn.
(3)  The age of the defendant.

SEC. 21.

 Section 11350.5 of the Welfare and Institutions Code is amended to read:

11350.5.
 (a)  As authorized by subdivision (d) of Section 704.120 of the Code of Civil Procedure, the following actions shall be taken in order to enforce support obligations which are not being met. Whenever a support judgment or order has been rendered by a court of this state against an individual who is entitled to any unemployment compensation benefits or unemployment compensation disability benefits, the district attorney may file a certification of support judgment or support order with the State Department of Social Services, verifying under penalty of perjury that there is or has been a judgment or an order for support with sums overdue thereunder. The department shall periodically present and keep current, by deletions and additions, a list of the certified support judgments and orders and shall periodically notify the Employment Development Department of individuals certified as owing support obligations.
(b)  If the Employment Development Department determines that an individual who owes support may have a claim for unemployment compensation disability insurance benefits under a voluntary plan approved by the Employment Development Department in accordance with Chapter 6 (commencing with Section 3251) of Part 2 of Division 1 of the Unemployment Insurance Code, the Employment Development Department shall immediately notify the voluntary plan payer. When the department notifies the Employment Development Department of changes in an individual’s support obligations, the Employment Development Department shall promptly notify the voluntary plan payer of these changes. The Employment Development Department shall maintain and keep current a record of individuals who owe support obligations who may have claims for unemployment compensation or unemployment compensation disability benefits.
(c)  Notwithstanding any other provision of law, the Employment Development Department shall withhold the amounts specified below from the unemployment compensation benefits or unemployment compensation disability benefits of individuals with unmet support obligations. The Employment Development Department shall periodically forward them to the State Department of Social Services for distribution to the appropriate certifying county.
(d)  Notwithstanding any other provision of law, during the payment of unemployment compensation disability benefits to an individual, with respect to whom the Employment Development Department has notified a voluntary plan payer that the individual has a support obligation, the voluntary plan payer shall withhold the amounts specified below from the individual’s unemployment compensation disability benefits and shall periodically forward them to the appropriate certifying county.
(e)  The amounts withheld in subdivisions (c) and (d) shall be equal to 25 percent or each weekly unemployment compensation benefit payment or periodic unemployment compensation disability benefit payment, rounded down to the nearest whole dollar, which is due the individual identified on the certified list. However, the amount withheld may be reduced to a lower whole dollar amount through a written agreement between the individual and district attorney’s office or through an order of the court.
(f)  The State Department of Social Services shall ensure that the appropriate certifying county shall resolve any claims for refunds in the amounts overwithheld by the Employment Development Department or voluntary plan payer.
(g)  No later than the time of the first withholding, the individuals who are subject to the withholding shall be notified by the payer of benefits of all of the following:
(1)  That his or her unemployment compensation benefits or unemployment compensation disability benefits have been reduced by a court-ordered support judgment or order pursuant to this section.
(2)  The address and phone number of the district attorney’s office which submitted the certificate of support judgment or order.
(h)  The individual may ask the appropriate court for an equitable division of the individual’s unemployment compensation or unemployment compensation disability amounts withheld to take into account the needs of all the persons the individual is required to support.
(i)  The State Department of Social Services and the Employment Development Department shall enter into any agreements necessary to carry out this section.
(j)  For purposes of this section, “support obligations” means the child and related spousal support obligations which are being enforced pursuant to a plan described in Section 454 of the Social Security Act and as that section may hereafter be amended. However, to the extent “related spousal support obligation” may not be collected from unemployment compensation under federal law, those obligations shall not be included in the definition of support obligations under this section.

SEC. 22.

 Section 11350.6 is added to the Welfare and Institutions Code, to read:

11350.6.
 (a)  As used in this section:
(1)  “Board” means any entity specified in Section 101 of the Business and Professions Code, the entities referred to in Sections 1000 and 3600 of the Business and Professions Code, the State Bar of California, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession.
(2)  “Compliance with a judgment or order for support” means that the obligor is no more than 30 days in arrears in making payments in full for current support, in making periodic payments on a support arrearage, or in making periodic payments on a reimbursement for public assistance, as set forth in a judgment or order for support.
(b)  The following actions may be taken to enforce support obligations which are not being met. Whenever a support judgment or order has been rendered by, or registered in, a court of this state, the district attorney may file a certification of support judgment or support order with the State Department of Social Services, verifying under penalty of perjury that there is or has been a judgment or an order for support and that the obligor is not in compliance with the judgment or order for support. The certification shall contain the name, social security number, and last known address of the support obligor. The district attorney, on a monthly basis, shall update this information and submit it to the State Department of Social Services.
(c)  The State Department of Social Services shall consolidate the lists received from the various district attorney offices and, subject to subdivisions (e), (f), and (g), shall notify any board which is responsible for the regulating of business or professional licenses, certificates, or registrations of individuals certified as owing support obligations. The list shall include the name and address of each local agency which submitted information for the list.
(d)  Promptly after receiving the certification pursuant to subdivision (b), the Department of Social Services shall serve notice of the filing on the support obligor. Service shall be made personally or by mail. The notice shall inform the support obligor of the intent to submit his or her name to any appropriate board. The notice shall inform the obligor that any failure to respond to the notice in writing within 60 days from the date of the mailing of the notice shall result in the submission of his or her name to any appropriate board. The response shall be sent to the district attorney’s office which submitted the obligor’s name to the State Department of Social Services.
(e)  Any district attorney who files a certification pursuant to this section shall establish procedures to allow a support obligor to object to the submission of his or her name to to any board, to have the underlying debt and any relevant defenses investigated, and to receive information on the process of obtaining a modification of a support order or assistance in the establishment of a payment schedule on arrearages if the circumstances so warrant.
(f)  A support obligor who has requested and obtained a review by the district attorney pursuant to subdivision (e) may petition the superior court in the county of the submitting district attorney for a judicial review of the decision to certify his or her name pursuant to this section. The time for filing of the petition for judicial review shall be within 30 days of the mailing of the notice of the results of the review by the district attorney to the support obligor. The judicial review shall be limited to a determination of the following issues:
(1)  Whether there is a support judgment or order.
(2)  Whether the petitioner is the obligor covered by the support judgment or order.
(3)  Whether the support obligor is or is not in compliance with the judgment or order for support.
(g)  No name shall be submitted by the State Department of Social Services to any board until after the time period for the obligor’s response to the notice provided for in subdivision (d) has lapsed and the district attorney has notified the State Department of Social Services that the obligor has failed to respond, or, if the obligor has availed himself or herself of the procedures provided in subdivisions (e) and (f), until after judgment on the petition for judicial review is entered. If an obligor uses the procedures provided in subdivision (e), but does not file a petition for judicial review pursuant to subdivision (f), his or her name may be submitted to any board after the time for filing a petition for judicial review has lapsed.
(h)  Prior to the issuance or renewal of a license, certificate, or registration for a person to engage in a business or profession, any board shall determine whether the person applying for the license, certificate, or registration is on the most recent monthly list. The board shall not issue or renew such a license, certificate, or registration to any person whose name is on the most recent monthly list until the board receives a copy of the release specified in subdivision (j).
(i)  The board shall notify an applicant subject to subdivision (h), by first-class mail return receipt requested, that the applicant’s name appears on the monthly list. The notice shall include the address and phone number of the district attorney’s office which submitted the certification of support judgment of order, and of the necessity of obtaining a release from that district attorney’s office.
(j)  The State Department of Social Services shall prescribe and furnish release forms for use by the boards. When the obligor is in compliance with the judgment or order for support, the district attorney or local responsible agency shall issue to the obligor a release stating that the person is in compliance with the judgment or order of support for which certification was provided under subdivision (b). If any dispute relating to compliance exists, the relevant procedures provided in subdivisions (e) and (f) shall be applicable.
The issuance of a release shall operate to remove the name of the support obligor from the certified list as specified in subdivision (c), unless a district attorney, pursuant to subdivision (a), certifies subsequent to the issuance of a release that the support obligor is once again not in compliance with a judgment or order for support.
(k)  The board, upon request of the person applying for the registration, license, or certification whose name appears on the certified list prepared by the State Department of Social Services, shall issue to that applicant a temporary registration, license, or certification valid for a period not to exceed 120 days. If, upon the expiration of the temporary registration, license, or certification, the applicant is in compliance with all judgments or orders for support for which certification has been filed pursuant to subdivision (b), the board shall issue the title, license, certification, or permit to the applicant.
( l)  The State Department of Social Services shall adopt regulations necessary to implement the requirements of this section.
(m)  The State Department of Social Services may enter into any agreements with the boards necessary to carry out this section, to the extent that the department has determined that it is cost-effective.
(n)  Nothing in this section shall be deemed to limit the filing by a support obligor of a petition for an order to show cause to modify a support judgment or order or to fix a payment schedule on arrearages accruing under a support judgment or order.

SEC. 23.

 Section 11478.5 of the Welfare and Institutions Code is amended to read:

11478.5.
 (a)  There is in the Department of Justice the California Parent Locator Service and Central Registry which shall collect and disseminate all of the following, with respect to any parent who has deserted or abandoned any child, spouse, or former spouse, and with respect to any parent who has abducted any child:
(1)  The full and true name of such parent together with any known aliases.
(2)  Date and place of birth.
(3)  Physical description.
(4)  Social security number.
(5)  Employment history and earnings.
(6)  Military status and Veterans Administration or military service serial number.
(7)  Last known address, telephone number, and date thereof.
(8)  Driver’s license number, driving record, and vehicle registration information.
(9)  Criminal, licensing, and applicant records and information.
(10)  (A)  Any additional location, asset, and income information, including income tax return information obtained pursuant to Section 19285.1 of the Revenue and Taxation Code, and the address, telephone number, and social security information obtained from a public utility that may be of assistance in locating the alleged abducting or absent parent, spouse, or former spouse, in establishing a parent and child relationship, in enforcing the child support liability of the absent parent, or enforcing the spousal support liability of the spouse or former spouse to the extent required by the state plan pursuant to Section 11475.2.
(B)  For purposes of this subdivision “income tax return information” means all of the following regarding the taxpayer:
(i)  Assets.
(ii)  Credits.
(iii)  Deductions.
(iv)  Exemptions.
(v)  Identity.
(vi)  Liabilities.
(vii)  Nature, source, and amount of income.
(viii)  Net worth.
(ix)  Payments.
(x)  Receipts.
(xi)  Address.
(xii)  Social security number.
(b)  To effectuate the purposes of this section, the California Parent Locator Service and Central Registry shall, to the extent necessary, utilize the federal parent locator service, and may request and shall receive from all departments, boards, bureaus, or other agencies of the state, or any of its political subdivisions, and the same are authorized to provide that assistance and data which will enable the Department of Justice and public agencies to carry out their powers and duties to locate the parents, spouses, and former spouses, and to identify their assets, to establish a parent and child relationship, to enforce their liability for child or spousal support of their children, for any other obligations incurred on behalf of their children, and to locate and return abducted children to their parents.
(c)  (1)  To effectuate the purposes of this section, and notwithstanding any other provision of California law, regulation, or tariff, and to the extent permitted by federal law, the California Parent Locator Service and Central Registry may request and shall receive from public utilities, as defined in Section 216 of the Public Utilities Code, customer service information, including the full name, address, telephone number, date of birth, and social security number of customers of the public utility, to the extent that this information is stored within the computer data base of the public utility.
(2)  In order to protect the privacy of utility customers, a request to a public utility for customer service information pursuant to this section shall meet the following requirements:
(A)  Be submitted to the public utility in writing, on a transmittal document prepared by the California Parent Locator Service and Central Registry and approved by all of the public utilities.
(B)  Have the signature of a representative authorized by the California Parent Locator Service and Central Registry.
(C)  Contain at least three of the following data elements regarding the person sought:
(i)  First and last name, and middle initial, if known.
(ii)  Social security number.
(iii)  Driver’s license number.
(iv)  Birth date.
(v)  Last known address.
(vi)  Spouse’s name.
(D)  The California Parent Locator Service and Central Registry shall ensure that each public utility has at all times a current list of the names of persons authorized to request customer service information.
(E)  The California Parent Locator Service and Central Registry shall ensure that customer service information supplied by a public utility is applicable to the person who is being sought before releasing the information pursuant to subdivision (d).
(3)  The public utility may charge a fee to the California Parent Locator Service and Central Registry for each search performed pursuant to this subdivision to cover the actual costs to the public utility for providing this information.
(4)  No public utility, or official or employee thereof, shall be subject to criminal or civil liability for the release of customer service information as authorized by this subdivision.
(d)  Notwithstanding Section 14202 of the Penal Code, any records established pursuant to this section shall be disseminated only to the Department of Justice, the central registry of this state and other states as defined by federal law and regulations, district attorneys, probation departments, locator services of other states, the federal parent locator service and official child support enforcement agencies, the county department administering aid to families with dependent children, and courts or local agencies having jurisdiction in support, custody, abduction, adoption, dependency, or abandonment proceedings or actions, or reimbursement proceedings for the support of juveniles who are in out-of-home placement for the purposes set out in Section 11478 and this section.
(e)  (1)   At no time shall any information received by the California Parent Locator Service and Central Registry be disclosed to any person, agency, or other entity, other than those persons, agencies, and entities specified pursuant to Section 11478, this section, or any other provision of law.
(2)  This subdivision shall not affect the right to discovery between parties in any action to establish, modify, or enforce child support, spousal support, or family support.
(f)  (1)  The Department of Justice, in consultation with the State Department of Social Services, shall promulgate rules and regulations to facilitate maximum and efficient use of the California Parent Locator Service and Central Registry.
(2)  The Department of Justice, in consultation with the State Department of Social Services and the Public Utilities Commission, shall develop procedures for obtaining the information described in subdivision (c) from public utilities, and for compensating the public utilities for providing that information.
(g)  This section shall be construed in a manner consistent with the other provisions of this article.

SEC. 24.

 Section 11478.8 is added to the Welfare and Institutions Code, to read:

11478.8.
 (a)  Upon receipt of a written request from a district attorney enforcing the obligation of parents to support their children pursuant to Section 11475.1, every employer and labor organization shall cooperate with and provide relevant employment and income information which they have in their possession to the district attorney for the purpose of establishing, modifying, or enforcing the support obligation. No employer or labor organization shall incur any liability for providing this information to the district attorney.
Relevant employment and income information shall include, but not be limited to, all of the following:
(1)  Whether a named person has or has not been employed by an employer or whether a named person has or has not been employed to the knowledge of the labor organization.
(2)  The full name of the employee or member.
(3)  The employee’s or member’s last known residence address.
(4)  The employee’s or member’s date of birth.
(5)  The employee’s or member’s social security number.
(6)  The dates of employment.
(7)  All earnings paid to the employee or member during the preceding 12 months.
(8)  Whether the dependent health insurance coverage is available to the employee through employment or membership in the labor organization.
The district attorney shall notify the employer and labor organization of the district attorney case file number in making a request pursuant to this section. The written request shall include at least three of the following elements regarding the person who is the subject of the inquiry: (A) first and last name and middle initial, if known; (B) social security number; (C) driver’s license number; (D) birth date; (E) last known address; or (F) spouse’s name.
The district attorney shall send a notice that a request for this information has been made to the last known address of the person who is the subject of the inquiry.
(b)  An employer or labor organization which fails to provide relevant employment information to the district attorney within 20 days of receiving a request pursuant to subdivision (a) may be assessed a civil penalty of a maximum of five hundred dollars ($500), plus attorneys’ fees and costs. Proceedings to impose the civil penalty shall be commenced by the filing and service of an order to show cause.
(c)  “Labor organization,” for the purposes of this section means a labor organization as defined in Section 1117 of the Labor Code or any related benefit trust fund covered under the federal Employee Retirement Income Security Act of 1974 (Chapter 18 (commencing with Section 1001) of Title 29 of the United States Code).
(d)  Any reference to the district attorney in this section shall apply only when the district attorney is otherwise ordered or required to act pursuant to existing law. Nothing in this section shall be deemed to mandate additional enforcement or collection duties upon the district attorney beyond those imposed under existing law on the effective date of this section.

SEC. 25.

 The State Department of Social Services shall conduct a study of the feasibility of increasing child support collections by establishing paternity through the following methods:
(a)  Requiring hospitals to notify the local district attorney’s office when a birth certificate is filed without the signature of both parents.
(b)  Requiring the local district attorney’s office to investigate within six months of the filing of a birth certificate that is filed without the signature of both parents in order to establish paternity.
The objective of this strategy is to reduce the percentage of Aid to Families with Dependent Children (AFDC) cases and non-AFDC cases in which paternity must be established before the district attorney can obtain a child support order.
The study shall address the potential cost and the potential savings in child support collections which might occur as a result of this strategy. The State Department of Social Services shall consult with the Senate Health and Human Services Committee, the Assembly Human Services Committee, the Senate Office of Research, and the Assembly Office of Research.
The study shall be submitted to the Legislature no later than September 1, 1992.

SEC. 26.

 It is the intent of the Legislature that California participate in the so-called federal Parent’s Fair Share pilot program pursuant to the Family Support Act of 1988 (P.L. 100-485) to the extent that counties are interested in participating in the pilot program. The State Department of Social Services shall provide technical assistance to counties that are interested in participating in the pilot and work with the federal government to ensure California’s participation.

SEC. 27.

 If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

SEC. 28.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.

SEC. 29.

 This act shall not become operative unless and until Senate Bill 724 is enacted.