Today's Law As Amended


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SB-1306 Support.(1995-1996)



As Amends the Law Today


SECTION 1.

 Section 695.221 of the Code of Civil Procedure is amended to read:

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

SEC. 2.

 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 the amounts 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 the amounts to the appropriate certifying county.
(e)  The amounts withheld in subdivisions (c) and (d) shall be equal to 25 percent of 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.
(3)  That the support order remains in effect even though he or she is unemployed or disabled unless it is modified by court order, and that if the amount withheld is less than the monthly support obligation, an arrearage will accrue.
(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. 3.
 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, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.