Currrent as of February 4, 2022
Senate Bill No. 454
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Introduced by Senator Bates |
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An act to amend Sections 4506, 17523, and 17523.5 of the Family Code, relating to child support.
LEGISLATIVE COUNSEL’S DIGEST
SB 454, as amended, Bates. Child support: enforcement.
Existing law imposes a general obligation on both parents of a minor child to support their child in the manner suitable to the child’s circumstances. Existing law establishes the statewide uniform guidelines for calculating court-ordered child support, based on the income of both parents and the time each parent spends with the child. Existing law authorizes, if a support obligor is delinquent on in paying child support and the local child support agency is enforcing a support obligation, a lien for child support against the personal property of the obligor in specified circumstances. Existing law defines “support obligor is delinquent in payment of support” to mean that the support obligor has failed to make a payment equal to one month’s support obligation.
Existing law requires the Department of Child Support Services to administer all services and perform all functions necessary to establish, collect, and distribute child support, and requires the department and the local child support agency to promptly and effectively collect and enforce child support obligations. Existing law also authorizes the transmission, filing, and recording of a lien record by departmental and local child support agency staff against the real property of a delinquent support obligor, as specified. Existing law authorizes a child support agency to record a notice of support judgment.
This bill would instead define “support obligor is delinquent in payment of support” to mean that the support obligor is over $1,000 in arrears on their support obligation or has failed to make payments equal to 3 months of their support obligation, whichever occurs first. The bill would instead authorize a child support agency to record a notice of support judgment when overdue support exceeds $1,000 or when the support obligor has failed to make payments equal to 3 months of their support obligation, whichever occurs first, regardless of whether the amounts of overdue support have been adjudicated or otherwise determined.
This bill would provide that if the local child support agency is enforcing the support obligation, as specified, a lien for child support arises, by operation of law, against the real property of the support obligor when the support obligor owes overdue support over $1,000 or when the support obligor has failed to make payments equal to 3 months of their support obligation, whichever occurs first. The bill would require the department to adopt or amend regulations to implement these provisions by March 31, 2022, and would authorize the department, until regulations are adopted or revised, to implement and administer these provisions through a child support services letter or similar instruction.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
Section 4506 of the Family Code is amended to read:
4506.
(a) An abstract of a judgment ordering a party to pay spousal, child, or family support to the other party shall be certified by the clerk of the court where the judgment was entered and shall contain all of the following:
(1) The title of the court where the judgment is entered and the cause and number of the proceeding.
(2) The date of entry of the judgment and of any renewal of the judgment.
(3) Where the judgment and any renewals are entered in the records of the court.
(4) The name and last known address of the party ordered to pay support.
(5) The name and address of the party to whom support payments are ordered to be paid.
(6) Only the last four digits of the social security number, birth date, and driver’s license number of the party who is ordered to pay support. If any of those numbers are not known to the party to whom support payments are to be paid, that fact shall be indicated on the abstract of the court judgment. This paragraph shall not apply to documents created prior to January 1, 2010.
(7) Whether a stay of enforcement has been ordered by the court and, if so, the date the stay ends.
(8) The date of issuance of the abstract.
(9) Any other information deemed reasonable and appropriate by the Judicial Council.
(b) The Judicial Council may develop a form for an abstract of a judgment ordering a party to pay child, family, or spousal support to another party which contains the information required by subdivision (a).
(c) Notwithstanding any other provision of law, when a support obligation is being enforced pursuant to Title IV-D of the Social Security Act, the agency enforcing the obligation may record a notice of support judgment when overdue support exceeds one thousand dollars ($1,000) or when the support obligor has failed to make payments equal to three months of their support obligation, whichever occurs first, regardless of whether the amounts of overdue support have been adjudicated or otherwise determined. Once recorded, the lien remains in effect until released. The notice of support judgment shall contain the same information as the form adopted by the Judicial Council pursuant to subdivision (b) and Section 4506.1. The notice of support judgment shall have the same force and effect as an abstract of judgment certified by the clerk of the court where the judgment was entered. The local child support agency or other Title IV-D agency shall not be subject to any civil liability as a consequence of causing a notice of support judgment to be recorded.
(d) As used in this section, “judgment” includes an order for child, family, or spousal support.
SEC. 2.
Section 17523 of the Family Code is amended to read:
17523.
(a) Notwithstanding any other provision of law, if a support obligor is delinquent in the payment of support and the local child support agency is enforcing the support obligation pursuant to Section 17400 or 17402, a lien for child support shall arise against the personal property of the support obligor in either of the following circumstances:
(1) By operation of law for all amounts of overdue support, regardless of whether the amounts have been adjudicated or otherwise determined.
(2) When either a court having continuing jurisdiction or the local child support agency determines a specific amount of arrearages is owed by the support obligor.
(b) The lien for child support shall be perfected by filing a notice of child support lien with the Secretary of State pursuant to Section 697.510 of the Code of Civil Procedure. Once filed, the child support lien shall have the same priority, force, and effect as a judgment lien on personal property pursuant to Article 3 (commencing with Section 697.510) of Chapter 2 of Division 2 of Article 9 of the Code of Civil Procedure.
(c) For purposes of this section, the following definitions shall apply:
(1) “Notice of child support lien” means a document filed with the Secretary of State that substantially complies with the requirements of Section 697.530 of the Code of Civil Procedure.
(2) “Support obligor is delinquent in payment of support” means that the obligor is over one thousand dollars ($1,000) in arrears on their support obligation or has failed to make payments equal to three months of their support obligation, whichever occurs first.
(3) “Personal property” means that property that is subject to attachment by a judgment lien pursuant to Section 697.530 of the Code of Civil Procedure.
(d) Nothing in this section shall affect the priority of any of the following interests:
(1) State tax liens as set forth in Article 2 (commencing with Section 7170) of Division 7 of Title 1 of the Government Code.
(2) Liens or security interests as set forth in Article 3 (commencing with Section 697.510) of Chapter 2 of Division 2 of Article 9 of the Code of Civil Procedure.
(e) As between competing child support liens and state tax liens, a child support lien arising under this section shall have priority over a state tax lien if (1) the child support lien is filed with the Secretary of State, (2) the notice of child support lien is filed in an action or proceeding in which the obligor may become entitled to property or money judgment, or (3) the levy for child support on personal property is made, before a notice of state tax lien is filed with the Secretary of State pursuant to Section 7171 of the Government Code or filed in an action or proceeding in accordance with Section 7173 of the Government Code.
(f) A personal property lien for child support arising in another state may be enforced in the same manner and to the same extent as a personal property lien arising in this state.
SEC. 3.
Section 17523.5 of the Family Code is amended to read:
17523.5.
(a) (1) Notwithstanding any other law, in connection with the duty of the department and the local child support agency to promptly and effectively collect and enforce child support obligations under Title IV-D, the transmission, filing, and recording of a lien record by departmental and local child support agency staff that arises pursuant to subdivision (a) of Section 4506 of this code or Section 697.320 of the Code of Civil Procedure against the real property of a support obligor in the form of a digital or a digitized electronic record shall be permitted and governed only by this section.
(2) (A) Notwithstanding any other law, if a support obligor is delinquent in the payment of support and the local child support agency is enforcing the support obligation pursuant to Section 17400 or 17402, a lien for child support shall arise against the real property of the support obligor by operation of law when the support obligor owes overdue support over one thousand dollars ($1,000) or when the support obligor has failed to make payments equal to three months of their support obligation, whichever occurs first, regardless of whether the amounts have been adjudicated or otherwise determined.
(B) A lien under subparagraph (A) is perfected when an abstract or notice pursuant to Section 4506 of this code or Section 697.320 of the Code of Civil Procedure is recorded. Notwithstanding Section 697.320 of the Code of Civil Procedure, a local child support agency shall perfect only real property liens that arise pursuant to subparagraph (A).
(3) A facsimile signature that complies with the requirements of paragraph (2) of subdivision (b) of Section 27201 of the Government Code shall be accepted on any document relating to a lien that is filed or recorded pursuant to this section.
(4) The department and the local child support agency may use the California Child Support Enforcement System to transmit, file, and record a lien record under this section.
(b) Nothing in this section shall be construed to require a county recorder to establish an electronic recording delivery system or to enter into a contract with an entity to implement this section.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Digital electronic record” means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means, but not created in original paper form.
(2) “Digitized electronic record” means a scanned image of the original paper document.
(d) The department shall adopt or amend regulations, including emergency regulations, necessary to implement paragraph (2) of subdivision (a) by March 31, 2022. Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may, until necessary regulations are adopted or revised, implement and administer paragraph (2) of subdivision (a) through a child support services letter or similar instruction.
Child Support Bill