SECTIONS 4610-4617

4610.  (a) Subject to Sections 4613, 4614, and 4615, in anyproceeding where the court has ordered either or both parents to payany amount for the support of a child for whom support may beordered, upon an order to show cause or notice of motion,application, and declaration signed under penalty of perjury by theperson or county officer to whom support has been ordered to havebeen paid stating that the parent or parents so ordered is in arrearsin payment in a sum equal to the amount of 60 days of payments, thecourt shall issue to the parent or parents ordered to pay support,following notice and opportunity for a hearing, an order requiringthat the parent or parents deposit assets to secure future supportpayments with the deposit holder designated by the court. (b) In a proceeding under this article, upon request of any party,the court may also issue an ex parte restraining order as specifiedin Section 4620.4611.  In a proceeding under this chapter, an obligor-parent shallrebut both of the following presumptions: (a) The nonpayment of child support was willful, without goodfaith. (b) The obligor had the ability to pay the support.4612.  An obligor-parent alleged to be in arrears may use any of thefollowing grounds as a defense to the motion filed pursuant to thisarticle or as a basis for filing a motion to stop a sale or use ofassets under Section 4631: (a) Child support payments are not in arrears. (b) Laches. (c) There has been a change in the custody of the children. (d) There is a pending motion for reduction in support due to areduction in income. (e) Illness or disability. (f) Unemployment. (g) Serious adverse impact on the immediate family of theobligor-parent residing with the obligor-parent that outweighs theimpact of denial of the motion or stopping the sale on obligee. (h) Serious impairment of the ability of the obligor-parent togenerate income. (i) Other emergency conditions.4613.  The court shall not issue an order pursuant to this articleunless the court determines that one or more of the followingconditions exist: (a) The obligor-parent is not receiving salary or wages subject toan assignment pursuant to Chapter 8 (commencing with Section 5200)and there is reason to believe that the obligor-parent has earnedincome from some source of employment. (b) An assignment of a portion of salary or wages pursuant toChapter 8 (commencing with Section 5200) would not be sufficient tomeet the amount of the support obligation, for reasons other than achange of circumstances which would qualify for a reduction in theamount of child support ordered. (c) The job history of the obligor-parent shows that an assignmentof a portion of salary or wages pursuant to Chapter 8 (commencingwith Section 5200), would be difficult to enforce or would not be apractical means for securing the payment of the support obligation,due to circumstances including, but not limited to, multipleconcurrent or consecutive employers.4614.  The designation of assets subject to an order pursuant tothis article shall be based upon concern for maximizing the liquidityand ready conversion into cash of the deposited asset. In allinstances, the assets shall include a sum of money up to or equal invalue to one year of support payments or six thousand dollars($6,000) whichever is less, or any other assets, personal or real,designated by the court which equal in value up to one year ofpayments for support of the child, or six thousand dollars ($6,000),whichever is less, subject to Section 703.070 of the Code of CivilProcedure.4615.  In lieu of depositing cash or other assets as provided inSection 4614, the obligor-parent may, if approved by the court,provide a performance bond secured by real property or other assetsof the obligor-parent and equal in value to one year of payments.4616.  Upon deposit of an asset which is not readily convertibleinto money, the court may, after a hearing, order the sale of thatasset and the deposit of the proceeds with the deposit holder. Notless than 20 days written notice of the hearing shall be served onthe obligor-parent.4617.  (a) If the asset ordered to be deposited is real property,the order shall be certified as an abstract of judgment in accordancewith Section 674 of the Code of Civil Procedure. (b) A deposit of real property is made effective by recordation ofthe certified abstract with the county recorder. (c) The deposited real property and the rights, benefits, andliabilities attached to that property shall continue in thepossession of the legal owner. (d) For purposes of Section 701.545 of the Code of CivilProcedure, the date of the issuance of the order to deposit assetsshall be construed as the date notice of levy on an interest in realproperty was served on the judgment debtor.