State Codes and Statutes

State Codes and Statutes

Statutes > California > Fam > 4940-4946

FAMILY.CODE
SECTION 4940-4946



4940.  An income-withholding order issued in another state may be
sent to the person or entity defined as the obligor's employer
pursuant to Section 5210 without first filing a petition or
comparable pleading or registering the order with a tribunal of this
state.



4940.  An income-withholding order issued in another state may be
sent by or on behalf of the obligee, or by the support enforcement
agency, to the person defined as the obligor's employer pursuant to
Section 5210 without first filing a petition or comparable pleading
or registering the order with a tribunal of this state.




4941.  (a) Upon receipt of an income-withholding order, the obligor'
s employer shall immediately provide a copy of the order to the
obligor.
   (b) The employer shall treat an income-withholding order issued in
another state which appears regular on its face as if it had been
issued by a tribunal of this state.
   (c) Except as otherwise provided in subdivision (d) and Section
4942, the employer shall withhold and distribute the funds as
directed in the withholding order by complying with terms of the
order which specify any of the following:
   (1) The duration and the amount of periodic payments of current
child support, stated as a sum certain.
   (2) The person or agency designated to receive payments and the
address to which the payments are to be forwarded.
   (3) Medical support, whether in the form of periodic cash payment,
stated as a sum certain, or ordering the obligor to provide health
insurance coverage for the child under a policy available through the
obligor's employment.
   (4) The amount of periodic payments of fees and costs for a
support enforcement agency, the issuing tribunal, and the obligee's
attorney, stated as sums certain.
   (5) The amount of periodic payments of arrearages and interest on
arrearages, stated as sums certain.
   (d) An employer shall comply with the law of the state of the
obligor's principal place of employment for withholding from income
with respect to any of the following:
   (1) The employer's fee for processing an income-withholding order.
   (2) The maximum amount permitted to be withheld from the obligor's
income.
   (3) The times within which the employer must implement the
withholding order and forward the child support payment.



4941.  (a) Upon receipt of an income-withholding order, the obligor'
s employer shall immediately provide a copy of the order to the
obligor.
   (b) The employer shall treat an income-withholding order issued in
another state which appears regular on its face as if it had been
issued by a tribunal of this state.
   (c) Except as otherwise provided in subdivision (d) and Section
4942, the employer shall withhold and distribute the funds as
directed in the withholding order by complying with terms of the
order which specify any of the following:
   (1) The duration and the amount of periodic payments of current
child support, stated as a sum certain.
   (2) The person designated to receive payments and the address to
which the payments are to be forwarded.
   (3) Medical support, whether in the form of periodic cash payment,
stated as a sum certain, or ordering the obligor to provide health
insurance coverage for the child under a policy available through the
obligor's employment.
   (4) The amount of periodic payments of fees and costs for a
support enforcement agency, the issuing tribunal, and the obligee's
attorney, stated as sums certain.
   (5) The amount of periodic payments of arrearages and interest on
arrearages, stated as sums certain.
   (d) An employer shall comply with the law of the state of the
obligor's principal place of employment for withholding from income
with respect to any of the following:
   (1) The employer's fee for processing an income-withholding order.
   (2) The maximum amount permitted to be withheld from the obligor's
income.
   (3) The times within which the employer must implement the
withholding order and forward the child support payment.



4942.  If an obligor's employer receives multiple income-withholding
orders with respect to the earnings of the same obligor, the
employer satisfies the terms of the multiple orders if the employer
complies with the law of the state of the obligor's principal place
of employment to establish the priorities for withholding and
allocating income withheld for multiple child support obligees.



4942.  If an obligor's employer receives two or more
income-withholding orders with respect to the earnings of the same
obligor, the employer satisfies the terms of the orders if the
employer complies with the law of the state of the obligor's
principal place of employment to establish the priorities for
withholding and allocating income withheld for two or more child
support obligees.


4943.  An employer who complies with an income-withholding order
issued in another state in accordance with this article is not
subject to civil liability to any individual or agency with regard to
the employer's withholding of child support from the obligor's
income.



4944.  An employer who willfully fails to comply with an
income-withholding order issued by another state and received for
enforcement is subject to the same penalties that may be imposed for
noncompliance with an order issued by a tribunal of this state.




4945.  (a) An obligor may contest the validity or enforcement of an
income-withholding order issued in another state and received
directly by an employer in this state in the same manner as if the
order had been issued by a tribunal of this state. Section 4953
applies to the contest.
   (b) The obligor shall give notice of the contest to:
   (1) A support enforcement agency providing services to the
obligee;
   (2) Each employer that has directly received an income-withholding
order; and
   (3) The person or agency designated to receive payments in the
income-withholding order or, if no person or agency is designated, to
the obligee.



4945.  (a) An obligor may contest the validity or enforcement of an
income-withholding order issued in another state and received
directly by an employer in this state by registering the order in a
tribunal of this state and filing a contest to that order as provided
in Article 6 (commencing with Section 4950), or otherwise contesting
the order in the same manner as if the order had been issued by a
tribunal of this state.
   (b) The obligor shall give notice of the contest to all of the
following:
   (1) A support enforcement agency providing services to the
obligee.
   (2) Each employer that has directly received an income-withholding
order relating to the obligor.
   (3) The person designated to receive payments in the
income-withholding order or, if no person is designated, to the
obligee.



4946.  (a) A party seeking to enforce a support order or an
income-withholding order, or both, issued by a tribunal of another
state may send the documents required for registering the order to a
support enforcement agency of this state.
   (b) Upon receipt of the documents, the support enforcement agency,
without initially seeking to register the order, shall consider and,
if appropriate, use any administrative procedure authorized by the
law of this state to enforce a support order or an income-withholding
order, or both. If the obligor does not contest administrative
enforcement, the order need not be registered. If the obligor
contests the validity or administrative enforcement of the order, the
support enforcement agency shall register the order pursuant to this
chapter.


4946.  (a) A party or support enforcement agency seeking to enforce
a support order or an income-withholding order, or both, issued by a
tribunal of another state may send the documents required for
registering the order to a support enforcement agency of this state.
   (b) Upon receipt of the documents, the support enforcement agency,
without initially seeking to register the order, shall consider and,
if appropriate, use any administrative procedure authorized by the
law of this state to enforce a support order or an income-withholding
order, or both. If the obligor does not contest administrative
enforcement, the order need not be registered. If the obligor
contests the validity or administrative enforcement of the order, the
support enforcement agency shall register the order pursuant to this
chapter.