4975. This chapter shall be applied and construed to effectuate its
general purpose to make uniform the law with respect to the subject
of this chapter among states enacting it.
4975. In applying and construing this uniform act, consideration
shall be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
4976. If any provision of this chapter or its application to any
person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of this chapter which can be
given effect without the invalid provision or application, and to
this end the provisions of this chapter are severable.
4977. (a) The order described in Section 4926 shall be issued upon
application of a child, parent, guardian or other caretaker of a
child, or party, signed under penalty of perjury, setting forth facts
that demonstrate, to the satisfaction of the court, that the health,
safety, freedom of movement, or physical or emotional well-being of
the applicant or the applicant's child may be put unreasonably at
risk by the disclosure of the applicant's address or other
identifying information.
(b) A copy of the order issued pursuant to this section shall be
served on the other party to the proceeding and the district attorney
by first-class mail. The order shall include a mailing address for
service of process on the protected party. The protected party shall
be required to file with the court notice of any change of the
mailing address and a copy of the notice shall be sent to the other
party to the proceeding and the district attorney. This designated
address shall not be the address of a governmental agency unless the
agency has consented in writing to the designation.
(c) Notwithstanding any local or state rules of court, no notice
is required prior to issuance of an order pursuant to this section.
(d) An order issued pursuant to this section shall not expire
until further order of the court, issued after a hearing on a noticed
motion filed by the other party to the proceeding and served by
first-class mail on the protected party, at the mailing address
described in subdivision (b), and the district attorney.
(e) Part 4 (commencing with Section 240) of Division 2 shall not
apply to the issuance of an order pursuant to this section.
(f) The Judicial Council shall adopt forms and notices to
implement this section, that shall be available no later than July 1,
1999.
(g) Nothing in this section shall be construed to require a party
to obtain an order pursuant to this section before using a
confidential address on court pleadings except as required by Section
4925.
4978. A support enforcement agency that is providing services to a
petitioner pursuant to Section 4921 shall do all of the following:
(a) Inform the petitioner of the requirement that the pleadings
contain identifying information about the petitioner and the child,
including the residential address, unless an order of nondisclosure
is granted pursuant to Sections 4926 and 4977.
(b) Inform the petitioner of his or her right to seek an order of
nondisclosure and provide information regarding how that order may be
obtained.
(c) Inform the petitioner that the support enforcement agency
shall seek an order of nondisclosure on behalf of the petitioner if
the petitioner has previously obtained a protective or restraining
order or has been granted a good cause exception from cooperation
requirements pursuant to Section 11477.04 of the Welfare and
Institutions Code; and instruct the petitioner to notify the agency
of any such order or exception.
(d) Seek an order of nondisclosure pursuant to Sections 4926 and
4977 if the petitioner informs the agency that he or she has obtained
a protective or restraining order or has been granted a good cause
exception from cooperation requirements pursuant to Section 11477.04
of the Welfare and Institutions Code.
5000. (a) When a petition or comparable pleading pursuant to this
chapter is filed in a court of this state, the local child support
agency or petitioner may either (1) request the issuance of a summons
or (2) request the court to issue an order requiring the respondent
to appear personally at a specified time and place to show cause why
an order should not be issued as prayed in the petition or comparable
pleading on file.
(b) If a summons is issued for a petition or comparable pleading
pursuant to this chapter, the local child support agency or
petitioner shall cause a copy of the summons, petition, and other
documents to be served upon the respondent according to law.
(c) If an order to show cause is issued on a petition or
comparable pleading pursuant to this chapter requiring the respondent
to appear at a specified time and place to respond to the petition,
a copy of the order to show cause, the petition, and other documents
shall be served upon the respondent at least 15 days prior to the
hearing.
(d) A petition or comparable pleading pursuant to this chapter
served upon a respondent in accordance with this section shall be
accompanied by a blank responsive form that shall permit the
respondent to answer the petition and raise any defenses by checking
applicable boxes and by a blank income and expense declaration or
simplified financial statement together with instructions for
completion of the forms.
5001. (a) If, prior to filing, a petition or comparable pleading
pursuant to this chapter is received by the local child support
agency or the superior court and the county in which the pleadings
are received is not the appropriate jurisdiction for trial of the
action, the court or the local child support agency shall forward the
pleadings and any accompanying documents to the appropriate court of
this state or to the jurisdiction of another state without filing
the pleadings or order of the court, and shall notify the petitioner,
the California Central Registry, and the local child support agency
of the receiving county where and when the pleading was sent.
(b) If, after a petition or comparable pleading pursuant to this
chapter has been filed with the superior court of a county, it
appears that the respondent is not or is no longer a resident of the
county in which the action has been filed, upon ex parte application
by the local child support agency or petitioner, the court shall
transfer the action to the appropriate court of this state or to the
appropriate jurisdiction of another state and shall notify the
petitioner, the respondent, the California Central Registry, and the
local child support agency of the receiving county where and when the
pleading was sent.
(c) If, after entry of an order by a court of this state on an
action filed pursuant to this chapter or an order of another state
registered in a court of this state for enforcement or modification
pursuant to this chapter, it appears that the respondent is not or is
no longer a resident of the county in which the foreign order has
been registered, upon ex parte application by the local child support
agency of the transferring or receiving county or the petitioner,
the court shall transfer the registered order and all documents
subsequently filed in that action to the appropriate court of this
state and shall notify the petitioner, the respondent, the California
Central Registry, and the local child support agency of the
transferring and receiving county where and when the registered order
and all other appropriate documents were sent. Transfer of certified
copies of documents shall meet the requirements of this section.
(d) If, in an action initiated in a court of this state pursuant
to this chapter or a predecessor law for interstate enforcement of
support, the petitioner is no longer a resident of the county in
which the action has been filed, upon ex parte application by the
petitioner or the local child support agency, the court shall
transfer the action to the appropriate court of this state and shall
notify the responding jurisdiction where and when the action was
transferred.
(e) Notwithstanding subdivisions (b) and (c), above, if the
respondent becomes a resident of another county or jurisdiction after
an action or registered order under this chapter has been filed, the
action may remain in the county where the action was filed until the
action is completed.
5002. (a) In an action pursuant to this chapter prosecuted by the
local child support agency or the Attorney General that is initiated
by service of summons and petition or other comparable pleading, the
respondent may also be served with a proposed judgment consistent
with the relief sought in the petition or other comparable pleading.
If the respondent's income or income history is unknown to the local
child support agency, the local child support agency may serve a form
of proposed judgment with the petition and other documents on the
respondent that shall inform the respondent that income shall be
presumed to be the amount of the minimum wage, at 40 hours per week,
established by the Industrial Welfare Commission pursuant to Section
1182.11 of the Labor Code, unless information concerning the
respondent's income is provided to the court. The respondent shall
also receive notice that the proposed judgment will become effective
if he or she fails to file a response with the court within 30 days
after service.
(b) In any action pursuant to this chapter in which the judgment
was obtained pursuant to presumed income, as set forth in this
section, the court may set aside that part of the judgment or order
concerning the amount of child support to be paid on the grounds
specified and in the manner set forth in Section 17432.
5003. The Judicial Council shall adopt court rules implementing the
provisions of subdivision (f) of Section 4930 regarding hearings by
telephone, audiovisual means, or other electronic means on or before
July 1, 2005. Hearings by telephone, audiovisual means, or other
electronic means shall also be permitted in child support cases in
which the local child support agency is providing child support
services, but both of the parents reside in California, provided that
the hearings are conducted in accordance with the rules of court
adopted pursuant to this section.
5005. When the Attorney General is satisfied that reciprocal
provisions will be made by a foreign jurisdiction for the
establishment of support orders for obligees in California, or for
enforcement of support orders made within this state, the Attorney
General may declare the foreign jurisdiction to be a reciprocating
state for purposes of establishing and enforcing support obligations.
Any such declaration may be revoked by the Attorney General. Any
such declaration may be reviewed by the court in an action brought to
support a support order, or to enforce the order of a reciprocating
jurisdiction.
4975. This chapter shall be applied and construed to effectuate its
general purpose to make uniform the law with respect to the subject
of this chapter among states enacting it.
4975. In applying and construing this uniform act, consideration
shall be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
4976. If any provision of this chapter or its application to any
person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of this chapter which can be
given effect without the invalid provision or application, and to
this end the provisions of this chapter are severable.
4977. (a) The order described in Section 4926 shall be issued upon
application of a child, parent, guardian or other caretaker of a
child, or party, signed under penalty of perjury, setting forth facts
that demonstrate, to the satisfaction of the court, that the health,
safety, freedom of movement, or physical or emotional well-being of
the applicant or the applicant's child may be put unreasonably at
risk by the disclosure of the applicant's address or other
identifying information.
(b) A copy of the order issued pursuant to this section shall be
served on the other party to the proceeding and the district attorney
by first-class mail. The order shall include a mailing address for
service of process on the protected party. The protected party shall
be required to file with the court notice of any change of the
mailing address and a copy of the notice shall be sent to the other
party to the proceeding and the district attorney. This designated
address shall not be the address of a governmental agency unless the
agency has consented in writing to the designation.
(c) Notwithstanding any local or state rules of court, no notice
is required prior to issuance of an order pursuant to this section.
(d) An order issued pursuant to this section shall not expire
until further order of the court, issued after a hearing on a noticed
motion filed by the other party to the proceeding and served by
first-class mail on the protected party, at the mailing address
described in subdivision (b), and the district attorney.
(e) Part 4 (commencing with Section 240) of Division 2 shall not
apply to the issuance of an order pursuant to this section.
(f) The Judicial Council shall adopt forms and notices to
implement this section, that shall be available no later than July 1,
1999.
(g) Nothing in this section shall be construed to require a party
to obtain an order pursuant to this section before using a
confidential address on court pleadings except as required by Section
4925.
4978. A support enforcement agency that is providing services to a
petitioner pursuant to Section 4921 shall do all of the following:
(a) Inform the petitioner of the requirement that the pleadings
contain identifying information about the petitioner and the child,
including the residential address, unless an order of nondisclosure
is granted pursuant to Sections 4926 and 4977.
(b) Inform the petitioner of his or her right to seek an order of
nondisclosure and provide information regarding how that order may be
obtained.
(c) Inform the petitioner that the support enforcement agency
shall seek an order of nondisclosure on behalf of the petitioner if
the petitioner has previously obtained a protective or restraining
order or has been granted a good cause exception from cooperation
requirements pursuant to Section 11477.04 of the Welfare and
Institutions Code; and instruct the petitioner to notify the agency
of any such order or exception.
(d) Seek an order of nondisclosure pursuant to Sections 4926 and
4977 if the petitioner informs the agency that he or she has obtained
a protective or restraining order or has been granted a good cause
exception from cooperation requirements pursuant to Section 11477.04
of the Welfare and Institutions Code.
5000. (a) When a petition or comparable pleading pursuant to this
chapter is filed in a court of this state, the local child support
agency or petitioner may either (1) request the issuance of a summons
or (2) request the court to issue an order requiring the respondent
to appear personally at a specified time and place to show cause why
an order should not be issued as prayed in the petition or comparable
pleading on file.
(b) If a summons is issued for a petition or comparable pleading
pursuant to this chapter, the local child support agency or
petitioner shall cause a copy of the summons, petition, and other
documents to be served upon the respondent according to law.
(c) If an order to show cause is issued on a petition or
comparable pleading pursuant to this chapter requiring the respondent
to appear at a specified time and place to respond to the petition,
a copy of the order to show cause, the petition, and other documents
shall be served upon the respondent at least 15 days prior to the
hearing.
(d) A petition or comparable pleading pursuant to this chapter
served upon a respondent in accordance with this section shall be
accompanied by a blank responsive form that shall permit the
respondent to answer the petition and raise any defenses by checking
applicable boxes and by a blank income and expense declaration or
simplified financial statement together with instructions for
completion of the forms.
5001. (a) If, prior to filing, a petition or comparable pleading
pursuant to this chapter is received by the local child support
agency or the superior court and the county in which the pleadings
are received is not the appropriate jurisdiction for trial of the
action, the court or the local child support agency shall forward the
pleadings and any accompanying documents to the appropriate court of
this state or to the jurisdiction of another state without filing
the pleadings or order of the court, and shall notify the petitioner,
the California Central Registry, and the local child support agency
of the receiving county where and when the pleading was sent.
(b) If, after a petition or comparable pleading pursuant to this
chapter has been filed with the superior court of a county, it
appears that the respondent is not or is no longer a resident of the
county in which the action has been filed, upon ex parte application
by the local child support agency or petitioner, the court shall
transfer the action to the appropriate court of this state or to the
appropriate jurisdiction of another state and shall notify the
petitioner, the respondent, the California Central Registry, and the
local child support agency of the receiving county where and when the
pleading was sent.
(c) If, after entry of an order by a court of this state on an
action filed pursuant to this chapter or an order of another state
registered in a court of this state for enforcement or modification
pursuant to this chapter, it appears that the respondent is not or is
no longer a resident of the county in which the foreign order has
been registered, upon ex parte application by the local child support
agency of the transferring or receiving county or the petitioner,
the court shall transfer the registered order and all documents
subsequently filed in that action to the appropriate court of this
state and shall notify the petitioner, the respondent, the California
Central Registry, and the local child support agency of the
transferring and receiving county where and when the registered order
and all other appropriate documents were sent. Transfer of certified
copies of documents shall meet the requirements of this section.
(d) If, in an action initiated in a court of this state pursuant
to this chapter or a predecessor law for interstate enforcement of
support, the petitioner is no longer a resident of the county in
which the action has been filed, upon ex parte application by the
petitioner or the local child support agency, the court shall
transfer the action to the appropriate court of this state and shall
notify the responding jurisdiction where and when the action was
transferred.
(e) Notwithstanding subdivisions (b) and (c), above, if the
respondent becomes a resident of another county or jurisdiction after
an action or registered order under this chapter has been filed, the
action may remain in the county where the action was filed until the
action is completed.
5002. (a) In an action pursuant to this chapter prosecuted by the
local child support agency or the Attorney General that is initiated
by service of summons and petition or other comparable pleading, the
respondent may also be served with a proposed judgment consistent
with the relief sought in the petition or other comparable pleading.
If the respondent's income or income history is unknown to the local
child support agency, the local child support agency may serve a form
of proposed judgment with the petition and other documents on the
respondent that shall inform the respondent that income shall be
presumed to be the amount of the minimum wage, at 40 hours per week,
established by the Industrial Welfare Commission pursuant to Section
1182.11 of the Labor Code, unless information concerning the
respondent's income is provided to the court. The respondent shall
also receive notice that the proposed judgment will become effective
if he or she fails to file a response with the court within 30 days
after service.
(b) In any action pursuant to this chapter in which the judgment
was obtained pursuant to presumed income, as set forth in this
section, the court may set aside that part of the judgment or order
concerning the amount of child support to be paid on the grounds
specified and in the manner set forth in Section 17432.
5003. The Judicial Council shall adopt court rules implementing the
provisions of subdivision (f) of Section 4930 regarding hearings by
telephone, audiovisual means, or other electronic means on or before
July 1, 2005. Hearings by telephone, audiovisual means, or other
electronic means shall also be permitted in child support cases in
which the local child support agency is providing child support
services, but both of the parents reside in California, provided that
the hearings are conducted in accordance with the rules of court
adopted pursuant to this section.
5005. When the Attorney General is satisfied that reciprocal
provisions will be made by a foreign jurisdiction for the
establishment of support orders for obligees in California, or for
enforcement of support orders made within this state, the Attorney
General may declare the foreign jurisdiction to be a reciprocating
state for purposes of establishing and enforcing support obligations.
Any such declaration may be revoked by the Attorney General. Any
such declaration may be reviewed by the court in an action brought to
support a support order, or to enforce the order of a reciprocating
jurisdiction.
4975. This chapter shall be applied and construed to effectuate its
general purpose to make uniform the law with respect to the subject
of this chapter among states enacting it.
4975. In applying and construing this uniform act, consideration
shall be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
4976. If any provision of this chapter or its application to any
person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of this chapter which can be
given effect without the invalid provision or application, and to
this end the provisions of this chapter are severable.
4977. (a) The order described in Section 4926 shall be issued upon
application of a child, parent, guardian or other caretaker of a
child, or party, signed under penalty of perjury, setting forth facts
that demonstrate, to the satisfaction of the court, that the health,
safety, freedom of movement, or physical or emotional well-being of
the applicant or the applicant's child may be put unreasonably at
risk by the disclosure of the applicant's address or other
identifying information.
(b) A copy of the order issued pursuant to this section shall be
served on the other party to the proceeding and the district attorney
by first-class mail. The order shall include a mailing address for
service of process on the protected party. The protected party shall
be required to file with the court notice of any change of the
mailing address and a copy of the notice shall be sent to the other
party to the proceeding and the district attorney. This designated
address shall not be the address of a governmental agency unless the
agency has consented in writing to the designation.
(c) Notwithstanding any local or state rules of court, no notice
is required prior to issuance of an order pursuant to this section.
(d) An order issued pursuant to this section shall not expire
until further order of the court, issued after a hearing on a noticed
motion filed by the other party to the proceeding and served by
first-class mail on the protected party, at the mailing address
described in subdivision (b), and the district attorney.
(e) Part 4 (commencing with Section 240) of Division 2 shall not
apply to the issuance of an order pursuant to this section.
(f) The Judicial Council shall adopt forms and notices to
implement this section, that shall be available no later than July 1,
1999.
(g) Nothing in this section shall be construed to require a party
to obtain an order pursuant to this section before using a
confidential address on court pleadings except as required by Section
4925.
4978. A support enforcement agency that is providing services to a
petitioner pursuant to Section 4921 shall do all of the following:
(a) Inform the petitioner of the requirement that the pleadings
contain identifying information about the petitioner and the child,
including the residential address, unless an order of nondisclosure
is granted pursuant to Sections 4926 and 4977.
(b) Inform the petitioner of his or her right to seek an order of
nondisclosure and provide information regarding how that order may be
obtained.
(c) Inform the petitioner that the support enforcement agency
shall seek an order of nondisclosure on behalf of the petitioner if
the petitioner has previously obtained a protective or restraining
order or has been granted a good cause exception from cooperation
requirements pursuant to Section 11477.04 of the Welfare and
Institutions Code; and instruct the petitioner to notify the agency
of any such order or exception.
(d) Seek an order of nondisclosure pursuant to Sections 4926 and
4977 if the petitioner informs the agency that he or she has obtained
a protective or restraining order or has been granted a good cause
exception from cooperation requirements pursuant to Section 11477.04
of the Welfare and Institutions Code.
5000. (a) When a petition or comparable pleading pursuant to this
chapter is filed in a court of this state, the local child support
agency or petitioner may either (1) request the issuance of a summons
or (2) request the court to issue an order requiring the respondent
to appear personally at a specified time and place to show cause why
an order should not be issued as prayed in the petition or comparable
pleading on file.
(b) If a summons is issued for a petition or comparable pleading
pursuant to this chapter, the local child support agency or
petitioner shall cause a copy of the summons, petition, and other
documents to be served upon the respondent according to law.
(c) If an order to show cause is issued on a petition or
comparable pleading pursuant to this chapter requiring the respondent
to appear at a specified time and place to respond to the petition,
a copy of the order to show cause, the petition, and other documents
shall be served upon the respondent at least 15 days prior to the
hearing.
(d) A petition or comparable pleading pursuant to this chapter
served upon a respondent in accordance with this section shall be
accompanied by a blank responsive form that shall permit the
respondent to answer the petition and raise any defenses by checking
applicable boxes and by a blank income and expense declaration or
simplified financial statement together with instructions for
completion of the forms.
5001. (a) If, prior to filing, a petition or comparable pleading
pursuant to this chapter is received by the local child support
agency or the superior court and the county in which the pleadings
are received is not the appropriate jurisdiction for trial of the
action, the court or the local child support agency shall forward the
pleadings and any accompanying documents to the appropriate court of
this state or to the jurisdiction of another state without filing
the pleadings or order of the court, and shall notify the petitioner,
the California Central Registry, and the local child support agency
of the receiving county where and when the pleading was sent.
(b) If, after a petition or comparable pleading pursuant to this
chapter has been filed with the superior court of a county, it
appears that the respondent is not or is no longer a resident of the
county in which the action has been filed, upon ex parte application
by the local child support agency or petitioner, the court shall
transfer the action to the appropriate court of this state or to the
appropriate jurisdiction of another state and shall notify the
petitioner, the respondent, the California Central Registry, and the
local child support agency of the receiving county where and when the
pleading was sent.
(c) If, after entry of an order by a court of this state on an
action filed pursuant to this chapter or an order of another state
registered in a court of this state for enforcement or modification
pursuant to this chapter, it appears that the respondent is not or is
no longer a resident of the county in which the foreign order has
been registered, upon ex parte application by the local child support
agency of the transferring or receiving county or the petitioner,
the court shall transfer the registered order and all documents
subsequently filed in that action to the appropriate court of this
state and shall notify the petitioner, the respondent, the California
Central Registry, and the local child support agency of the
transferring and receiving county where and when the registered order
and all other appropriate documents were sent. Transfer of certified
copies of documents shall meet the requirements of this section.
(d) If, in an action initiated in a court of this state pursuant
to this chapter or a predecessor law for interstate enforcement of
support, the petitioner is no longer a resident of the county in
which the action has been filed, upon ex parte application by the
petitioner or the local child support agency, the court shall
transfer the action to the appropriate court of this state and shall
notify the responding jurisdiction where and when the action was
transferred.
(e) Notwithstanding subdivisions (b) and (c), above, if the
respondent becomes a resident of another county or jurisdiction after
an action or registered order under this chapter has been filed, the
action may remain in the county where the action was filed until the
action is completed.
5002. (a) In an action pursuant to this chapter prosecuted by the
local child support agency or the Attorney General that is initiated
by service of summons and petition or other comparable pleading, the
respondent may also be served with a proposed judgment consistent
with the relief sought in the petition or other comparable pleading.
If the respondent's income or income history is unknown to the local
child support agency, the local child support agency may serve a form
of proposed judgment with the petition and other documents on the
respondent that shall inform the respondent that income shall be
presumed to be the amount of the minimum wage, at 40 hours per week,
established by the Industrial Welfare Commission pursuant to Section
1182.11 of the Labor Code, unless information concerning the
respondent's income is provided to the court. The respondent shall
also receive notice that the proposed judgment will become effective
if he or she fails to file a response with the court within 30 days
after service.
(b) In any action pursuant to this chapter in which the judgment
was obtained pursuant to presumed income, as set forth in this
section, the court may set aside that part of the judgment or order
concerning the amount of child support to be paid on the grounds
specified and in the manner set forth in Section 17432.
5003. The Judicial Council shall adopt court rules implementing the
provisions of subdivision (f) of Section 4930 regarding hearings by
telephone, audiovisual means, or other electronic means on or before
July 1, 2005. Hearings by telephone, audiovisual means, or other
electronic means shall also be permitted in child support cases in
which the local child support agency is providing child support
services, but both of the parents reside in California, provided that
the hearings are conducted in accordance with the rules of court
adopted pursuant to this section.
5005. When the Attorney General is satisfied that reciprocal
provisions will be made by a foreign jurisdiction for the
establishment of support orders for obligees in California, or for
enforcement of support orders made within this state, the Attorney
General may declare the foreign jurisdiction to be a reciprocating
state for purposes of establishing and enforcing support obligations.
Any such declaration may be revoked by the Attorney General. Any
such declaration may be reviewed by the court in an action brought to
support a support order, or to enforce the order of a reciprocating
jurisdiction.
