Interstate FAQ

4-Aug-97

Family codes 4900 et seq.

Yes

Australia, Austria, Bermuda, Canada, Czech Republic, Fiji, Finland, France, Germany, Hungary, Ireland, New Zealand, Norway, Poland, Republic of South Africa, Slovak Republic, Sweden, United Kingdom.

No

18 years, unless the child is still in high school; then collection continues until the child graduates or becomes 19, whichever occurs first.

Family Code 3901(a)

No

Yes, mandatory if child handicapped; otherwise, optional.

Emancipation. Paternity can be established at any time; IV-D will do this up until the age of majority.

Percent of parent's net disposable incomes, adjusted according to the percent of time that each parent has primary physical responsibility for the child.

Statutory rate of 10% per annum, interest accrues from date of entry of judgement on lump sum due, and from date installment is due if payable in installments.

No

Yes. Health insurance Coverage assignment is sent to the NCP's employer, who enrolls the child and deducts the premium amount from the NCP's check.

No

Yes, genetic test fees only.

Code of Civil Procedure (CCP) 410.10.

Establish, enforce, and modify for UIFSA cases; enforce intrastate orders if the IV-D agency is enforcing the child support order.

No

"Earnings assignment order for support"; "income withholding"; "wage withholding".

All allowable income sources are subject to garnishment.

No

$1.00 per withholding allowable.

10 days (Family Code 5233).

7 business days.

Liability for amount of support not withheld, and punishable as contempt.

Liability for amount of support not withheld, and punishable as contempt.

No

The motion to quash, or modify, must be filed with the court to request a hearing.

Regarding income withholding when the obligor has more than one claim for child support against his/her income, indicate: If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance?

Yes, although instructions for how to prorate multiple orders have been made available to California employers.

Regarding income withholding when the obligor has more than one claim for child support against his/her income, indicate: If assistance is not available, explain how employers should proceed, and provide a citation for the State law that governs how they should proceed.

When there are multiple assignment orders for the same employee, the employer is instructed to prorate the withheld payments as follows: If the NCP has more than one assignment for support, the employer adds the amount due for each assignment.

If 50% of the NCP’s net earnings cannot satisfy all of the assignments, the employer prorates first among all the current assignments, in the same portion that each assignment is to total the current support owed.

Any remainder is applied to the assignments for arrears, in the same proportion that each assignment is to the total arrears owed.

No

Paternity index of 100 or greater creates a rebuttal presumption of Paternity.

Yes

1/1/97

Yes

Conclusive presumption; however, husband may move for genetic tests within two years of the child's birth.

Yes

Yes. Putative father and child's natural mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated; before the child's birth, the putative father and natural mother attempted to marry and the child is born during the attempted marriage or within 300 days of termination of marriage or cohabitation; after the child's birth the putative father and natural mother attempted to marry, and he consented to listing his name on the birth certificate, or is obligated by a written voluntary agreement or court order to support the child; the putative father receives the child into his home and openly holds out the child as his natural child; the paternity is 100 or greater.

No

Yes

No

No

Written depositions and interrogatories accepted; generally teleconferencing and videotaping are not accepted in absence of stipulation or court approval; court may designate judge of initiating court as a person before whom a deposition may be taken.

Family Code 4905; Code of Civil Procedure 410.10.

Yes

Judicial

Net monthly disposable income for each parent.

Support is not assigned and parties stipulate to a different amount; deferred sale of home and rental value exceeds mortgage payments; homeowner’s insurance, and taxes; parent ordered to pay support has extraordinarily high income; parent is not contributing to child's needs commensurate with that parent’s custodial time; application of formula would be unjust or inappropriate due to extraordinary circumstances.

No

No

Yes. Administrative.

Indicate whether your State has license revocation/suspension for drivers, professional, occupational, and/or recreational licenses available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.

Yes. Drivers’ licenses, recreational licenses, professional or occupational licenses, Administrative.

Yes. Administrative.

Yes. Administrative.

Yes. Workers compensation; administrative. Unemployment compensation; administrative. Lottery intercept; administrative. State disability insurance; administrative.

Yes, administrative effective 7/1/99

Yes. Administrative.

Application to U.S. District Courts; Application for collection by the Secretary of the Treasury; and FTB Full Collection Program.

Civil or criminal contempt proceedings; Writs of Execution; and Lien in pending action or proceeding.

An interstate lien form, promulgated by the federal Secretary of Health and Human Services pursuant to Section 652(a) (11) of title 42 of the United States Code, must be filed with the county recorder.

Order/Notice to withhold income for Child Support; interstate liens.

Follow UIFSA sections 304 and 305.

Yes. CCP 1710.10 et seq. (Sister State Judgements) and CCP 1713 et seq. (Uniform Foreign Money Judgements Recognition Act).

In both public assistance and non-public assistance cases, a review may be requested every 3 years without showing a change in circumstances.

Upon a change in circumstances, a review must be conducted upon request

$50 or 20%, whichever is greater.

A: The earnings of the obligor have substantially increased or decreased.
B: The earnings of the obligee have substantially increased or decreased.
C: The needs of a party or the child (ren) have substantially increased or decreased.
D: The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
E: The child (ren) have extraordinary medical expenses not covered by insurance.
F: There has been a substantial change in childcare expenses.
G: Other, explain.

No

1-Jan-98