Article 3 - Application to Reduce or Eliminate Deposit

Sections (3)

Amended by Stats. 2007, Ch. 441, Sec. 1. Effective January 1, 2008.

(a)Before entry of a child support order pursuant to Section 4560, the court shall give the child support obligor reasonable notice and opportunity to file an application to reduce or eliminate the child support security deposit on either of the following grounds:

(1)The obligor has provided adequate alternative equivalent security to assure timely payment of the amount required by Section 4560.

(2)The obligor is unable, without undue financial hardship, to pay the support deposit required by Section 4560.

(b)The application shall be supported by all reasonable and necessary financial and other information required by the court to establish the existence of either ground for relief.

(c)After the filing of an application, the child support obligor shall also serve the application and supporting financial and other information submitted pursuant to subdivision (b) upon the child support obligee and any other party to the proceeding.

§ 4566

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

Upon the filing of an application under Section 4565 with the court and the service of the application upon the child support obligee and any other party to the proceedings, the court shall provide notice and opportunity for any party opposing the application to file responsive financial and other information setting forth the factual and legal bases for the party’s opposition.

§ 4567

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

The court shall then provide an opportunity for hearing, and shall thereafter enter its order exercising its discretion under all the facts and circumstances as disclosed in the admissible evidence before it so as to maximize the payment and deposit of the amount required by Section 4560, or an equivalent adequate security for the payment thereof, without imposition of undue financial hardship on the support obligor. If the court finds that the deposit of the amount required by Section 4560 would impose an undue financial hardship upon the child support obligor, the court shall reduce this amount to an amount that the child support obligor can pay as the child support security deposit without undue financial hardship.