Article 2 - Order for Deposit of Assets

California Family Code — §§ 4610-4617

Sections (8)

Amended by Stats. 1993, Ch. 219, Sec. 145. Effective January 1, 1994.

(a)Subject to Sections 4613, 4614, and 4615, in any proceeding where the court has ordered either or both parents to pay any amount for the support of a child for whom support may be ordered, upon an order to show cause or notice of motion, application, and declaration signed under penalty of perjury by the person or county officer to whom support has been ordered to have been paid stating that the parent or parents so ordered is in arrears in payment in a sum equal to the amount of 60 days of payments, the court shall issue to the parent or parents ordered to pay support, following notice and opportunity for a hearing, an order requiring that the parent or parents deposit assets to secure future support payments 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 specified in Section 4620.

§ 4611

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

In a proceeding under this chapter, an obligor-parent shall rebut both of the following presumptions:

(a)The nonpayment of child support was willful, without good faith.

(b)The obligor had the ability to pay the support.

§ 4612

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

An obligor-parent alleged to be in arrears may use any of the following grounds as a defense to the motion filed pursuant to this article or as a basis for filing a motion to stop a sale or use of assets 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 a reduction in income.

(e)Illness or disability.

(f)Unemployment.

(g)Serious adverse impact on the immediate family of the obligor-parent residing with the obligor-parent that outweighs the impact of denial of the motion or stopping the sale on obligee.

(h)Serious impairment of the ability of the obligor-parent to generate income.

(i)Other emergency conditions.

§ 4613

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

The court shall not issue an order pursuant to this article unless the court determines that one or more of the following conditions exist:

(a)The obligor-parent is not receiving salary or wages subject to an assignment pursuant to Chapter 8 (commencing with Section 5200) and there is reason to believe that the obligor-parent has earned income from some source of employment.

(b)An assignment of a portion of salary or wages pursuant to Chapter 8 (commencing with Section 5200) would not be sufficient to meet the amount of the support obligation, for reasons other than a change of circumstances which would qualify for a reduction in the amount of child support ordered.

(c)The job history of the obligor-parent shows that an assignment of a portion of salary or wages pursuant to Chapter 8 (commencing with Section 5200), would be difficult to enforce or would not be a practical means for securing the

payment of the support obligation, due to circumstances including, but not limited to, multiple concurrent or consecutive employers.

§ 4614

Amended by Stats. 1993, Ch. 219, Sec. 146. Effective January 1, 1994.

The designation of assets subject to an order pursuant to this article shall be based upon concern for maximizing the liquidity and ready conversion into cash of the deposited asset. In all instances, the assets shall include a sum of money up to or equal in value 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 of payments for support of the child, or six thousand dollars ($6,000), whichever is less, subject to Section 703.070 of the Code of Civil Procedure.

§ 4615

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

In lieu of depositing cash or other assets as provided in Section 4614, the obligor-parent may, if approved by the court, provide a performance bond secured by real property or other assets of the obligor-parent and equal in value to one year of payments.

§ 4616

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

Upon deposit of an asset which is not readily convertible into money, the court may, after a hearing, order the sale of that asset and the deposit of the proceeds with the deposit holder. Not less than 20 days written notice of the hearing shall be served on the obligor-parent.

§ 4617

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

(a)If the asset ordered to be deposited is real property, the order shall be certified as an abstract of judgment in accordance with Section 674 of the Code of Civil Procedure.

(b)A deposit of real property is made effective by recordation of the certified abstract with the county recorder.

(c)The deposited real property and the rights, benefits, and liabilities attached to that property shall continue in the possession of the legal owner.

(d)For purposes of Section 701.545 of the Code of Civil Procedure, the date of the issuance of the order to deposit assets shall be construed as the date notice of levy on an interest in real property was served on the judgment debtor.