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.

divorce

Ask a divorce law question, get an answer ASAP!
Thousands of highly rated, verified divorce lawyers.
Specialties include: Family Law, Custody, Divorce, Child Support, Child Protection, Alimony, and more.
Click here to chat with a lawyer about your rights.

Terms Used In California Family Code 4612

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150

(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.

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

  Previous section
Next section  
 Article 2 Contents