California Family Code 4630 – (a) Upon an obligor-parent’s failure, within the time specified …
(a) Upon an obligor-parent’s failure, within the time specified by the court, to make reasonable efforts to cure the default in child support payments or to comply with a court-approved payment plan, if payments continue in arrears, the deposit holder shall, not less than 25 days after providing the obligor-parent or parents with a written notice served personally or with return receipt requested, unless a motion or order to show cause has been filed to stop the use or sale, use the money or sell or otherwise process the deposited assets for an amount sufficient to pay the arrearage and the amount ordered by the court for the support currently due for the child for whom support may be ordered.
(b) Assets deposited pursuant to an order issued under Article 2 (commencing with Section 4610) shall be construed as being assets subject to levy pursuant to Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. The sale of assets shall be conducted in accordance with Article 6 (commencing with Section 701.510) and Article 7 (commencing with Section 701.810) of Chapter 3 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure.
Terms Used In California Family Code 4630
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Deposit holder: as used in this chapter means the district attorney, county officer, or trustee designated by the court to receive assets deposited pursuant to this chapter to secure future support payments. See California Family Code 4601
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- 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
(c) The deposit holder may deduct from the deposited money the sum of one dollar ($1) for each payment made pursuant to this section.
(Amended by Stats. 1993, Ch. 219, Sec. 147. Effective January 1, 1994.)