SECTIONS 695.210-695.221 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 695.210-695.221

695.210. The amount required to satisfy a money judgment is the
total amount of the judgment as entered or renewed with the following
additions and subtractions:
(a) The addition of costs added to the judgment pursuant to
Section 685.090.
(b) The addition of interest added to the judgment as it accrues
pursuant to Sections 685.010 to 685.030, inclusive.
(c) The subtraction of the amount of any partial satisfactions of
the judgment.
(d) The subtraction of the amount of any portion of the judgment
that is no longer enforceable.

695.211. (a) Every money judgment or order for child support shall
provide notice that interest on arrearages accrues at the legal rate.
(b) The notice provisions required by this section shall be
incorporated in the appropriate Judicial Council forms.
(c) Upon implementation of the California Child Support Automation
System prescribed in Chapter 4 (commencing with Section 10080) of
Part 1 of Division 9 of the Welfare and Institutions Code and
certification of the California Child Support Automation System by
the United States Department of Health and Human Services, whenever a
statement of account is issued by the local child support agency in
any child support action, the statement shall include a statement of
an amount of current support, arrears, and interest due.

695.220. Money received in satisfaction of a money judgment, except
a money judgment for support, is to be credited as follows:
(a) The money is first to be credited against the amounts
described in subdivision (b) of Section 685.050 that are collected by
the levying officer.
(b) Any remaining money is next to be credited against any fee due
the court pursuant to Section 6103.5 or 68511.3 of the Government
Code, which are to be remitted to the court by the levying officer.
(c) Any remaining money is next to be credited against the accrued
interest that remains unsatisfied.
(d) Any remaining money is to be credited against the principal
amount of the judgment remaining unsatisfied. If the judgment is
payable in installments, the remaining money is to be credited
against the matured installments in the order in which they matured.

695.221. Satisfaction of a money judgment for support shall be
credited as follows:
(a) The money shall first be credited against the current month's
support.
(b) Any remaining money shall next be credited against the
principal amount of the judgment remaining unsatisfied. If the
judgment is payable in installments, the remaining money shall be
credited against the matured installments in the order in which they
matured.
(c) Any remaining money shall be credited against the accrued
interest that remains unsatisfied.
(d) In cases enforced pursuant to Part D (commencing with Section
651) of Subchapter 4 of Chapter 7 of Title 42 of the United States
Code, if a lump-sum payment is collected from a support obligor who
has money judgments for support owing to more than one family, after
the implementation of the California Child Support Automation System
(CCSAS), all support collected shall be distributed pursuant to
guidelines developed by the State Department of Child Support
Services.
(e) Notwithstanding subdivisions (a), (b), and (c), a collection
received as a result of a federal tax refund offset shall first be
credited against the principal amount of past due support that has
been assigned to the state pursuant to Section 11477 of the Welfare
and Institutions Code and federal law and then any interest due on
that past due support, prior to the principal amount of any other
past due support remaining unsatisfied and then any interest due on
that past due support.
(f) If federal law does not permit states to adopt the same order
of distribution for the pre- and post-assistance child support
arrears effective October 1, 1998, the following shall be the order
of distribution of child support collections through September 30,
2000, except for federal tax refund offset collections, for child
support received for families and children who are former recipients
of Aid to Families with Dependent Children (AFDC) program benefits or
former recipients of Temporary Assistance for Needy Families (TANF)
program benefits:
(1) The money shall first be credited against the current month's
support.
(2) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children since
leaving the AFDC program or the TANF program and then the arrearages.
(3) Any remaining money shall next be credited against interest
that accrued on arrearages owed during the time the family or
children received benefits under the AFDC program or the TANF program
and then the arrearages.
(4) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children prior to
receiving benefits from the AFDC program or the TANF program and then
the arrearages.
(g) If federal law does permit states to adopt the same order of
distribution for the pre- and post-assistance child support arrears
effective October 1, 1998, or effective October 1, 2000, whichever
comes first, the following shall be the order of distribution of
child support collections, except for federal tax refund offset
collections, for child support received for families and children who
are former recipients of AFDC program benefits or former recipients
of TANF program benefits:
(1) The money shall first be credited against the current month's
support.
(2) Any remaining money shall next be credited against the
principal amount of the arrearages owed to the family or children
since leaving the AFDC program or the TANF program and then the
interest that accrued on those arrearages.
(3) Any remaining money shall next be credited against the
principal amount of the arrearages owed to the family or children
prior to receiving benefits from the AFDC program or the TANF program
and then the interest that accrued on those arrearages.
(4) Any remaining money shall next be credited against the
principal amount of the arrearages owed during the time the family or
children received benefits under the AFDC program or the TANF
program and then the interest that accrued on those arrearages.
(h) This section shall become operative on January 1, 2009.