SECTIONS 5100-5104 - California Statutes

FAMILY.CODE

SECTION 5100-5104

5100. Notwithstanding Section 290, a child, family, or spousal
support order may be enforced by a writ of execution or a notice of
levy pursuant to Section 706.030 of the Code of Civil Procedure or
Section 17522 of this code without prior court approval.

5103. (a) Notwithstanding Section 2060, an order for the payment of
child, family, or spousal support may be enforced against an
employee benefit plan regardless of whether the plan has been joined
as a party to the proceeding in which the support order was obtained.
(b) Notwithstanding Section 697.710 of the Code of Civil
Procedure, an execution lien created by a levy on the judgment debtor'
s right to payment of benefits from an employee benefit plan to
enforce an order for the payment of child, family, or spousal support
continues until the date the plan has withheld and paid over to the
levying officer, as provided in Section 701.010 of the Code of Civil
Procedure, the full amount specified in the notice of levy, unless
the plan is directed to stop withholding and paying over before that
time by court order or by the levying officer.
(c) A writ of execution pursuant to which a levy is made on the
judgment debtor's right to payment of benefits from an employee
benefit plan under an order for the payment of child, family, or
spousal support shall be returned not later than one year after the
date the execution lien expires under subdivision (b).

5104. (a) The application for a writ of execution shall be
accompanied by an affidavit stating the total amount due and unpaid
that is authorized to be enforced pursuant to Sections 5100 to 5103,
inclusive, on the date of the application.
(b) If interest on the overdue installments is sought, the
affidavit shall state the total amount of the interest and the amount
of each due and unpaid installment and the date it became due.
(c) The affidavit shall be filed in the action and a copy shall be
attached to the writ of execution delivered to the levying officer.
The levying officer shall serve the copy of the affidavit on the
judgment debtor when the writ of execution is first served on the
judgment debtor pursuant to a levy under the writ.