SECTIONS 5260-5261 - California Statutes

FAMILY.CODE

SECTION 5260-5261

5260. (a) The court may order that service of the assignment order
be stayed only if the court makes a finding of good cause or if an
alternative arrangement exists for payment in accordance with
paragraph (2) of subdivision (b). Notwithstanding any other provision
of law, service of wage assignments issued for foreign orders for
support, and service of foreign orders for the assignment of wages
registered pursuant to Article 6 (commencing with Section 4950) of
Chapter 6 shall not be stayed pursuant to this subdivision.
(b) For purposes of this section, good cause or an alternative
arrangement for staying an assignment order is as follows:
(1) Good cause for staying a wage assignment exists only when all
of the following conditions exist:
(A) The court provides a written explanation of why the stay of
the wage assignment would be in the best interests of the child.
(B) The obligor has a history of uninterrupted, full, and timely
payment, other than through a wage assignment or other mandatory
process of previously ordered support, during the previous 12 months.
(C) The obligor does not owe an arrearage for prior support.
(D) The obligor proves, and the court finds, by clear and
convincing evidence that service of the wage assignment would cause
extraordinary hardship upon the obligor. Whenever possible, the court
shall specify a date that any stay ordered under this section will
automatically terminate.
(2) An alternative arrangement for staying a wage assignment order
shall require a written agreement between the parties that provides
for payment of the support obligation as ordered other than through
the immediate service of a wage assignment. Any agreement between the
parties which includes the staying of a service of a wage assignment
shall include the concurrence of the local child support agency in
any case in which support is ordered to be paid through a county
officer designated for that purpose. The execution of an agreement
pursuant to this paragraph shall not preclude a party from thereafter
seeking a wage assignment in accordance with the procedures
specified in Section 5261 upon violation of the agreement.

5261. (a) If service of the assignment order has been ordered
stayed, the stay shall terminate pursuant to subdivision (b) upon the
obligor's failure to make timely support payments or earlier by
court order if requested by the local child support agency or by the
obligor. The stay shall terminate earlier by court order if requested
by any other obligee who can establish that good cause, as defined
in Section 5260, no longer exists.
(b) To terminate a stay of the service of the assignment order,
the obligee shall file a declaration signed under penalty of perjury
by the obligee that the obligor is in arrears in payment of any
portion of the support. At the time of filing the declaration, the
stay shall terminate by operation of law without notice to the
obligor.
(c) In addition to any other penalty provided by law, the filing
of a declaration under subdivision (b) with knowledge of the falsity
of its contents is punishable as a contempt pursuant to Section 1209
of the Code of Civil Procedure.