SECTIONS 70670-70678 - California Statutes

GOVERNMENT CODE

SECTION 70670-70678

70670. (a) The uniform fee for filing the first paper in a
proceeding under the Family Code, other than a proceeding for
dissolution of marriage or domestic partnership, legal separation, or
nullity, is three hundred fifty-five dollars ($355). The fee shall
be distributed as provided in Section 68085.3.
(b) The uniform fee for filing the first paper in a proceeding for
dissolution of marriage or domestic partnership, legal separation,
or nullity, is three hundred fifty-five dollars ($355). The fee shall
be distributed as provided in Section 68085.3, except that two
dollars ($2) of the funds that would otherwise be distributed to the
Trial Court Trust Fund shall be transmitted to the Treasurer for
deposit in the Health Statistics Special Fund.
(c) The uniform fee for filing the first paper in a proceeding
under subdivision (a) on behalf of any respondent, defendant,
intervenor, or adverse party, whether separately or jointly, is three
hundred fifty-five dollars ($355). The fee shall be distributed as
provided in Section 68085.3.
(d) The uniform fee for filing the first paper in a proceeding
under subdivision (b) on behalf of any respondent, defendant,
intervenor, or adverse party, whether separately or jointly, is three
hundred fifty-five dollars ($355). The fee shall be distributed as
provided in Section 68085.3.
(e) The fees in this section do not apply to papers filed for the
purpose of making a disclaimer.

70671. As used in subdivision (c) or (d) of Section 70670, the term
"paper" does not include any of the following:
(a) The declaration of a spouse or domestic partner filed in an
order to show cause proceeding.
(b) A settlement agreement or a stipulation for judgment that is
signed by a defaulted respondent and intended for incorporation in a
proposed decree of dissolution of marriage or domestic partnership.
(c) A stipulation regarding the date of termination of the marital
or domestic partnership status if the court has retained
jurisdiction over that date.
(d) A document relating to a stipulated postjudgment modification
of child support.
(e) A stipulation to modify a settlement agreement that was signed
by a defaulted respondent and incorporated in a decree of
dissolution if the stipulation is presented by the petitioner.
(f) A request for an order to prevent domestic violence or a
responsive declaration to that request.

70672. Notwithstanding any other provision of law, no fee shall be
charged to file a first paper or any subsequent pleading or document
on issues relating to parentage or support in a case in which a Title
IV-D child support agency is providing services under Section 17400
of the Family Code.

70673. Notwithstanding any other provision of law, no fee shall be
charged to file a respondent's appearance, stipulation if any, and
waiver of rights in the action under the Service members Civil Relief
Act (50 U.S.C. App. Secs. 501 to 596, inclusive) in an action for
dissolution of marriage or domestic partnership, legal separation, or
nullity, or to establish parentage, in any case wherein the
respondent is a member of the armed forces of the United States and
does not contest the action for dissolution of marriage or domestic
partnership, legal separation, or nullity, or to establish parentage.

70674. (a) Except as provided by Section 6103.9, and
notwithstanding the fee authorized by paragraph (4) of subdivision
(a) of Section 70626, a fee of ten dollars ($10) shall be paid by a
public agency applicant for a certified copy of a marriage or
domestic partnership dissolution record that the agency is required
to obtain in the ordinary course of business. A fee of fifteen
dollars ($15) shall be paid by any other applicant for a certified
copy of a marriage or domestic partnership dissolution record. Five
dollars ($5) of any fifteen dollar ($15) fee shall be transmitted
monthly to the state for deposit into the Family Law Trust Fund as
provided by Section 1852 of the Family Code. The remainder of the
fees collected under this section shall be deposited into the Trial
Court Trust Fund.
(b) As used in this section, "marriage or domestic partnership
dissolution record" means the judgment.

70676. No fee shall be charged to an indigent petitioner for
certified copies of any order issued pursuant to any of the
following:
(a) Article 2 (commencing with Section 2045), Article 3
(commencing with Section 2047), or Article 4 (commencing with Section
2049) of Chapter 4 of Part 1 of Division 6 of the Family Code.
(b) Division 10 (commencing with Section 6200) of the Family Code.
(c) Article 2 (commencing with Section 7710), Article 3
(commencing with Section 7720), or Article 4 (commencing with Section
7730) of Chapter 6 of Part 3 of Division 12 of the Family Code.

70677. (a) The uniform fee for filing any motion, application,
order to show cause, or any other paper requiring a hearing
subsequent to the first paper is forty dollars ($40). Papers for
which this fee shall be charged include the following:
(1) Papers listed in subdivision (a) of Section 70617.
(2) An order to show cause or notice of motion seeking temporary
prejudgment or postjudgment orders, including, but not limited to,
orders to establish, modify, or enforce child, spousal, or partner
support, custody and visitation of children, division and control of
property, attorney's fees, and bifurcation of issues.
(b) There shall be no fee under subdivision (a) of this section
for filing any of the following:
(1) A motion, motion to quash proceeding, application, or demurrer
that is the first paper filed in an action and on which a first
paper filing fee is paid.
(2) An amended notice of motion or amended order to show cause.
(3) A statement to register foreign support under Section 4951 of
the Family Code.
(4) An application to determine the judgment after entry of
default.
(5) A request for an order to prevent domestic violence.
(6) A paper requiring a hearing on a petition for writ of review,
mandate, or prohibition that is the first paper filed in an action
and on which a first paper filing fee has been paid.
(7) A stipulation that does not require an order.
(c) The uniform fee for filing the following papers not requiring
a hearing is twenty dollars ($20):
(1) A request, application, or motion for the continuance of a
hearing or case management conference.
(2) A stipulation and order.
(d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required
under paragraph (1) of subdivision (a) and under subdivision (c)
apply separately to each motion or other paper filed. If an order to
show cause or notice of motion is filed as specified in paragraph (2)
of subdivision (a) combining requests for relief or opposition to
relief on more than one issue, only one filing fee shall be charged
under this section. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.

70678. In addition to the fee set forth in Section 70677, a fee of
twenty-five dollars ($25) shall be paid to the clerk of the court at
the time of filing a motion, order to show cause, or other proceeding
seeking to modify or enforce that portion of any judgment or order
entered in this state or any other state which orders or awards the
custody of a minor child or children or which specifies the rights of
any party to the proceeding to visitation of a minor child or
children. Fifteen dollars ($15) of the fee authorized in this section
shall be used exclusively to pay the costs of maintaining mediation
services provided under Chapter 11 (commencing with Section 3160) of
Part 2 of Division 8 of the Family Code, and ten dollars ($10) of the
fee shall be used exclusively to pay the costs of services provided
by the family law facilitator under Section 10005 of the Family Code.