California Code of Regulations
Title 22 - Social Security
Division 13 - Department of Child Support Services
Chapter 6 - Enforcement Actions
Subchapter 6.1 - Immediate Enforcement Actions
Article 1 - Income Withholding Orders
Section 116104 - Stay of Service of an Income Withholding Order

Universal Citation: 22 CA Code of Regs 116104

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) If a court previously ordered that service of an income withholding order be stayed, and the order requires further application to the court to lift the stay, a local child support agency shall make application to the court to terminate the stay within 10 days of any of the following:

(1) An obligor no longer meets the requirements specified in Section 5260, Family Code, for staying an income withholding order for good cause.

(2) An obligor requests termination of the stay.

(3) An obligor has failed to make a payment of support within 30 days of the due date.

(4) The date on which the custodial party requests that withholding begin.

(b) A local child support agency shall make application to the court for a lift of stay by filing with the court a declaration, signed under penalty of perjury by the obligee, that the obligor has failed to make timely support payments, within 30 days.

(c) A local child support agency shall be present at any court proceeding of which the local child support agency has received notice that the issue of a stay of service of an income withholding order is properly before the court.

(d) Upon termination of a stay of service, a local child support agency shall serve an income withholding order on the obligor's employer as specified in Section 116100.

1. New section filed 10-21-2002 as an emergency; operative 10-21-2002 (Register 2002, No. 43). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 4-21-2003 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-3-2003 as an emergency; operative 4-21-2003 (Register 2003, No. 14). Pursuant to Family Code section 17306(e), a Certificate of Compliance must be transmitted to OAL by 10-20-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-3-2003 order filed 10-17-2003; Certificate of Compliance withdrawn 12-1-2003 and repealer of section by operation of Government Code section 11346.1 (Register 2004, No. 19).
4. New section filed 5-4-2004; operative 5-4-2004 by operation of Government Code section 11343.4 (Register 2004, No. 19).

Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Sections 5260 and 5261, Family Code; and 45 CFR Section 303.100.

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