AB 1643: Child support.

Existing federal law, Title IV-D of the Social Security Act, requires the state to establish a single state entity to administer the Title IV-D state plan for securing child support. Existing law designates the Department of Child Support Services as the state entity to administer laws and regulations related to child support enforcement obligations. Existing law requires that each county maintain a local child support agency that has numerous responsibilities relating to the establishment, modification, and enforcement of child support obligations.

Existing law authorizes the court, in any proceeding in which the court makes or has made a child support order, to direct that child support payments be made to a designated county officer or State Disbursement Unit, as specified, or to direct the local child support agency to appear on behalf of the minor children to enforce the order, or both. Existing law also requires a judgment for paternity and an order for child support entered or modified pursuant to any law to include a provision requiring the child support obligor and obligee to file with the court, within 10 days of the court order, and the child support registry specified personal information, including their residential and mailing address and social security number, and requires the Judicial Council to develop forms for this purpose.

This bill would instead require a child support obligor and obligee to submit that specified personal information prior to filing the proposed judgment or order and to submit the information via a confidential electronic portal. The bill would require the Department of Child Support Services to establish a confidential electronic portal for that purpose, and would require the portal to include information to inform the child support obligor and obligee about child support services authorized pursuant to Title IV-D of the Social Security Act, as specified. The bill would require that all child support payments be directed to the State Disbursement Unit, and would authorize the court to direct the local child support agency to appear on behalf of the minor children to enforce the order. The bill would also require the court to require every child support obligee to submit the previously described personal information, and would deem the submittal of that personal information to be an application for child support services authorized under Title IV-D of the federal Social Security Act. that every court order for payment of child support be deemed to be an application for child support enforcement services authorized pursuant to Title IV-D of the Social Security Act, and would require the court to transmit a copy of the child support order and the contact information of the support obligor and support obligee to the local child support agency, as specified. The bill would authorize a support obligee to decline to receive or opt out of receiving the child support services described above unless otherwise required to receive those services under state or federal law. The bill would require the Judicial Council to adopt or modify forms to implement these provisions. To the extent these provisions increase the duties of local child support agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.