Family Law: Reenactment of Family Code, Section 4007.5
This document provides details about the reenactment of Family Code section 4007.5, affecting incarcerated or involuntarily institutionalized child support obligors. It includes proposed revisions to various Judicial Council forms to comply with Assembly Bill 2325.
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How do I fill this out?
Filling out this form involves understanding new provisions for child support obligors who are incarcerated for more than 90 days. Ensure all relevant information regarding custody and institutionalization is accurately included. Consult the family law facilitator in your county if you need assistance.
How to fill out the Family Law: Reenactment of Family Code, Section 4007.5?
1
Review new provisions for incarcerated child support obligors.
2
Fill in all relevant information accurately.
3
Ensure required fields are completed.
4
Consult the family law facilitator if needed.
5
Use our PDF editor to save and download changes.
Who needs the Family Law: Reenactment of Family Code, Section 4007.5?
1
Parents required to pay child support who may be incarcerated.
2
Individuals needing to understand changes in Family Code section 4007.5.
3
Legal professionals assisting clients with child support cases.
4
Self-represented litigants seeking information on child support relief.
5
Court staff needing updated forms for child support cases.
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What are the instructions for submitting this form?
To submit this form, you can mail it to Judicial Council of California, 455 Golden Gate Avenue, San Francisco, California 94102-3688. Alternatively, contact John Henzl at john.henzl@jud.ca.gov or call 415-865-7607 for more information. Ensure all required fields are filled out correctly and attach any necessary documents before submission. It is advisable to keep a copy of the form for your records.
What are the important dates for this form in 2024 and 2025?
The forms are proposed to be effective from January 1, 2022. The relevant sections of Family Code may sunset again on January 1, 2023.
What is the purpose of this form?
The purpose of this form is to update court users and the public about the relief available to child support obligors who become incarcerated or involuntarily institutionalized for over 90 days. This update is a result of the reenactment of Family Code section 4007.5, effective January 1, 2021, which has provisions to automatically suspend child support payments under specified conditions. The form revisions aim to provide clear and accurate information to ensure compliance with current law. Including this information on the specified forms helps litigants, legal professionals, and court staff understand the temporary suspension of obligation during specific periods of confinement. Ensuring that these forms are well understood and accurately filled out contributes to a fair and efficient judicial process.
Tell me about this form and its components and fields line-by-line.
- 1. Information About Incarcerated Parents: Details regarding the automatic suspension of child support for incarcerated parents.
- 2. Exceptions: Conditions under which child support does not automatically stop.
- 3. Timing: Information on when child support payments restart.
- 4. More Info: Additional resources and contacts for further assistance.
What happens if I fail to submit this form?
Failing to submit this form could result in child support payments not being properly adjusted for incarceration or involuntary institutionalization. This may lead to incorrect arrears and potential legal complications.
- Unadjusted Child Support Payments: Payments may continue despite the obligor's inability to pay due to confinement.
- Legal Complications: Failure to update the court may result in legal challenges and increased arrears.
How do I know when to use this form?
- 1. Incarceration over 90 Days: Inform the court if the obligor is incarcerated for more than 90 consecutive days.
- 2. Involuntary Institutionalization: Update the court on the obligor's involuntary placement in a mental health facility or similar institution.
- 3. Modify Support Orders: Request modifications to child support orders based on new circumstances.
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What forms are being revised in this document?
The forms FL-192, FL-350, FL-490, FL-676, FL-676-INFO, and FL-688 are being revised.
Who needs to be aware of these form changes?
Parents paying child support, legal professionals, and court staff need to be aware.
What is the purpose of these form revisions?
To provide information regarding relief available to incarcerated or involuntarily institutionalized child support obligors.
When did the Family Code section 4007.5 become effective?
It became effective on January 1, 2021.
How can I get assistance filling out these forms?
Consult the family law facilitator in your county.
Why is the Proof of Service section removed from form FL-676?
To avoid confusion for self-represented litigants and ensure proper service of filed motions.
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