Cal. Code Regs. Tit. 22, § 116132 - Satisfaction of Judgment/Substitution of Payee

(a) Upon satisfaction of a support obligation, a local child support agency shall within the time frames established in subsections (c) through (d) file a full satisfaction of judgment, or a matured installment satisfaction by doing both of the following:

(1) File an acknowledgment of satisfaction of judgment with the court.

(2) Provide the obligor with an acknowledgement of satisfaction of judgment that can be recorded in any county in which an abstract of support judgment, or certified copy of the judgment was filed.

(b) For all cases enforced by a local child support agency pursuant to Title IV-D of the Social Security Act, a local child support agency shall take one of the following actions as specified in subsections (c) through (e), as appropriate to the case.

(c) Prior to case closure, a local child support agency shall prepare and file a full satisfaction of judgment in the following circumstances:

(1) In those cases where the local child support agency recorded a certified copy of the judgment or order for support, an abstract of support judgment, or an Abstract of Support Judgment CA 8580 (7/1/03) only when all of the support arrears have been paid in full and all of the children subject to the support order have emancipated as specified in Section 110248.

(2) In any other situation where the local child support agency determines it would be appropriate to record a full satisfaction of judgment.

(d) Upon request of a representative of a title and/or escrow company or the obligor or the custodial party, the local child support agency shall prepare a matured installment satisfaction of judgment for signature by a representative of the local child support agency only when all of the support arrears have been paid in full and some or all of the children subject to the support order have not reached the age of emancipation as specified in Section 110248.

(e) The local child support agency shall prepare a substitution of payee in the following circumstances:

(1) The non-public assistance custodial party has requested that the local child support agency close the case, the custodial party has given permission to the local child support agency to disclose a mailing address to the obligor for payments, and unassigned current support and/or unassigned arrears are due to the custodial party. The local child support agency shall specify on a notice regarding payment of support, that payments for current support and unassigned arrears shall be paid to the custodial party and, if any assigned arrears remain unpaid and due to the county, that payments for assigned arrears shall be paid to the local child support agency. The assigned arrears portion of the case shall remain open until such time as the case qualifies for case closure as specified in Chapter 8.

(2) The local child support agency has determined all of the support arrears for which the local child support agency provided enforcement services have been paid in full, and the custodial party alleges that other support arrears are still due the custodial party and the custodial party has given permission to the local child support agency to disclose a mailing address to the obligor for payments.

(3) The local child support agency has transferred its case to another local child support agency in California for Title IV-D services. In this situation, the transferring local child support agency shall complete and file a notice regarding payment of support and specify that payments for current support and arrearages shall be paid to the address of the local child support agency to which the case was transferred. A notice regarding payment of support shall be completed and filed with the court prior to case closure by the transferring county.

(4) In any other situation where the local child support agency determines it would be appropriate to record a substitution of payee.

Notes

Cal. Code Regs. Tit. 22, § 116132

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 and 17310, Family Code. Reference: Sections 724.010, 724.030, 724.040, 724.060 and 724.250, Code of Civil Procedure; Sections 4201 and 4204, Family Code; and 45 Code of Federal Regulations, Section 302.70.

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).