Child support: enforcement.

Existing law imposes a general obligation on both parents of a minor child to support their child in the manner suitable to the child's circumstances. Existing law establishes the statewide uniform guidelines for calculating court-ordered child support, based on the income of both parents and the time each parent spends with the child. Existing law authorizes, if a support obligor is delinquent in paying child support and the local child support agency is enforcing a support obligation, a lien for child support against the personal property of the obligor in specified circumstances. Existing law defines "support obligor is delinquent in payment of support" to mean that the support obligor has failed to make a payment equal to one month's support obligation. Existing law requires the Department of Child Support Services to administer all services and perform all functions necessary to establish, collect, and distribute child support, and requires the department and the local child support agency to promptly and effectively collect and enforce child support obligations. Existing law also authorizes the transmission, filing, and recording of a lien record by departmental and local child support agency staff against the real property of a delinquent support obligor, as specified. Existing law authorizes a child support agency to record a notice of support judgment. This bill would instead define "support obligor is delinquent in payment of support" to mean that the support obligor is over $1,000 in arrears on their support obligation or has failed to make payments equal to 3 months of their support obligation, whichever occurs first. The bill would instead authorize a child support agency to record a notice of support judgment when overdue support exceeds $1,000 or when the support obligor has failed to make payments equal to 3 months of their support obligation, whichever occurs first, regardless of whether the amounts of overdue support have been adjudicated or otherwise determined. This bill would provide that if the local child support agency is enforcing the support obligation, as specified, a lien for child support arises, by operation of law, against the real property of the support obligor when the support obligor owes overdue support over $1,000 or when the support obligor has failed to make payments equal to 3 months of their support obligation, whichever occurs first. The bill would require the department to adopt or amend regulations to implement these provisions by March 31, 2022, and would authorize the department, until regulations are adopted or revised, to implement and administer these provisions through a child support services letter or similar instruction.