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2014 California Rules of Court

Rule 5.335. Procedures for hearings on interstate income withholding orders

(a) Purpose

This rule provides a procedure for a hearing under Family Code section 4945 in response to an income withholding order.

(Subd (a) amended effective January 1, 2003.)

(b) Filing of request for hearing

A support obligor may contest the validity or enforcement of an income withholding order by filing a completed request for hearing. A copy of the income withholding order must be attached.

(c) Filing fee

The court must not require a filing fee to file the request for hearing under this rule.

(Subd (c) amended effective January 1, 2003.)

(d) Creation of court file

Upon receipt of the completed request for hearing and a copy of the income withholding order, the clerk must assign a case number and schedule a court date. The court date must be no earlier than 30 days from the date of filing and no later than 45 days from the date of filing.

(Subd (d) amended effective January 1, 2003.)

(e) Notice of hearing

The support obligor must provide the clerk with envelopes addressed to the obligor, the support enforcement agency that sent the income withholding order, and the obligor's employer. The support obligor must also provide an envelope addressed to the person or agency designated to receive the support payments if that person or agency is different than the support enforcement agency that sent the income withholding order. The support obligor must provide sufficient postage to mail each envelope provided. Upon scheduling the hearing, the clerk must mail a copy of the request for hearing in each envelope provided by the support obligor.

(Subd (e) amended effective January 1, 2007; previously amended effective January 1, 2003.)

(f) Use of court file in subsequent proceedings

Any subsequent proceedings filed in the same court that involve the same parties and are filed under the Uniform Interstate Family Support Act (UIFSA) must use the file number created under this rule.

(Subd (f) amended effective January 1, 2007; previously amended effective January 1, 2003.)

(g) Definitions

As used in this rule:

(1)An "income withholding order" is the Order/Notice to Withhold Income for Child Support (form FL-195) issued by a child support enforcement agency in another state; and

(2)A "request for hearing" is the Request for Hearing Regarding Wage and Earnings Assignment (Family Law-Governmental-UIFSA) (form FL-450).

(Subd (g) amended effective January 1, 2007; previously amended effective January 1, 2003.)

Rule 5.335 amended effective January 1, 2007; adopted as rule 1280.7 effective July 1, 1999; previously amended and renumbered effective January 1, 2003.

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