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2014 California Rules of Court

Rule 5.375. Procedure for a support obligor to file a motion regarding mistaken identity

(a) Purpose

This rule applies to a support obligor who claims that support enforcement actions have erroneously been taken against him or her by the local child support agency because of a mistake in the support obligor's identity. This rule sets forth the procedure for filing a motion in superior court to establish the mistaken identity under Family Code section 17530 after the support obligor has filed a claim of mistaken identity with the local child support agency and the claim has been denied.

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

(b) Procedure for filing motion in superior court

The support obligor's motion in superior court to establish mistaken identity must be filed on Request for Order (form FL-300) with appropriate attachments. The support obligor must also file as exhibits to the request for order a copy of the claim of mistaken identity that he or she filed with the local child support agency and a copy of the local child support agency's denial of the claim.

(Subd (b) amended effective January 1, 2013; previously amended effective January 1, 2003, and January 1, 2007.)

Rule 5.375 amended effective January 1, 2013; adopted as rule 1280.15 effective January 1, 2001; previously amended and renumbered effective January 1, 2003; previously amended effective January 1, 2007.

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