California Family Code

§ 17404

FAM § 17404 Effective Jan 1, 2020Div. 17 · Ch. 2 · Art. 1

Statute text

(a)Notwithstanding any other statute, in any action brought by the local child support agency for the support of a minor child or children, the action may be prosecuted in the name of the county on behalf of the child, children, or a parent of the child or children. The parent who has requested or is receiving support enforcement services of the local child support agency shall not be a necessary party to the action but may be subpoenaed as a witness. Except as provided in subdivision (e), in an action under this section there shall be no joinder of actions, or coordination of actions, or cross-complaints, and the issues shall be limited strictly to the question of parentage, if applicable, and child support, including an order for medical support. A final determination of parentage may be made in any action under this section as an incident to obtaining an order for support. An action for support or parentage pursuant to this section shall not be delayed or stayed because of the pendency of any other action between the parties.

(b)(1) Judgment in an action brought pursuant to this section, and in an action brought pursuant to Section 17402, if at issue, may be rendered pursuant to a noticed motion, that shall inform the defendant that in order to exercise the right to trial, the defendant shall appear at the hearing on the motion.

(2)If the defendant appears at the hearing on the motion, the court shall inquire of the defendant if the defendant desires to subpoena evidence and witnesses, if parentage is at issue and genetic tests have not already been conducted whether the defendant desires genetic tests, and if the defendant desires a trial. If the defendant’s answer is in the affirmative, a continuance shall be granted to allow the defendant to exercise those rights. A continuance shall not postpone the hearing to more than 90 days from the date of service of the motion. If a continuance is granted, the court may make an order for temporary support without prejudice to the right of the court to make an order for temporary support as otherwise allowed by law.

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Legislative history

Amended by Stats. 2019, Ch. 115, Sec. 146. (AB 1817) Effective January 1, 2020.