§ 17404.1
411 words·~2 min read·
/ca/family-code/17404-1-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Upon receipt of a petition or comparable pleading pursuant to Part 6 (commencing with Section 5700.101) of Division 9, the local child support agency or petitioner may either
(1)request the issuance of a summons or
(2)request the court to issue an order requiring the respondent to appear personally at a specified time and place to show cause why an order should not be issued as prayed in the petition or comparable pleading on file.
(b)The respondent may also be served with a proposed judgment consistent with the relief sought in the petition or other comparable pleading. The petition or other comparable pleading shall provide notice to the obligor of the amount of child support that is being sought pursuant to the guidelines set forth in Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9 based upon the methodology for determining the obligor’s income for purposes of a simplified complaint as required by subparagraph
(A)of paragraph
(2)of subdivision
(d)of Section 17400.
(c)If the proposed judgment is based on the support obligor’s earning capacity pursuant to clause
(ii)or
(iii)of subparagraph
(A)of paragraph
(2)of subdivision
(d)of Section 17400, the local child support agency shall file a motion for judgment, as provided in subdivision
(b)of Section 17404.
(d)If a summons is issued for a petition or comparable pleading pursuant to Part 6 (commencing with Section 5700.101) of Division 9, the local child support agency or petitioner shall cause a copy of the summons, petition, and other documents to be served upon the respondent according to law.
(e)If an order to show cause is issued on a petition or comparable pleading pursuant to Part 6 (commencing with Section 5700.101) of Division 9 requiring the respondent to appear at a specified time and place to respond to the petition, a copy of the order to show cause, the petition, and other documents shall be served upon the respondent at least 15 days prior to the hearing.
(f)A petition or comparable pleading served upon a respondent in accordance with this section shall be accompanied by a blank responsive form that shall permit the respondent to answer the petition and raise any defenses by checking applicable boxes and by a blank income and expense declaration or simplified financial statement together with instructions for completion of the forms.
(g)This section shall become operative January 1, 2026.