§ 858.

ISSUANCE OF REGISTRATION CERTIFICATE PROHIBITED TO PERSON NOT IN COMPLIANCE WITH CHILD OR FAMILY SUPPORT ORDER OR JUDGMENT

a.

The following definitions shall apply to terms used in this Section:

1.

The term “compliance with a judgment or order for support” means that, as set forth in a judgment or order for child or family support, the obligor is no more than 30 calendar days in arrears in making payments in full for current support, in making periodic payments on a support arrearage, or in making periodic payments on a judgment for reimbursement of public assistance, or has obtained a judicial determination that the judgment or order is unenforceable; and

2.

The term “Department of Child Support Services” means the Department of Child Support Services of the City.

b.

The Department of Child Support Services shall maintain a list of persons included in a case being enforced under Title IV-D of the Social Security Act, as amended from time to time, or any successor statute, for whom a child or family support order or judgment has been rendered by, or registered in, a court of the State of California, and who are not in compliance with that order or judgment. The Department of Child Support Services shall submit an updated list with the names, social security numbers, and last known addresses of these persons to the Tax Collector on a monthly basis. The Department of Child Support Services shall verify that the persons listed are subject to an order or judgment for the payment of support and that these persons are not in compliance with the order or judgment.

c.

Promptly after receiving a properly completed application for a registration certificate pursuant to this Article, the Tax Collector shall determine whether the applicant is on the most recent certified list provided by the Department of Child Support Services. If the applicant is on the list, the Tax Collector shall immediately serve notice on the applicant of the Tax Collector’s intent to withhold issuance of the annual registration certificate for non-compliance with a judgment or order of support. The notice shall be made personally or by mail to the applicant’s last known mailing address on file with the Tax Collector. The notice shall:

1.

indicate that the applicant must obtain a release from the Department of Child Support Services as a condition for the issuance of an annual registration certificate;

2.

indicate that the applicant may obtain a temporary registration certificate by filing a request for review with the Department of Child Support Services, pursuant to Subsection (e) of this Section within 30 calendar days of the issuance of the Tax Collector’s notice; and

3.

include a form that the applicant may use to request a review by the Department of Child Support Services.

d.

Notwithstanding the requirements of Section 906 of this Article, the Tax Collector shall not issue a registration certificate to an otherwise qualified applicant unless and until the Tax Collector receives a release from the Department of Child Support Services, as provided in Subsection (e) of this Section. The Tax Collector shall issue a temporary registration certificate, valid for a period of 150 days, to any applicant whose name is on the certified list if the applicant is otherwise eligible for a registration certificate and if the applicant requests a review by the Department of Child Support Services within 30 calendar days of the issuance of the Tax Collector’s notice and notifies the Tax Collector of such support.

e.

If the applicant wishes to challenge the submission of his or her name on the certified list, the applicant shall submit a written request for review to the Department of Child Support Services, on the form provided by the Tax Collector, and shall notify the Tax Collector of such request. The Department of Child Support Services shall establish review procedures to allow an applicant to have the underlying arrearage and any relevant defenses investigated, to provide an applicant information on the process of obtaining a modification of a support order, or to provide an applicant assistance in the establishment of a payment schedule on arrearages if the circumstances so warrant. The Department of Child Support Services shall inform the applicant in writing of his or her findings upon completion of the review. The Department of Child Support Services shall immediately send a release to the Tax Collector and the applicant, if any of the following conditions are met:

1.

The applicant is found to be in compliance or enters an agreement with the Department of Child Support Services for a payment schedule on arrearages or reimbursement; or

2.

The applicant has obtained a judicial finding of compliance with a judgment or order of support; or

3.

The applicant has filed and served a request for judicial review pursuant to this Section, but a resolution of that review will not be made within the 150-day period of the temporary registration certificate. This paragraph shall only apply if the delay in completing the judicial review process does not result from the applicant’s failure to act in a reasonable, timely and diligent manner upon receiving the Department of Child Support Services’ notice of findings.

f.

Except as otherwise provided in this Section, the Department of Child Support Services shall not issue a release if the applicant is not in compliance with a judgment or order for support. If, upon completing a review initiated pursuant to Subsection (e) of this Section, the Department of Child Support Services finds that a release should not be issued, the Department of Child Support Services shall notify the applicant in writing that the applicant may, by filing an order to show cause or notice of motion, request any or all of the following:

1.

Judicial review of the Department of Child Support Services’ decision not to issue a release; or

2.

A judicial determination of compliance; or

3.

A modification of the support judgment or order.

The notice of findings of the Department of Child Support Services shall contain the name and address of the court in which the applicant shall file the order to show cause or notice of motion and inform the applicant that his or her name shall remain on the list prepared by the Department of Child Support Services pursuant to this Section if the applicant does not timely request judicial review. The applicant shall comply with all statutes and rules of court regarding orders to show cause and motions.

g.

The request for judicial review shall be served by the applicant upon the Department of Child Support Services within seven calendar days of the filing of the petition, notice of motion or order to show cause. If the judicial review results in a finding by the court that the obligor is in compliance with the judgment or order for support, the Department of Child Support Services shall immediately send a release in accordance with Subsection (e) of this Section to the Tax Collector.

h.

If the Tax Collector does not receive a release from the Department of Child Support Services upon expiration of the applicant’s temporary registration certificate, the Tax Collector shall refer the case to the Department of Child Support Services.

i.

The Tax Collector and the Department of Child Support Services shall enter into a cooperative agreement to provide for the receipt by the Tax Collector of federal funds to cover that portion of costs incurred by the Tax Collector in implementing this Section which are reimbursable according to federal law and regulation.

j.

In the event that a registration certificate is denied pursuant to this Section, the Tax Collector may retain a portion of the registration fee in an amount not to exceed the City’s cost in processing the registration application.

History

(Added by Ord. 63-01, File No. 010274, App. 4/25/2001)

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