File #: 19-217    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 8/9/2019 In control: Judicial Council
On agenda: 9/24/2019 Final action: 9/24/2019
Title: Rules and Forms | Family Law: Duty of Judge Hearing Matter Under Family Code Sections 4521(a) and 4252(b)(7) (Action Required)
Attachments: 1. 20190924-19-217

Title

Title

Rules and Forms | Family Law: Duty of Judge Hearing Matter Under Family Code Sections 4521(a) and 4252(b)(7) (Action Required)

 

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Summary

Summary

The Family and Juvenile Law Advisory Committee proposes amending the rule governing the circumstances under which a judge may hear a title IV-D matter when exceptional circumstances prevent a child support commissioner from doing so. By removing the requirement that a judge must make an “interim” order with a follow-up hearing set in front of a commissioner, costs currently incurred by the courts, parties, and local child support agencies resulting from the second hearing would be eliminated.

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Recommendation

Recommendation

The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2020, amend California Rules of Court, rule 5.305(b) to more clearly define the roles of the judge and the court at the hearing, as authorized in Family Code sections 4521(a), 4252(b)(7).