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California Law (Last Updated: March 4, 2014) |
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Family Code - FAM |
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Division 9. SUPPORT |
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Part 5. ENFORCEMENT OF SUPPORT ORDERS |
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Chapter 3. Deposit of Assets to Secure Future Child Support Payments |
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ARTICLE 2. Order for Deposit of Assets |
Section 4612.
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An obligor-parent alleged to be in arrears may use any of the following grounds as a defense to the motion filed pursuant to this article or as a basis for filing a motion to stop a sale or use of assets under Section 4631:
(a) Child support payments are not in arrears.
(b) Laches.
(c) There has been a change in the custody of the children.
(d) There is a pending motion for reduction in support due to a reduction in income.
(e) Illness or disability.
(f) Unemployment.
(g) Serious adverse impact on the immediate family of the obligor-parent residing with the obligor-parent that outweighs the impact of denial of the motion or stopping the sale on obligee.
(h) Serious impairment of the ability of the obligor-parent to generate income.
(i) Other emergency conditions.