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HomeFamily CodeDiv. 6Pt. 1Ch. 6Art. 2§ 2073 Plan Order Stay Requirements

§ 2073 Plan Order Stay Requirements

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2073 Plan Order Stay Requirements

This law says that if a court makes a decision about someone's benefits from a work plan (like retirement money), the plan gets 30 days to check it out before anything happens. If the plan doesn't like it, they can ask the court to change it.

Key Takeaways

  • •If a court decides something about your work benefits, the plan gets 30 days to check it.
  • •The plan can ask for more time (up to 60 days) if they need it.
  • •If the plan doesn't like the decision, they can ask the court to change it, and nothing happens until the court decides.
  • •Either person in the case can ask the court to pause other parts of the decision until the plan's problem is fixed.

Example

A couple gets divorced, and the court says one person gets half of the other's retirement money from their job.

The retirement plan gets 30 days to look at the court's decision. If they think it's wrong, they can ask the court to change it, and nothing happens until the court decides.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2073 Plan Order Stay Requirements

(a) Subject to subdivisions (b) and (c), the provisions of an order entered by stipulation of the parties or entered at or as a result of a hearing not attended by the employee benefit plan (whether or not the plan received notice of the hearing) which affect the plan or which affect any interest either the petitioner or respondent may have or claim under the plan, shall be stayed until 30 days after the order has been served upon the plan. (b) The plan may waive all or any portion of the 30-day period under subdivision (a). (c) If within the 30-day period, the plan files in the proceeding a motion to set aside or modify those provisions of the order affecting it, those provisions shall be stayed until the court has resolved the motion. (d) The duration of the stay described in subdivision (a), and the time period for filing the motion to set aside or modify provisions of the order, shall be extended to 60 days if the plan files with the court and serves on all affected parties a request for extension within the 30-day period. (e) Either spousal party may seek an order staying any other provisions of the order and associated orders or judgments related to or affected by the provisions to which the plan has objected, until the court has resolved the motion, in order to protect the right of the party to seek relief under subdivision (c) of Section 2074. (Amended by Stats. 1994, Ch. 1269, Sec. 22. Effective January 1, 1995.)

Last verified: January 9, 2026

Key Terms

employee benefit planstaymotion to set aside or modify30-day period6

Related Statutes

  • § 2070 Employee Benefit Plan Proceedings
  • § 2071 Employee Benefit Plan Notice
  • § 2072 Plan Hearing Participation Rights
  • § 2074 Employee Benefit Plan Modification
  • § 2060 Joining Employee Benefit Plans

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 2073.
View Official Source