§ 4604 Deposit Holder Fee Recovery

This law says that if the person holding child support money spends extra money on things like selling stuff or making reports, they can ask the court to make the parent who owes child support pay those extra costs. The parent who owes support gets at least 20 days' notice before the court hearing.

Key Takeaways

•The parent who owes child support might have to pay extra costs if the deposit holder spends money on things like selling property or making reports.
•The parent will get at least 20 days' notice before the court hearing.
•The extra costs cannot be more than 5% of one year’s child support or the total amount the parent was ordered to deposit, whichever is less.

Example

A parent owes child support, and the deposit holder has to sell some property to cover the costs. They spend $500 on selling the property and making reports.

The deposit holder can ask the court to make the parent who owes child support pay that $500. The parent will get a notice and there will be a court hearing at least 20 days later.

How to Calculate

The extra fees and costs cannot be more than the smaller of these two amounts: 1) 5% of one year’s child support, or 2) The total amount the parent was ordered to deposit.

Calculate 5% of one year’s child support obligation.
Find the total amount the parent was ordered to deposit.
Compare the two amounts. The extra fees and costs cannot be more than the smaller amount.

A parent owes $12,000 in child support for one year and was ordered to deposit $5,000.

Result: 5% of $12,000 is $600. The total amount ordered deposited is $5,000. The smaller amount is $600, so the extra fees and costs cannot be more than $600.

(a) If the deposit holder incurs fees or costs under this chapter which are not compensated by the deduction under subdivision (c) of Section 4630 (including, but not limited to, fees or costs incurred in a sale of assets pursuant to this chapter and in the preparation of a statement pursuant to Section 4602), the court shall, after a hearing, order the obligor-parent to pay the reasonable fees and costs incurred by the deposit holder. The hearing shall be held not less than 20 days after the deposit holder serves notice of motion or order to show cause upon the obligor-parent. (b) Fees and costs ordered to be paid under this section shall be in addition to any deposit made under this chapter but shall not exceed whichever of the following is less: (1) Five percent of one year’s child support obligation. (2) The total amount ordered deposited under Section 4614. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Key Takeaways

•The parent who owes child support might have to pay extra costs if the deposit holder spends money on things like selling property or making reports.
•The parent will get at least 20 days' notice before the court hearing.
•The extra costs cannot be more than 5% of one year’s child support or the total amount the parent was ordered to deposit, whichever is less.

Example

A parent owes child support, and the deposit holder has to sell some property to cover the costs. They spend $500 on selling the property and making reports.

The deposit holder can ask the court to make the parent who owes child support pay that $500. The parent will get a notice and there will be a court hearing at least 20 days later.

How to Calculate

The extra fees and costs cannot be more than the smaller of these two amounts: 1) 5% of one year’s child support, or 2) The total amount the parent was ordered to deposit.

Calculate 5% of one year’s child support obligation.
Find the total amount the parent was ordered to deposit.
Compare the two amounts. The extra fees and costs cannot be more than the smaller amount.

A parent owes $12,000 in child support for one year and was ordered to deposit $5,000.

Result: 5% of $12,000 is $600. The total amount ordered deposited is $5,000. The smaller amount is $600, so the extra fees and costs cannot be more than $600.

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 4604 Deposit Holder Fee Recovery

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References