California Family Code

§ 17416

FAM § 17416 Effective Jan 1, 2020Div. 17 · Ch. 2 · Art. 1

Statute text

(a)When the local child support agency has undertaken enforcement of support, the local child support agency may enter into an agreement with the noncustodial parent, on behalf of a minor child or children, a spouse, or former spouse for the entry of a judgment without action determining paternity, if applicable, and for periodic child and spousal support payments based on the noncustodial parent’s reasonable ability to pay or, if for spousal support, an amount previously ordered by a court of competent jurisdiction. An agreement for entry of a judgment under this section may be executed prior to the birth of the child and may include a provision that the judgment is not to be entered until after the birth of the child.

(b)A judgment based on the agreement shall be entered only if one of the following requirements is satisfied:

(1)The noncustodial parent is represented by legal counsel and the attorney signs a certificate stating: “I have examined the proposed judgment and have advised my client concerning their rights in connection with this matter and the consequences of signing or not signing the agreement for the entry of the judgment and my client, after being so advised, has agreed to the entry of the judgment.”

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Legislative history

Amended by Stats. 2019, Ch. 115, Sec. 149. (AB 1817) Effective January 1, 2020.