CA Fam Code Section 4612


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.
Last Updated

Aug. 19, 2023

§ 4612’s source at ca​.gov