Family 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.

Source: Section 4612, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=FAM§ionNum=4612.­ (accessed Jun. 2, 2025).

Last Updated

May 12, 2025

§ 4612’s source at ca​.gov