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California Family Code Section 5240

Legal Research Home > California Laws > Family Code > California Family Code Section 5240

5240.  (a) Upon the filing and service of a motion and a notice of
motion by the obligor, the court shall terminate the service of an
assignment order if past due support has been paid in full, including
any interest due, and if any of the following conditions exist:
   (1) With regard to orders for spousal support, the death or
remarriage of the spouse to whom support is owed.
   (2) With regard to orders for child support, the death or
emancipation of the child for whom support is owed.
   (3) The court determines that there is good cause, as defined in
Section 5260, to terminate the assignment order. This subdivision
does not apply if there has been more than one application for an
assignment order.
   (4) The obligor meets the conditions of an alternative arrangement
specified in paragraph (2) of subdivision (b) of Section 5260, and a
wage assignment has not been previously terminated and subsequently
initiated.
   (5) There is no longer a current order for support.
   (6) The termination of the stay of an assignment order under
Section 5261 was improper, but only if that termination was based
upon the obligor's failure to make timely support payments as
described in subdivision (b) of Section 5261.
   (7) The employer or agency designated to provide services under
Title IV-D of the Social Security Act or the State Disbursement Unit
is unable to deliver payment for a period of six months due to the
failure of the obligee to notify that employer or agency or the State
Disbursement Unit of a change in the obligee's address.
   (b) In lieu of filing and serving a motion and a notice of motion
pursuant to subdivision (a), an obligor may request ex parte relief,
except ex parte relief shall not be available in the circumstances
described in paragraphs (3) and (4) of subdivision (a).



5240.  (a) Upon the filing and service of a motion and a notice of
motion by the obligor, the court shall terminate the service of an
assignment order if past due support has been paid in full, including
any interest due, and if any of the following conditions exist:
   (1) With regard to orders for spousal support, the death or
remarriage of the spouse to whom support is owed.
   (2) With regard to orders for child support, the death or
emancipation of the child for whom support is owed.
   (3) The court determines that there is good cause, as defined in
Section 5260, to terminate the assignment order. This subdivision
does not apply if there has been more than one application for an
assignment order.
   (4) The obligor meets the conditions of an alternative arrangement
specified in paragraph (2) of subdivision (b) of Section 5260, and a
wage assignment has not been previously terminated and subsequently
initiated.
   (5) There is no longer a current order for support.
   (6) The termination of the stay of an assignment order under
Section 5261 was improper, but only if that termination was based
upon the obligor's failure to make timely support payments as
described in subdivision (b) of Section 5261.
   (7) The employer or agency designated to provide services under
Title IV-D of the Social Security Act or the State Disbursement Unit
is unable to deliver payment for a period of six months due to the
failure of the obligee to notify that employer or agency or the State
Disbursement Unit of a change in the obligee's address.
   (b) In lieu of filing and serving a motion and a notice of motion
pursuant to subdivision (a), an obligor may request ex parte relief,
except ex parte relief shall not be available in the circumstances
described in paragraphs (3) and (4) of subdivision (a).

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Last modified: February 22, 2013