Q: Does the Fair Debt Collection Practices Act Apply to the state of California child support?
A: The act applies against 3rd party consumer debt collectors. If the state is seeking to collect reimbursement for AFDC and/or other social welfare programs, it won't apply. Child support is not a consumer debt.
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A:
The Fair Debt Collection Practices Act (FDCPA) is a federal law that governs debt collection activities by third-party debt collectors. It does not apply to the collection of child support by state agencies, such as the California Department of Child Support Services.
However, California has its own state laws and regulations that govern the collection of child support, including the Child Support Enforcement Program, which is designed to ensure that parents meet their legal obligation to support their children. These laws and regulations may provide similar protections to those offered by the FDCPA, such as prohibitions against harassment, threats, or false representations by collectors.
Here are some California statutes that apply to child support enforcement:
California Family Code §4000 et seq. provides the framework for California's child support enforcement program.
California Family Code §17400 et seq. outlines the procedures for wage withholding orders, which allow for the automatic deduction of child support payments from a noncustodial parent's paycheck.
California Family Code §17400.1 provides that employers who fail to comply with a wage withholding order may be subject to penalties and fines.
California Family Code §17520 et seq. outlines the procedures for levying bank accounts or other assets to collect unpaid child support.
California Family Code §17600 et seq. provides for the interception of tax refunds, lottery winnings, and other sources of income to collect unpaid child support.
While these statutes do not directly reference the FDCPA, they provide the legal framework for the enforcement of child support in California and include provisions that are designed to protect the rights of parents and ensure that child support obligations are met.
If you are experiencing problems with the collection of child support by the California Department of Child Support Services, you may want to consult with an attorney who is familiar with California child support laws and regulations. They can help you understand your legal rights and options and provide guidance on how to resolve the issue.
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