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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118763
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was told I need to include FC5616 language in my child

Customer Question

I was told I need to include FC5616 language in my child support order, which is included in our MSA. What verbiage is required?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Have you talked to a lawyer yet?
Customer: No I've been doing this on my own
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I think that is it. The only support we are ordering is to split child care costs and medical expenses.
Submitted: 1 month ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Expert:  Law Educator, Esq. replied 1 month ago.

The language in a child support or settlement agreement would be something to the following:

"Pursuant to California Family Code 5616, in the event that there is a contract between a party receiving support and a private child support collector, the party ordered to pay support must pay the fee charged by the private child support collector. This fee must not exceed 33 1/3 percent of the total amount of past due support nor may it exceed 50 percent of any fee charged by the private child support collector. The money judgment created by this provision is in favor of the private child support collector and the party receiving support jointly."

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