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Cal. Rules of Court, rule 5.375

Procedure for a support obligor to file a motion regarding mistaken identity

activein force · 2013-01-01 – presentact-effective-date

(a) Purpose

This rule applies to a support obligor who claims that support enforcement actions have erroneously been taken against him or her by the local child support agency because of a mistake in the support obligor's identity. This rule sets forth the procedure for filing a motion in superior court to establish the mistaken identity under Family Code section 17530 after the support obligor has filed a claim of mistaken identity with the local child support agency and the claim has been denied.

(b) Procedure for filing motion in superior court

The support obligor's motion in superior court to establish mistaken identity must be filed on Request for Order (form FL-300) with appropriate attachments. The support obligor must also file as exhibits to the request for order a copy of the claim of mistaken identity that he or she filed with the local child support agency and a copy of the local child support agency's denial of the claim.

History

(Subd (a) amended effective January 1, 2003.) (Subd (b) amended effective January 1, 2013; previously amended effective January 1, 2003, and January 1, 2007.) Rule 5.375 amended effective January 1, 2013; adopted as rule 1280.15 effective January 1, 2001; previously amended and renumbered effective January 1, 2003; previously amended effective January 1, 2007. Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 11, Domestic Violence Cases; adopted January 1, 2013. Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 11, Domestic Violence Cases-Article 1, Domestic Violence Prevention Act Cases; adopted January 1, 2013.

Provenance

Source
courts.ca.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
4eafab2cd21d3fd0391ec2fa6fa03c11de56b2fc0f212f781175534030e7ddc2
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Cal. Rules of Court, rule 5.375 — Procedure for a sup… · binding.law