Motion to quash earnings assignment: serve obligee before hearing
10 days before hearing date on the motion to quash, under Cal. Fam. Code 5271(c).
Rule text
(a) The motion and notice of motion to quash the assignment order shall be filed with the court issuing the order within 10 days after delivery of the copy of the assignment order to the obligor by the employer. (b) The clerk of the court shall set the motion to quash for hearing within not less than 15 days, nor more than 20 days, after receipt of the notice of motion. (c) The obligor shall serve personally or by first-class mail, postage prepaid, a copy of the motion and notice of motion on the obligee named in the assignment order no less than 10 days before the date of the hearing.
Calculate this deadline
- Trigger (Hearing date on the motion to quash): Friday, November 6, 2026.
- Count back 10 calendar days: Tuesday, October 27, 2026.
Cal. Fam. Code 5271(c)
(a) The motion and notice of motion to quash the assignment order shall be filed with the court issuing the order within 10 days after delivery of the copy of the assignment order to the obligor by the employer. (b) The clerk of the court shall set the motion to quash for hearing within not less than 15 days, nor more than 20 days, after receipt of the notice of motion. (c) The obligor shall serve personally or by first-class mail, postage prepaid, a copy of the motion and notice of motion on the obligee named in the assignment order no less than 10 days before the date of the hearing.Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."Official source
- Personal or first-class mail service. AMBIGUITY: the statute itself authorizes mail service with a 10-day minimum and does not state a mail add-on; extensions none (unextended date shown). If serving by mail, consider adding CCP 1013 days. Enacted by Stats. 1992, ch. 162, operative Jan. 1, 1994. If serving by mail, CCP 1013(a) likely adds 5 calendar days (serve at least 15 days before the hearing); the date shown includes the add-on for the selected service method. [Validation 2026-11, Q0406. Authority: Cal. Fam. Code 5271(c); Cal. Code Civ. Proc. 1013(a); Cal. Code Civ. Proc. 1013(a)]
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Hearing date on the motion to quash on Monday, March 15, 2027, personal service: due Friday, March 5, 2027.
- Trigger (Hearing date on the motion to quash): Monday, March 15, 2027.
- Count back 10 calendar days: Friday, March 5, 2027.
Unsettled points
- The calculator adds CCP 1013 mail days to the 10-day Fam. Code 5271(c) service deadline, so a mailed motion goes out 15 days before the hearing; response periods stay unextended.Other reading: If CCP 1013 does not apply, mailed service 10 days before the hearing is enough.
Notes
Personal or first-class mail service. AMBIGUITY: the statute itself authorizes mail service with a 10-day minimum and does not state a mail add-on; extensions none (unextended date shown). If serving by mail, consider adding CCP 1013 days. Enacted by Stats. 1992, ch. 162, operative Jan. 1, 1994. If serving by mail, CCP 1013(a) likely adds 5 calendar days (serve at least 15 days before the hearing); the date shown includes the add-on for the selected service method. [Validation 2026-11, Q0406. Authority: Cal. Fam. Code 5271(c); Cal. Code Civ. Proc. 1013(a); Cal. Code Civ. Proc. 1013(a)]
Related deadlines
- Request for order (FL-300): serve and file moving papers before hearing (16 court days before)
- Responsive declaration to RFO (FL-320): file and serve before hearing (9 court days before)
- Reply declaration to responsive declaration: file and serve before hearing (5 court days before)
- Proof of service of RFO: file before hearing (5 court days before)
- Written objections to declarations (RFO hearing) (2 court days before)
- Temporary emergency (ex parte) orders: notice to other parties (1 court day before)
- Order after hearing: prepare and serve proposed order (10 days after)
- Order after hearing: other party approves or objects (20 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.