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Court Rules

California Rules of Court

Rule 5.375. Procedure for a support obligor to file a motion regarding mistaken identity

Cal. Rules of Court, rule 5.375

Current text effective January 1, 2013.

#(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.

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(Subd (a) amended effective January 1, 2003.)

#(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.

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(Subd (b) amended effective January 1, 2013; previously amended effective January 1, 2003, and January 1, 2007.)

#History

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.

#History

Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 11, Domestic Violence Cases; adopted January 1, 2013.

#History

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.

What this rule requires

Document Filing Requirements

  • 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.

Official text: courts.ca.gov , checked October 19, 2026.