Rule 5.305.Hearing of matters by a judge under Family Code sections 4251(a) and 4252(b)(7)

Division 1. Family Rules · Chapter 10. Government Child Support Cases (Title IV-D Support Cases) · Last amended 2020 · Last verified September 10, 2026

In one sentenceRule 5.305 lists the exceptional circumstances in which a judge, rather than a child support commissioner, may hear a government support case.

Full Text of Rule 5.305

Text sizeJump to: (a) (b) (c)

(a) Exceptional circumstances

The exceptional circumstances under which a judge may hear a title IV-D support action include:

(1) The failure of the judge to hear the action would result in significant prejudice or delay to a party including added cost or loss of work time;

(2) Transferring the matter to a commissioner would result in undue consumption of court time;

(3) Physical impossibility or difficulty due to the commissioner being geographically separate from the judge presently hearing the matter;

(4) The absence of the commissioner from the county due to illness, disability, death, or vacation; and

(5) The absence of the commissioner from the county due to service in another county and the difficulty of travel to the county in which the matter is pending.

(b) Duty of judge hearing matter

A judge hearing a title IV-D support action under this rule and Family Code sections 4251(a) and 4252(b)(7) may make an order or may make an interim order and refer the matter to the commissioner for further proceedings when appropriate. As long as a local child support agency is a party to the action, any future proceedings must be heard by a commissioner, unless the commissioner is unavailable because of exceptional circumstances.

Notwithstanding (a) and (b) of this rule, a judge may, in the interests of justice, transfer a case to a commissioner for hearing.

End

Plain-English Summary

Title IV-D matters normally go to a commissioner. This rule names the exceptions, and they are practical rather than doctrinal: where not hearing the matter would cause significant prejudice or delay to a party, including added cost or lost work time; where transferring to a commissioner would consume undue court time; where the commissioner is geographically separate from the judge already hearing the matter; and where the commissioner is absent from the county through illness, disability, death, vacation, or service in another county that is difficult to travel from.

A judge who hears such a matter may make an order outright, or make an interim order and refer the matter onward. The default reasserts itself afterwards: so long as the local child support agency is a party, future proceedings must be heard by a commissioner unless one is again unavailable for exceptional reasons. And the judge retains discretion to transfer a case to a commissioner in the interests of justice.

Frequently Asked Questions

Can a judge hear my child support agency case instead of a commissioner?

Only in the exceptional circumstances the rule lists — significant prejudice or delay to a party, undue consumption of court time, geographic separation, or the commissioner’s absence through illness, disability, death, vacation, or service elsewhere.

If a judge hears it once, does the judge keep the case?

No. As long as the local child support agency is a party, any future proceedings must be heard by a commissioner unless the commissioner is again unavailable because of exceptional circumstances.

Amendment History

Rule 5.305 amended effective January 1, 2020; adopted as rule 1280.1 effective July 1, 1997; previously amended and renumbered effective January 1, 2003; previously amended effective January 1, 2007.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2003.) (Subd (b) amended effective January 1, 2020; previously amended effective January 1, 2003, and January 1, 2007.) (Subd (c) amended effective January 1, 2007.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: child support commissioner Californiajudge hear title IV-D caseFamily Code 4251 commissioner