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Rule 5.365.Procedure for consolidation of child support orders

Division 1. Family Rules · Chapter 10. Government Child Support Cases (Title IV-D Support Cases) · Last amended 2007 · Last verified September 10, 2026

In one sentenceRule 5.365 sets the order of priority for consolidating child support orders into one primary file, and requires everything afterwards to be filed there.

Full Text of Rule 5.365

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(a) When an order of consolidation of actions has been made under section 1048(a) of the Code of Civil Procedure in cases in which a local child support agency is appearing under section 17400 of the Family Code, or when a motion to consolidate or combine two or more child support orders has been made under section 17408 of the Family Code, the cases in which those orders were entered must be consolidated as follows:
(1) Priority of consolidation The order consolidating cases that contain child support orders must designate the primary court file into which the support orders must be consolidated and must also designate the court files that are subordinate. Absent an order upon showing of good cause, the cases or child support orders must be consolidated into a single court file according to the following priority, including those cases or orders initiated or obtained by a local child support agency under division 17 of the Family Code that are consolidated under either section 1048(a) of the Code of Civil Procedure or section 17408 of the Family Code:
(A) If one of the cases or child support orders to be consolidated is in an action for nullity, dissolution, or legal separation brought under division 6 of the Family Code, all cases and orders so consolidated must be consolidated into that action, which must be the primary file.
(B) If none of the cases or child support orders to be consolidated is in an action for nullity, dissolution, or legal separation, but one of the child support orders to be consolidated has been issued in an action under the Uniform Parentage Act (Fam. Code, div. 12, pt. 3), all orders so consolidated must be consolidated into that action, which must be the primary file.
(C) If none of the cases or child support orders to be consolidated is in an action for nullity, dissolution, or legal separation or in an action under the Uniform Parentage Act, but one of the child support orders to be consolidated has been issued in an action commenced by a Petition for Custody and Support of Minor Children (form FL-260), all orders so consolidated must be consolidated into that action, which must be the primary file.
(D) If none of the cases or child support orders to be consolidated is in an action for nullity, dissolution, or legal separation or in an action under the Uniform Parentage Act, the case or cases with the higher number or numbers must be consolidated into the case with the lowest number, which must be the primary file. Child support orders in cases brought under the Domestic Violence Protection Act (Fam. Code, div. 10, pt. 4) or any similar law may be consolidated under this rule. However, a domestic violence case must not be designated as the primary file.
(2) Notice of consolidation Upon issuance of the consolidation order, the local child support agency must prepare and file in each subordinate case a Notice of Consolidation (form FL-920), indicating that the support orders in those actions are consolidated into the primary file. The notice must state the date of the consolidation, the primary file number, and the case number of each of the cases so consolidated. If the local child support agency was not a participant in the proceeding in which the consolidation was ordered, the court must designate the party to prepare and file the notice.
(b) Subsequent filings in consolidated cases
Notwithstanding any other rule, including but not limited to rule 367, upon consolidation of cases with child support orders, all filings in those cases, whether dealing with child support or not, must occur in the primary court action and must be filed under that case, caption, and number only. All further orders must be issued only in the primary action, and no further orders may be issued in a subordinate court file. All enforcement and modification of support orders in consolidated cases must occur in the primary court action regardless of in which action the order was originally issued.
End

Plain-English Summary

A family can accumulate support orders in several cases, and enforcing them separately is how arrears get double-counted. When consolidation is ordered, this rule decides which file survives as the primary one.

The priority runs in a fixed order, absent good cause shown. A nullity, dissolution, or legal separation action takes precedence and becomes the primary file. Failing that, a Uniform Parentage Act action. Failing that, an action begun by a petition for custody and support of minor children. Failing all of those, the case with the lowest number. Domestic violence cases may be consolidated under the rule — but a domestic violence case must never be designated the primary file.

Notice follows the order. The agency prepares and files a notice of consolidation in each subordinate case, stating the date, the primary file number, and every case number consolidated; where the agency was not a participant, the court designates who does it.

The consequence is absolute and is stated notwithstanding any other rule: after consolidation, all filings in those cases — whether about support or not — occur in the primary action under that caption and number only. All further orders issue only there, and all enforcement and modification happens there regardless of which case originally produced the order.

Frequently Asked Questions

Which case becomes the main file when support orders are consolidated?

In order of priority: a nullity, dissolution, or legal separation action; then a Uniform Parentage Act action; then an action begun by a Petition for Custody and Support of Minor Children; otherwise the case with the lowest number.

Can a domestic violence case be the primary file?

No. Child support orders in domestic violence cases may be consolidated under this rule, but a domestic violence case must not be designated as the primary file.

Where do I file after consolidation?

In the primary court action only, under that case, caption and number — for all filings, whether they deal with child support or not. All further orders issue only in the primary action.

Amendment History

Rule 5.365 amended effective January 1, 2007; adopted as rule 1285.13 effective January 1, 2001; previously amended and renumbered effective January 1, 2003.

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

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: consolidate child support orders CaliforniaFL-920 notice of consolidationprimary file child support consolidation