Rule 5.375.Procedure for a support obligor to file a motion regarding mistaken identity
Division 1. Family Rules · Chapter 10. Government Child Support Cases (Title IV-D Support Cases) · Last amended 2013 · Last verified September 10, 2026
Full Text of Rule 5.375
Plain-English Summary
Support enforcement can attach to the wrong person — a matched name, a shared date of birth, a transposed number. The Family Code provides a remedy, and this rule supplies the procedure for using it in court.
The route runs through the agency first. The obligor files a claim of mistaken identity with the local child support agency, and only after that claim is denied does the superior court motion arise.
The motion goes on the ordinary Request for Order with appropriate attachments, and two exhibits are required rather than optional: a copy of the claim filed with the agency, and a copy of the agency’s denial. Together they show the court that the administrative step has been exhausted.
Frequently Asked Questions
What if child support is being collected from the wrong person?
File a claim of mistaken identity with the local child support agency first. If it is denied, you may move in superior court under Family Code section 17530 to establish the mistaken identity.
What must I attach to the motion?
A copy of the claim of mistaken identity you filed with the local child support agency, and a copy of the agency’s denial of that claim, as exhibits to the Request for Order.
Amendment 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.
(Subd (a) amended effective January 1, 2003.) (Subd (b) amended effective January 1, 2013; previously amended effective January 1, 2003, and January 1, 2007.)