Services:

The County Department of Child Support Services offers free services to parents and helps them meet their responibilities to their children.

This website provides general information about the child support program. It is intended to help the reader understand child support laws. It should not be used as legal advice.

SERVICES WE PROVIDE:

Establishing paternity (fatherhood)
Locating parents
Establishing child support orders
Establishing medical support orders
Enforcing child and spousal support orders
Modifying child support orders
Collecting and distributing child support

SERVICES WE DO NOT PROVIDE:

Divorce
Custody
Visitation
Restraining orders
Establishing spousal support orders

OPENING A NEW CHILD SUPPORT CASE

To open a new child support case, the Department of Child Support Services must have information about both parents and the child. The more information, the faster a child support order can be obtained. Opening a new child support case is not necessary if one already exists.

When visiting the Department of Child Support Services to open a child support case, the custodial party should gather and bring as much information as possible. A case can still be opened without all of this information, but it will be easier to collect child support with complete information about each parent and the child. Information that is helpful is listed below:

Information about the Custodial Party

Full name, address, and phone number
Date of birth
Social Security Number*
Paycheck stubs
Name, address, and phone number of work or former employment
Tax returns for the last two years, including W-2 forms and 1099 forms
Existing child support orders
Marriage license
Divorce order or separation agreement

Information about the Child:

Each child's full name, address, and phone number
Each child's date of birth and copy of birth certificateEach child's Social Security Number*
Proof of paternity

Information about the Noncustodial Parent:

Full name, address, and phone number
Date of birth
Social Security Number*
Name, address, and phone number of work or last job, union or self-employment information
A recent photograph or description
The names and phone numbers of friends or family
Information about past involvement with the child
The names of any clubs or organizations
Information about valuables, such as cars, motorcycles, boats, RV s, or other property
Copies of paycheck stubs, bank statements for checking, savings, or other accounts
Tax returns for the last two years, including W-2 forms and 1099 forms

The Department of Child Support Services has applications to open a child support case. The Department of Child Support Services will mail an application within five days to anyone requesting services by mail or phone. After receiving a completed application for services, a caseworker will interview the applicant within 10 days and open a case within 20 days.

contact us via e-mail for an application.

Paternity Establishment

Paternity means fatherhood.
When a married couple has a child, paternity does not need to be established. The law automatically presumes the husband is the child's legal father.

When an unmarried woman has a child, paternity should be established to provide the child with the same legal rights as a child born to married parents. Also, the court will not order child support, or determine custody or visitation, until paternity has been legally established.

WHY ESTABLISH PATERNITY?

Support from both parents
Legal documentation of who his or her parents are
Access to family medical history to learn of diseases, illnesses, birth defects and other health problems that can be passed on by parents
Medical and life insurance from either parent, if available
Inheritance rights
Social Security and veterans’ benefits, if available
Unwed fathers can have their names added to the child’s birth certificate.

HOW PATERNITY IS ESTABLISHED

Signing a "Declaration of Paternity"

Unmarried parents can establish paternity by signing a Declaration of Paternity (POP). Both parents must sign a Declaration of Paternity (POP) in front of a designated witness or notary public.

A Declaration of Paternity (POP) is available at birthing hospitals, local registrars of births and deaths, Family Law Facilitator offices, welfare offices, or the county Department of Child Support Services.

In an effort to create a legal link between unmarried fathers and their children, the California Department of Social Services joined other states in a partnership with licensed hospitals and clinics with birthing facilities to establish the Paternity Opportunity Program (POP). This voluntary in-hospital paternity acknowledgment program, implemented in January 1995, involves about 330 of California's licensed hospitals and clinics with birthing facilities. The program has since been expanded to prenatal clinics, county welfare offices, local vital records offices, and courts.

Information for Unmarried Parents

If the parents of a child are not legally married, the father's name will NOT be added to the birth certificate. This is the result of federal welfare reform legislation effective January 1, 1997. To get the father’s name on the birth certificate, they must:
1.Sign a Declaration of Paternity in the hospital, or
2.Sign the form later or legally establish paternity through the courts and pay a fee to amend the birth certificate.

For additional information regarding the Declaration of Paternity (POP Program), contact the Department of Child Support Services.

By Legal Agreement

Both parents may agree (stipulate) to a child's paternity and arrange for child support payments. The court must approve these agreements.

Genetic Tests

Sometimes a parent may want proof of biological paternity before a man is named the legal father. In that case, the Department of Child Support Services or either parent can request a genetic test. This test will exclude a man who is not the biological father of the child, or it can show a greater than 99 percent chance that a man is the father.

The Department of Child Support Services offers genetic testing, in the office, or if you are out of our area, we can set up testing in your area.. If an alleged father refuses to be tested or sign a Declaration of Paternity, the court can order a genetic test.

Proving Paternity in Court

If paternity is in question, the court may order the mother, child, and alleged father to appear for genetic testing. The alleged father has the right to a hearing to decide the issue of paternity. The court hearing gives the alleged father an opportunity to present his case to the court. In addition to the right to a hearing, the alleged father’s rights include:

-The right to present and cross-examine witnesses
- The right to have an attorney represent him
- The right to have an attorney appointed to represent him, if he cannot afford one in an action filed by the Department of Child Support Services.

The court may consider the following information:

Details about the man's relationship with the mother
Money given for the child by the man
Admissions of fatherhood by the man
Letters sent or gifts given to the child by the man
Details about when the child was conceived
Information from others who knew about the man's relationship with the mother
Pictures of the man with the child

LOCATING THE NON-CUSTODIAL PARENT

The Department of Child Support Services needs to locate the non-custodial parent to get or enforce a child support order. The Department of Child Support Services is required to look for information about the non-custodial parent within 75 days after we determine the non-custodial parent needs to be located.

There are many places to gather information about a parent's whereabouts, including:

Employment/unemployment records
Credit reporting agency records
Social services records
Motor vehicle registration and driver's license records
United States Postal Service
Current and previous employers
Current and previous utility companies
Law enforcement agencies, and parole and probation offices
State licensing boards
Military records

The California New Employee Registry is a database maintained by the Employment Development Department. Employers in California must report the names, addresses, and Social Security Numbers of all new employees. By checking this registry, the Department of Child Support Services may be able to locate non-custodial parents to collect child support.

In California, the names and address of independent contractors must also be reported to the Employment Development Department. This registry helps locate self-employed, non-custodial parents.

The Federal Parent Locator Service provides the Department of Child Support Services with information about non-custodial parents anywhere in the United States. The Federal Parent Locator Service is made up of the National Directory of New Hires and the Federal Case Registry.

The National Directory of New Hires is the central database of employment, unemployment insurance, and wage information from every state. Employers anywhere in the nation must report every new employee's name, address, and Social Security Number.

The Federal Case Registry lists child support cases and orders from every state. Several states, including California, are still compiling this database. Eventually, the Federal Case Registry will include every child support case and order in the United States.

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Modifying the Child Support Order

Either parent may request a review of their child support order. The request should state the reasons for requesting a review. The Department of Child Support Services will determine if the current support order meets the review requirements. If a change is appropriate, the Department of Child Support Services will request the court to modify the child support order. If the Department of Child Support Services determines that a change is not warranted, the parent requesting a review may ask the court to review the order.

Criteria for a Request for a Modification:

There has been no review in the past 12 months.
It has been at least 24 months since the order was issued or modified.
The noncustodial parent must be located.
The court order is a California order.
There has been a significant change of circumstances

(written proof of any change of circumstance is required):

Involuntary loss of employment;
Substantial reduction in income;
Substantial increase in income;
Change in physical custody of the child/ren;
Subsequent child/ren;
A change in childcare expenses.

The Department of Child Support Services must attempt to modify an order in any of the following circumstances:

Application of the state's child support guidelines indicates that the amount of support ordered should be increased by at least $50 or 30 percent, whichever is greater.

Application of the state's child support guidelines indicates that the amount of support should be decreased by at least $50 or 30 percent, whichever is greater, and the reason for the decrease is expected to last at least six months.

There is no medical insurance provision in the order and medical insurance is available at reasonable cost to the noncustodial parent.

If the Department of Child Support Services is not required to modify the order, the Department of Child Support Services must provide to either the custodial parent and/or noncustodial parent, upon request, information on how they can get forms to ask the court to increase or decrease the amount of the support order.

IMPORTANT!
Immediately inform the Department of Child
Support Services if you become disabled, lose your job, or go to jail. Unless the Order is changed, unpaid child support will still be owed, with interest.

Your child support order can be reviewed when a “major change” happens. A major change could be the loss of a job, getting a new job, or a change in custody or visitation.
QUITTING A JOB IS NOT A MAJOR CHANGE.

Enforcing an Order

Enforcement is the process of obtaining payment of child support using a variety of mandated legal and administrative procedures if the non-custodial parent does not pay as ordered. The obligation of support continues until a child turns 18 years of age; or if the child turns 18 and is still in high school, support continues until the child graduates or turns 19 years of age, whichever comes first.
When the non-custodial person does not pay, enforcement action may be necessary.

Unless the court has approved an alternate method of payment, child support payments must be withheld from a parent’s wages. Within 15 days of the date an employer is located, the Notice to Withhold is sent to the employer. The Notice to Withhold requires the employer to withhold a certain amount of money from the employee’s wages and send it into the Department of Child Support Services within 10 days. The Notice to Withhold remains in effect for as long as the parent is employed.

If the non-custodial parent is self-employed, arrangements must be made for the payment of the child support. Such arrangements might include automatic bank withdrawal or payments made directly to the Department of Child Support Services.

More than half of the parent’s net wages may not
Be deducted unless the court says otherwise. Child
Support is deducted first, before any other withholding
Order.
REFUSING TO PAY CHILD SUPPORT IS AGAINST THE LAW.

If a non-custodial parent has the ability to pay child support, and willfully refuses to pay the child support, the Department of Child Support Services can seek a contempt citation in court. This enforcement tool is generally used as a last resort when all other attempts to collect the child support have failed.
Other enforcement tools that the Department of Child Support Services can use to collect child support are:

Credit Reporting:
Child support payments can affect a person’s credit rating. Each child support payment as well as the lack of a child support payment is reported to the major credit reporting agencies.

Passport Denial:
If more than $5000 in past due child support is owed, no passport will be issued or renewed by the U.S. State Department until all support arrears are paid. Arrangements must be made to bring the child support current before traveling outside of the United States.

Suspending Licenses:
Past due child support can result in permanent, state-issued licenses being suspended or withheld. The State Licensing Match System is used to match parents who owe child support with business, professional and driver’s licenses. These licenses include cosmetologist, contractor, doctor, teacher, attorney and more.

Franchise Tax Board Child Support Collection Program:
When a person is more than $100 and 60 days pas due in their child support, the Department of Child Support Services alerts the Franchise Tax Board. The Franchise Tax Board can take funds from bank accounts, rental income, royalties, dividends and commissions. The Franchise Tax Board can also issue an Earnings Withholding Order, and take real and personal property, such as vacant land, cash, safe deposit box contents, vehicles and even boats to collect child support.

Income Tax Intercepts:
Tax refunds can also be intercepted by the Internal Revenue Service and the Franchise Tax Board to pay past due child support.
Lottery Intercept:
Lottery winnings can be taken to pay both current and past due child support.
Disability Insurance Benefit Intercept:
25% of state disability payments can be taken to pay current and past due child support obligations.
Unemployment Insurance Benefit Intercept:
25% of unemployment payments can be taken to pay both current and past due child support.
Workers’ Compensation Appeals Board Match System:
Lump sum workers’ compensation awards can be taken to pay past due child support.
Liens:
Liens against personal and real property can be placed to collect child support.