 The
DEPARTMENT OF CHILD SUPPORT SERVICES serves the public
by ensuring that children receive the financial support to
which they are legally entitled. The department also serves
taxpayers by helping families remain self-sufficient and recovering
public assistance
granted to families with dependent children. The DEPARTMENT
OF CHILD SUPPORT SERVICES is committed to providing timely,
competent and professional services and responding to community
needs.
There is no charge for our services, and they are available
to either parent or the caretaker/guardian of a child who
needs help in establishing a support obligation or collecting
child support and/or medical support. While persons receiving
public assistance will automatically
be referred to the Department of Child Support Services by
the Social Services agency, we can be of assistance to anyone
regarding child support issues.
Though situations and cases vary, it is helpful to have
a general understanding of the child support process. The
following overview highlights some important steps necessary
in most child support cases, and illustrates how the process
generally proceeds.
Step 1: Open a Child Support Case
Either parent or the caretaker/guardian of a child may request
that a child support case is opened. The Department of Child
Support Services will also automatically open a child support
case for any individual receiving/applying for public assistance who has been referred
by the Department of Social Services. For more information
on opening a child support case, click
here.
Step 2: Locate a Parent
In order to obtain a court order for child support, the
Department of Child Support Services must know where the parents
live or work. The Department of Child Support Services has
access to resources unavailable to the general public to aid
in locating parents. We will make every effort to locate a
missing parent, regardless of whether or not he or she lives
in the state of California.
Step 3: Establish Paternity
Establishing paternity is the process of determining the
legal father of a child, and is necessary before custody,
visitation and child support may be ordered by the court.
If paternity has not been established by court order or by
marriage, the Department of Child Support Services can assist
with this process. Paternity may be established by genetic
testing, court order, or by voluntarily completing a Declaration of Paternity form.
Step 4: Establish a Court Order
If a court order for child support does
not already exist and the parent(s) is located, one will be
sought by the Department of Child Support Services. The court
order will be based on both parents' ability to pay support,
the amount of time the child spends with each parent, and
the financial needs of the child. The court might also order
the parent paying child support to provide health insurance
for the child if it is available at a reasonable cost. Because
the issue of health insurance is greatly affected by individual
case circumstances, it is recommended that you contact your
child support caseworker for more information. If you would
like to read more about the court process, please refer to
the State
of California Child Support Handbook.
Step 5: Collection/Distribution
of Child Support
Unless the court approves an alternate payment method, child
support payments must be withheld from a parent's wages. An
Income Witholding Order(IWO) is sent to the parent's
employer, requiring the employer to deduct a certain amount
of child support from the parent's wages and send it to the
State Disbursement Unit (SDU)
in accordance with state
and federal requirements.
The State Disbursement Unit (SDU)
then distributes the money within two business days.
Self-employed parents required to pay child support must make
other payment arrangements.
Step 6: Enforcement
Unfortunately, not all parents who are required to pay child
support do so willingly and without incident. Some do not
recognize this responsibility to their children, their former
partner, and the community at large. The Department of Child
Support Services enforces court orders we have established,
as well as those previously established by other means. Refusing
to pay child support is against the law, and the Department
of Child Support Services has a variety of enforcement tools
available to ensure that parents comply with their court order.
To learn more about methods of enforcement, please refer to
the State
of California Child Support Handbook.
A Note About CalWORKS or Medi-Cal Cases
If a child receives CalWORKS, Foster Care, or Medi-Cal benefits,
the Department of Social Services refers the case to the county
Department of Child Support Services. Parents who apply for
public assistance must work with the child support caseworker
to be eligible for a grant, unless there is good
cause for not cooperating. For more information regarding
child support and public assistance, please refer to
the State
of California Child Support Handbook.
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