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OC Home >> Child Support Services >> Legal >> Before You Go To Court

Legal - Before You Go To Court

 

Under California law, both parents have a legal duty to provide financial support for their children.

How Guideline Child Support Is Determined

The Courts use a standard mathematical formula, established by California law. The formula takes into account:

  • Monthly income of both parents including:
  • Wages
  • Tips
  • Commissions
  • Bonuses
  • Self employment earnings
  • Unemployment benefits
  • Disability
  • Workers' Compensation
  • Interest
  • Dividends
  • Rental Income
  • Social security
  • Pensions
  • Other: i.e. lottery & prize winnings
  • Support payments (child or spousal support) received from other relationships
  • Actual Visitation
  • Number of biological children living in each parent's home
  • Child or spousal support payments paid to people not related to the current case
  • Cost of health insurance
  • Mandatory retirement contributions and union dues
  • Child care expenses
BRING THE FOLLOWING TO YOUR HEARING:
1. A copy of your Income and Expense Declaration
2. Copies of your 3 most recent paycheck stubs
3. If self employed, a copy of your most recent Federal Tax Return
(Including all schedules and profit & loss statement).
4. Visitation information and proof of childcare expenses

Note: If you fail to provide these documents, it may result in your hearing being continued to another date.

Why are these papers / documents needed?
To determine the correct amount of support for your child(ren), the Court needs your current financial status. Therefore, please make sure you have all of the above-mentioned papers / documents you feel will be important to your case.

What To Expect In Court

Before your court hearing:

  • Park in visitor parking – NOTE: validation is not provided
  • Please do not bring small children; if it is necessary, please see the Sheriff’s Officer upon entry to the building for child care arrangements
  • Do not bring sharp objects – there is a security entrance
  • Cameras or phones with cameras are not allowed
  • Arrive early – NOTE: if your court hearing is scheduled for 1:30 p.m., arrive no later than 10:30 a.m.
  • Check in on the 5th Floor at the table outside of Dept. L-51
  • No food, drink, or gum allowed
  • Dress nicely:
    • DO NOT WEAR:
      • Shorts
      • Flip flops
      • Ripped shirts or pants
      • T-shirts
      • Baseball hats
      • Revealing clothing
      • Tank tops
    • SUGGESTED DRESS CODE:
      • Collared shirts – polo shirts, button-up shirts, etc.
      • Skirts / dresses of appropriate length

During the hearing:

  • Check in with the bailiff when you first enter the courtroom
  • Turn off all electrical devices – i.e. cell phones, pagers, wristwatches with alarms, etc.
  • Notify the bailiff if you need an interpreter
  • Have all your papers ready for when you are called
  • Do not speak while in the courtroom while court is in session
  • Do not speak to the Commissioner until s/he addresses you

IF YOU ARE APPEARING TELEPHONICALLY:

YOU MUST MAIL THE FOLLOWING DOCUMENTS 20 DAYS BEFORE YOUR HEARING:

1. A copy of your Income and Expense Declaration
2. Copies of your 3 most recent paycheck stubs
3. If self employed, a copy of your most recent Federal Tax Return
(Including all schedules and profit & loss statement).
4. Visitation information and proof of childcare expenses

Mail your documents to:
Orange County CSS
P.O. Box 22099
Santa Ana, CA. 92701

Note: If you fail to provide these documents, it may result in your hearing being continued to another date.

Your call must be on a land line telephone. Cell phone calls are not permitted. You may be required to accept a collect call from the Court.

  • The court requests the following:
    a)That you be in a room alone when calling
    b) Eliminate all background noise
    c) Speaker phones are not allowed
  • Call at the assigned time (review your paperwork for the specific information)
  • Do not speak over the Commissioner or other parties
  • Have something to take notes with (pen and paper), so you may respond or inquire when the Commissioner provides you the opportunity

Following the Hearing:

  • You will be mailed a copy of the child support order.
  • If you are ordered to pay child support and are not paying by wage assignment, do not send payments directly to the custodial parent. Mail payments directly to:

    State Disbursement Unit (SDU)
    P.O. Box 989067
    West Sacramento, CA. 95798
    • Checks are payable to, SDU (write your case number on check)
    • Billing statements are mailed out each month
    • Please make sure your correct address is on file with DCSS before leaving the courthouse
    • Credit Card payments can be made through the SDU website at: www.casdu.com or by calling 1-866-325-1010. You will need your participant ID, social security number, and SDU PIN.

Important Information

We can help you change your child support payment. In the event you experience a major life change such as: losing your job, becoming disabled, or there is a major change in the amount of time your children are with you, CONTACT OUR OFFICE IMMEDIATELY.

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