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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
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- Workers' Compensation
- Interest
- Dividends
- Rental Income
- Social security
- Pensions
- Other: i.e. lottery & prize winnings
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- 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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