Arrears Payment Estimator

The Arrears Payment Estimator is an amortization tool that prospectively calculates an estimated liquidation summary for the past due balances you owe. The summary also provides you with an estimated arrears payoff date if the monthly arrears payment is consistently received on the first of every month.

In order for the tool to work accurately the excel macros must be disabled when prompted to do so and an accurate accounting of your past due balances must be entered. The past due balances are listed on the monthly billing notice (click here, to view a sample billing statement) you receive:

• Total Principal Balance
• Total Interest Balance
• Total Monthly Payment Amount due for Past Support
• Agreement Date – Month of Billing Notice

To access the Arrears Payment Estimator tool, click here.  

Volunteers!

Are you interested in an exciting volunteer opportunity helping Child Support Services customers become financially self-sufficient? For more information on volunteering with our agency, please click here.

Enforcement 

Administrative Wage Assignment

If a court ordered payment on arrears has not been set, when a new employer for an obligor is located, and the obligor is delinquent with payments, the CSS computer system automatically issues a wage assignment for current support if applicable and an arrears payment. The payment amount for the arrearage will be 25% of the current child support order, if current support is being enforced. If the children have emancipated then the arrears assignment will be for 125% of the former child support order. If CSS was not enforcing a current support order, then the arrears payment will be set at 1.7% of the principal amount of the arrearage owed.

The obligor or counsel should contact CSS by dialing 1(866) 901-3212 and request an administrative review of the wage assignment prior to filing a court action. (Family Code §17520). If a hardship is shown for the obligor, the wage assignment for the arrears payment may be reduced to an amount commensurate with the obligor’s ability to pay. In the majority of cases the Paralegal can resolve these issues without a court hearing.

Escrow Corner
See Escrow Corner for information regarding Real Property Liens.

License Suspension Issues

If the obligor's driver's license or other professional license has been suspended and the obligor has a job, and support and arrears are being paid by wage assignment, CSS will authorize the release of the license. Contact the SLMS hotline and provide the CSS case number and the obligor's license number. A letter will be faxed to the DMV or other licensing agency within 24 hours authorizing the release of the license. A release form will also be sent to your office. The obligor will need to take this release form to the DMV or other agency and pay a handling fee to have the license reissued.

If the obligor is employed but is not paying via a wage assignment, the SLMS hotline can authorize the release of the license. Contact the SLMS hotline and give them the obligor's employment information. As soon as this information is verified and the employer verifies that a wage assignment will be honored, the release will issue and a wage assignment will be sent to the employer.

If the obligor is unemployed and has a job offer contingent upon having a license, the obligor must bring CSS a letter from the employer indicating that the obligor will be hired when the license is released and that the employer will honor a wage assignment.

If the obligor is not employed, or he is self employed, he must come into CSS and meet with a Special Projects Officer, who will attempt to workout a payment plan with him or her. The license will be released contingent upon compliance with the plan.

Special Projects Team

CSS special projects team handles credit reporting, license suspension, FTC levies, and Tax intercept issues. If your client has issues regarding credit reporting, Franchise Tax Collection actions, or Tax intercepts, the hotline numbers should be used. These phone numbers are as follows:

Attorney Assignments 

Attorneys should be contacted only when the case at issue is on calendar for a court action. If an action is not pending in court then the general contact numbers for CSS should be used (866) 901-3212 and the caller will be directed to the appropriate team for assistance.

Attorneys appearing on the Monday through Thursday calendars are assigned cases based on resources available.  Attorneys handle all questions for the cases that they make appearances on. The best way to contact an attorney on a particular case-related matter is to call OC Child Support Services (CSS) main phone number at, 1(866) 901-3212. A CSS representative will connect you to the Court Operations Unit.

Calendar Settings 

Calendar Settings in the IV-D Courtroom

CSS cases must be heard by a IV-D Commissioner and will be calendared in a particular courtroom on the basis of the last two digits of the Superior Court case number according to the table below.

If any party objects to the Commissioner acting as a temporary judge, the Commissioner may hear the matter and make findings of fact and a recommended order. Within 10 court days, a judge shall ratify the recommended order unless either party objects to the recommended order or where a recommended order is in error. In both cases, the judge shall issue a temporary order and schedule a hearing de novo within 10 court days. (Reference: Family Code §4251(c))

Monday through Thursday Calendar:

The morning calendar is primarily reserved for motions set by parties other than CSS. These motions are predominately modification of child support, determination of arrears, wage assignments and license issues.

The afternoon calendar is reserved for motions filed by CSS. These include motions for judgment, modifications of child support, and arrears determinations. This calendar also includes the re-determination of financial issues in cases continued from the Law and Motion calendar.

Friday Calendar:

Special Enforcement (Judgment Debtor Exams, Job Seek, and Civil Contempt) cases are set exclusively on Friday mornings.

Continuances:

We do not grant continuances and/or cancellations of hearings.  That is a decision the court must make.  If you contact CSS by dialing 1(866) 901-3212, we will relay your request to the court, but there is no guarantee that it will be honored.  The court may proceed without you.  Also, if you have been ordered by the court to appear, you should be in court unless you obtain permission from the court to be absent.  Otherwise, the court could issue a warrant for your arrest.

Motions Initiated by the Parents:

If there is a case open with CSS, you must serve the motion on CSS and the other parent. CSS will file a responsive declaration based on request in the motion. See Family Code §17404 regarding limitations and requirements on actions initiated by the custodial parent.

Assignments & Contact Information - Continuances 

We do not grant continuances and/or cancellations of hearings.  That is a decision the court must make.  If you contact CSS by dialing 1(866) 901-3212, we will relay your request to the court, but there is no guarantee that it will be honored.  The court may proceed without you.  Also, if you have been ordered by the court to appear, you should be in court unless you obtain permission from the court to be absent.  Otherwise, the court could issue a warrant for your arrest.

Assignments & Contact Information - Court Operations  

Attorneys and paralegals should be contacted only when the case at issue is on calendar for a court action. If an action is not pending in court then the general contact numbers for CSS should be used (866) 901-3212 and the caller will be directed to the appropriate team for assistance.

Assignments & Contact Information - E-Mail Addresses 

One of the most efficient ways to reach an assigned attorney or paralegal is via e-mail. Although more than 50% of their work week is spent in court, attorneys are able to access their e-mail while in court and, therefore, may be able to quickly answer your questions during their spare time.

Assignments & Contact Information - Ex Parte Notice 

To give CSS ex parte notice, contact the Legal Department at 866.901.3212. Give the person answering your call your name and phone number, the case name, court case number, CSS file number, the general nature of the ex parte request, the department the ex parte is set in and the date and time of the hearing. When you appear in the calendar department for the ex parte hearing, you should inform the Court that CSS is enforcing the case and the case will be assigned to a IV-D courtroom.

Assignments & Contact Information - Genetic Testing 

Genetic tests will be scheduled if paternity has been placed at issue in the complaint and the issue of paternity isn’t res judicata and certain presumptions do not apply. Genetic testing is normally scheduled after an answer to the complaint has been filed. An administrative order for genetic testing and an appointment will be served on the parties along with a hearing date for a Motion for Judgment (MFJ). DCSS and the lab make every effort to have the test results available prior to the first setting of the MFJ.

LabCorp Of America (LabCorp) uses swab sampling to conduct their genetic tests. No Needles! The local specimen collection site is located at the Department of Child Support Services office at 1055 North Main Street, Santa Ana California, 92701.  They accept walk-ins Tuesday and Fridays from 9 a.m. until 3:30p.m. They are closed for lunch from Noon to 1 p.m. Your client must bring valid identification, such as government issued identification or driver’s license.  Alternate locations are available for customers outside of the local area.  Contact DCSS Court Operations Genetic Test representatives at 866-901-3212 for appointment rescheduling or an alternate location.

Assignments & Contact Information -
License Suspension Issues 

If the obligor's driver's license or other professional license has been suspended and the obligor has a job, and support and arrears are being paid by wage assignment, CSS will authorize the release of the license. Contact the SLMS hotline and provide the CSS case number and the obligor's license number. A letter will be faxed to the DMV or other licensing agency within 24 hours authorizing the release of the license. A release form will also be sent to your office. The obligor will need to take this release form to the DMV or other agency and pay a handling fee to have the license reissued.

If the obligor is employed but is not paying via a wage assignment, the SLMS hotline can authorize the release of the license. Contact the SLMS hotline and give them the obligor's employment information. As soon as this information is verified and the employer verifies that a wage assignment will be honored, the release will issue and a wage assignment will be sent to the employer.

If the obligor is unemployed and has a job offer contingent upon having a license, the obligor must bring CSS a letter from the employer indicating that the obligor will be hired when the license is released and that the employer will honor a wage assignment.

If the obligor is not employed, or he is self employed, he must come into CSS and meet with a Special Projects Officer, who will attempt to workout a payment plan with him or her. The license will be released contingent upon compliance with the plan.

SLMS Hotline Number: 866.901.3212

Modifications 

Motions for Modification of Child Support

A court can modify a child support order based on the filing of a motion requesting that it do so. Each case may be reviewed to determine whether an increase or decrease in the child support is justified. A request for Modification Review form can be found under Forms to Download or may be requested by contacting our office. The party seeking to modify must demonstrate to the court that there has been a change of circumstances warranting an upward modification since the child support order was issued. The court will then conduct a hearing and issue a new child support order in accordance with the Child Support Standards Act.

We offer parents the opportunity to resolve their child support matters and modify their court orders right in our office.  We call it, Solutions for Parents. A program designed to provide an opportunity to meet with each parent to review and consider the details of each unique situation. For many parents, this may be the perfect alternative to going through the court process. When parents come to an agreement during a Solutions for Parents appointment, we prepare the necessary documents and file the Stipulation (agreement) with Orange County Superior Court. For those situations where an agreement cannot be reached, the option for parents to request a court hearing always remains available. Call us for more information or to make an appointment.

Assignments & Contact Information -
Motions Initiated by the Parents 

If there is a case open with CSS, you must serve the motion on CSS and the other parent. CSS will file a responsive declaration based on request in the motion. See Family Code §17404 regarding limitations and requirements on actions initiated by the custodial parent.

Establishment/Paternity 

Motions for Judgment

CSS files a Complaint to establish paternity and child support against an alleged parent.  Once an answer is received, CSS will set on calendar a Motion for Judgment. If you want to resolve the issues by stipulation prior to the court date or have any questions regarding the process, please contact CSS by dialing 1(866) 901-3212. The Stipulation Team will work with you to resolve the matter.

Genetic Testing

Genetic tests will be scheduled if paternity has been placed at issue in the complaint and the issue of paternity isn’t res judicata and certain presumptions do not apply. Genetic testing is normally scheduled after an answer to the complaint has been filed. An administrative order for genetic testing and an appointment will be served on the parties along with a hearing date for a Motion for Judgment (MFJ). DCSS and the lab make every effort to have the test results available prior to the first setting of the MFJ.

LabCorp Of America (LabCorp) uses swab sampling to conduct their genetic tests. No Needles! The local specimen collection site is located at the Department of Child Support Services office at 1055 North Main Street, Santa Ana California, 92701.  They accept walk-ins Tuesday and Fridays from 9 a.m. until 3:30p.m. They are closed for lunch from Noon to 1 p.m. Your client must bring valid identification, such as government issued identification or driver’s license.  Alternate locations are available for customers outside of the local area.  Contact DCSS Court Operations Genetic Test representatives at 866-901-3212 for appointment rescheduling or an alternate location.

Ombudsman 

Ombudsman Team

The Ombudsperson Team provides a means to resolve customer service issues. They attempt dispute resolution prior to the initiation of the formal complaint process. If the Case Manager is unable to resolve the disputes, the issues are forwarded to this unit. They should be contacted regarding cases without pending court dates. They also handle wage assignment issues for obligors and employers.

Paralegal Assignments 

The paralegals at CSS do a variety of assignments including the following:

• Qualified Domestic Relations Order (QDROS)
• California Insurance Intercept Program (CIIP)
• Motions
• Personal Injury Liens
• Discovery
• Probate & Trusts
• Appeals
• Writs
• Civil Contempts
• Bankruptcy
• Workers Compensation Liens

If you have a question concerning a case with one of these actions pending or in process, the paralegal team should be the first point of contact. If the paralegal cannot resolve your issue, you will be referred to the assigned attorney. The best way to contact the paralegal assigned to a case would be by e-mail at CSS-ParalegalTm@css.ocgov.com.  This team mailbox is continually monitored.  If, however, you have a very urgent issue, you may contact the following individuals:

Operations Manager:  Lupe Sandoval at (714) 347-8078

Senior Law Office Supervisor:    Armida Cabral at (714) 347-8203

Assignments & Contact Information - Special Projects Team 

CSS special projects team handles credit reporting, license suspension, FTC levies, and Tax intercept issues. If your client has issues regarding credit reporting, Franchise Tax Collection actions, or Tax intercepts, the hotline numbers should be used. These phone numbers are as follows:

Stipulations 

Stipulations: Family Code 4065(c).

Stipulations involving support issues, in cases CSS is enforcing, must be approved (signed) by a CSS attorney prior to filing or they will not be valid. This includes the compromise of custodial parent arrearages. Please contact CSS by dialing 1(866) 901-3212 to arrange to have a CSS attorney review the stipulation.

CSS Mission Statement 

To enhance the quality of life for children and families by establishing and enforcing court orders for the financial and medical support of children in an effective, efficient, and professional manner.

2010 OC Department of Child Support Services Employer Forum 

A "can't miss" for all Orange County employers who want to learn about Department of Child Support Services processes including income withholding and medical insurance orders. 

Click here for your invitation.

Legal Issues - CDL Suspensions 

Compromise Of Arrears (COAP/COA-FR) 

Compromise of Child Support Arrears Owed to the Government

The Local Child Support Agencies (LCSA) and the State Department of Child Support Services may, under certain circumstances, compromise child support arrearages owed to the government. There are two programs through which a child support obligor may apply to the LCSA for compromise: Compromise of Arrearages-Family Reunification” (COA-FR) “Compromise of Arrears Program” (COAP). The application process, criteria and amount of arrears that may be compromised is different for each program. This information is detailed below for each program.

Compromise of Arrearages-Family Reunification (COA-FR)

The first program, Compromise of Arrearages-Family Reunification (COA-FR), was created by statute (Family Code §17550) in 2001. This program was developed to assist parents with limited incomes who have been reunited with their children. When an applicant qualifies for this program, up to 100% of the public assistance debt for the qualifying type of aid is eliminated (compromised). This allows the parent to have more money available to support the child(ren) who have been returned to his or her care and to lessen the risk of the child(ren) being removed from the home in the future because the parent is unable to care for them.

What criteria must an applicant meet to qualify for the COA-FR?

The applicant parent must owe a public assistance debt as a result of their child(ren) receiving aid from one of the following programs, while living apart from the applicant parent. CalWORKS-Foster Care (The child was receiving some form of foster care) CalWORKS while in the care of a non-needy caretaker, not a parent Kin Gap (this type of aid is rare At the time the application is submitted, the child(ren) must be minors and living with the applicant at least 100% of the time The applicant’s current income is less than 300% of the federal poverty level.

What arrears do not qualify for COA-FR

CalWorks arrears owed for a period when the other parent was on aid with the child(ren). An obligor with this type of public assistance debt may qualify for a compromise under the COAP program. See “COAP” section below for details. Any type of arrears owed for an emancipated child. The obligor may qualify for a compromise under the COAP program. See “COAP” section below for details. Child support arrears owed to the custodial parent. Note: if more than one child was aided under the qualifying aid type, and one or more of the child(ren) have emancipated and the other child(ren) have returned to the applicant parent, then the arrears owed for the child(ren) who are still minors may qualify for COA-FR but the arrears owed for the emancipated child(ren) will not be compromised under the COA-FR program.

The Application Process for COA-FR:

The COA-FR application and an Income and Expense Declaration are sent to the applicant upon request. In Orange County the application can be requested by sending an e-mail to childsupport@css.ocgov.com or by calling 866.901.3212. Specifically request “COA-FR Application”, and indicate the applicant’s name and pin or case number. The completed application is reviewed by the LCSA for the following: Is the applicant’s income less than 300% of the federal poverty level for the size of his family? Is the debt owed for one of the qualifying aid types? Is the child(ren) still a minor? Is the child(ren) currently living with the applicant parent at least 50% of the time? If the answers to all of these questions are yes, then the determination is made that the case qualifies for the compromise and up to 100% of the qualifying arrears owed will be compromised. CSS will send a letter to the applicant within 10 business days of receiving the completed application with the result of the review. If the case qualifies for COA-FR, the LCSA has 20 business days from the date the result letter is mailed to the applicant to process the agreement compromising the arrearage owed. The applicant and a representative of the LCSA sign the agreement and the agreement is then filed with the Superior Court and the compromise is finalized. The case will remain open with the LCSA for collection if there are non-qualifying public assistance or custodial parent arrears owed. If there are no other arrears owed, then the LCSA will close their case.

What qualifies as income less than 300% of the federal poverty level?

The Federal Poverty Level is revised annually, subject to cost of living adjustments. The table below indicates the yearly net income which qualifies for 300% of the poverty level based on family size.

Compromise of Arrears Program (COAP)

The second program under which an obligor may apply for the compromise of child support arrears owed to the government is the “Compromise of Arrears Program” (COAP). Authorized by statute (Family Code §17560) in 2003, this program went into effect July 1, 2005. If an applicant qualifies for compromise under this program, his public assistance arrearages may be compromised up to 90%. These arrears are not compromised 100% and if current support is still owed, the obligor must stay current with his current support payment as well as the agreed upon repayment amount. The purpose of the COAP program is to allow child support agencies to concentrate on collecting current support that is owed to families. It reduces the debt of the obligor to ensure that he is able to pay current support owed to his family and it reduces the burden on State and County agencies to collect arrears that are in reality uncollectible.

What criteria must an applicant meet to qualify for COAP?

The amount of permanently assigned arrears (any aid type) owed by the applicant to the government of at least $501. There has not been a previous application to participate in COAP within one year prior to the date of application. There has not been a rescission of a previous COAP agreement within two years prior to the date of application. The applicant has not been found guilty of contempt for failure to pay child support within 6 months of the application. Effective 10/1/08, applicants with multiple cases in one or more LCSA's are eligible for review of an offer in compromise. The child support case cannot be a two state, interstate case. The applicant cannot have intentionally failed to pay child support in anticipation of COAP. The applicant has no ability or reasonable expectation of ability to pay all child support arrears and interest owed within three years. (This is a calculation that the program's computer makes based on applicants' income, debt and assets.) The applicant has not concealed his income or assets and has not intentionally withheld or falsified his financial information. The applicant has the ability to pay from any source within a three year period from the date of the agreement; Current support Arrears owed to custodial parent The repayment amount (the portion of government arrears obligor must pay in order to receive a compromise)

The Application Process for COAP:

The COAP application consists of, Information Letter DCSS Form 0025; a Child Support Compromise of Arrears Information Sheet DCSS form 0019; and Income and Expense Declaration, FL-150. COAP applications are sent to the applicant upon request. In Orange County the application can be requested by sending an e-mail to childsupport@css.ocgov.com or by calling 866.901.3212. Specifically request “COAP Application”, and indicate the applicant’s name and pin or case number. The following supporting documentation must be included with the completed application: Most recent three pay-stubs Most recent tax return If self employed, a profit and loss statement for the last 12 months. The last 12 months of statements for all bank accounts in the applicants name including jointly held accounts. A mortgage statement showing amount owed on all real property owned in whole or in part by the applicant. Evidence of the approximate fair market value of all real property owned in whole or in part by the applicant. Rent receipts showing amount of monthly rent expense. Recent utilities receipts. Proof of vehicles owned or leased, amount owed on vehicles, and current fair market value of the vehicles. Proof of other assets owned and the assets value including stocks, bonds, mutual funds etc. The application and supporting documents will be reviewed by the local child support agency (LCSA) staff to ensure all information needed for the determination has been received. Incomplete applications will be returned to the applicant with further instructions. Once a complete application is received, the LCSA staff will enter the information into the State COAP Computer Program. This information includes the obligor’s income, assets, expenses, current child support owed, arrears owed to the custodial parent, arrears owed to the government, total amount of aid expended and the amount obligor offered to pay in compromise. The computer program determines the amount the obligor will be required to repay the government and the amount of the government arrearages that will be compromised. It will also calculate a repayment schedule with the monthly payment required. The monthly payment required will be sufficient to ensure all arrears owed to the custodial parent (including interest) and the repayment amount owed to the government required for the compromise can be satisfied within a 36 month period. There is a 10% reduction in the repayment amount if the obligor is able to pay the custodial parent arrearages and the calculated repayment amount in a lump sum. The LCSA staff will contact the obligor to determine if the repayment schedule is feasible for him or her. If the amount calculated to be compromised is less then $5,000.00 then the director of the LCSA has the ability to approve the repayment schedule and compromise. If the amount calculated to be compromised is more then $5,000.00, then the application and proposed compromise and repayment schedule is transmitted to the State Department of Child Support Services for approval. If the compromise and repayment schedule is approved by the LCSA Director or the State, then the LCSA is notified and the LCSA staff will execute the agreement with the obligor. The agreement is then filed with the Superior Court. Note: If the repayment amount is paid over a period of time (not to exceed 36 months) the compromised arrears are removed from the arrearage total incrementally as each scheduled payment occurs.

How is the repayment amount calculated?

The repayment amount calculated by the COAP program is the highest of three calculations: Income minus deductions projected out three years plus net assets. This amount is increased by 10% if the obligor had the historical ability to pay and substantially failed to do so. 10% of the assigned arrears owed to the government. This amount is increased by 10% if the obligor had the historical ability to pay and substantially failed to do so. The offered amount made by the obligor.

What occurs if there is a failure to comply with the agreement after it is executed?

Within the first six months, if there is one missed or short payment on the repayment agreement or a missed current support payment, the compromise agreement will be rescinded. The initial payment and all other payments will be retained and credited to the arrears owed. The arrears compromised under the agreement are reinstated. After the first six months, if there is a missed or short payment on the repayment amount or a missed child support payment and the obligor fails to make up the missed or short payment within 3 months, the agreement will be partially rescinded. All arrears compromised up to the point of the missed payments will remain compromised and the obligor will owe the remaining arrears in full. All payments made by the obligor will remain credited to the obligor’s account.

What occurs if the LCSA determines the obligor concealed assets or falsified information in the COAP application?

If after executing the COAP agreement the LCSA determines that the obligor concealed assets or falsified information in the COAP application the LCSA may rescind the agreement. All arrears compromised under the agreement will be reinstated.

Arrears owed to the Custodial Parent:

If in addition to the government arrears, the LCSA determines that there are arrears owed to the custodial parent, the LCSA will contact the custodial parent to determine if the custodial parent wishes to compromise part or all of the arrears owed. The custodial parent is given 20 days to respond to the LCSA’s inquiry. If the custodial parent elects to participate in COAP and chooses to compromise a portion of the arrears, the obligor will be required to pay the remainder of the arrears owed to the custodial parent in a lump sum, as part of the initial payment when the COAP agreement is executed. If the custodial parent chooses to waive part or all compromise the arrears owed, the Stipulation and Order Waiving Unassigned Arrears (Judicial Council form FL626) must be completed and approved by the Court before the LCSA executes the Compromise Agreement. If the custodial parent chooses not to compromise his or her arrears, these arrears will be included in the repayment schedule and will be paid to the custodial parent prior to any government owed arrears within a maximum 36 month timeframe.

Legal Issues - Confidentiality and Discovery Issues 

Confidentiality and Discovery Issues Involving CSS Files

Legal Issues - Emancipation Of Children & Child Support 

Working Title: "They're Not "Kids" Anymore, So Should Support Still be Paid?"

Article written by DDC Robert Sech. Please contact DDC Robert Sech regarding the content of this article at 714 347-8126

Legal Issues - Independent Modification Actions 

Independent Modification Actions and Contempt Filings by a Parent Receiving Services Thru the Department of Child Support Services

Legal Issues - Law And Motion Issues 

Legal Issues - Passports 

Passport Denials and Requests for Release

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) requires the Department of State to refuse to issue a passport to any person who owes more then $2,500.00 in back child support. Specifically 22 CFR 51.70(a) (8) states:

1. The obligor has paid all arrears in full.
2. The Court issued a writ of mandate ordering the LCSA to exclude the obligor after the court has reviewed the LCSA’s decision.
3. A member of the obligor's immediate family resides outside the country and has a life threatening illness.  (Requires doctor's letter or Red Cross notification)
4. The death of an immediate family member occurring outside the United States (requires death certificate).
5. The erroneous submittal of an individual who due to mistaken identity never owed support.
6. The erroneous submittal of an individual who has never owed $2,500.00 in support arrearage.
7. The filing of a petition for bankruptcy (requires bankruptcy documentation).
8. The government of another country has requested that the obligor be permitted to participate in legal proceedings in that country (requires a signed & dated letter from the government of the other country).

Please note the following: The California Family Law Courts do not have jurisdiction to rule on the federal passport issue directly. There is no statute that authorizes court intervention when an obligor has been certified as delinquent in child support. Family Code §17800 sets forth the complaint resolution process as the only remedy available to an obligor who believes he or she has been reported in error.

It is critical that the obligor take prompt action upon receipt of the initial notice of delinquency (The Child Support Warning Notice). An obligor must make a timely written request for review to the local child support agency that has certified his or her name to the list. In many cases a person may “dispute” what he or she owes in past due child support. However an arrears balance being “in dispute” does not allow release of a passport even on a conditional or temporary basis after certification.

Legal Issues - Paternity Disestablishment 

Overview

In 2004, the State Legislature passed a Paternity Disestablishment Bill (Assembly Bill 252, now incorporated into the Family Code as §7645, et. seq.) which expands the opportunity to request the court to set aside or vacate a paternity judgment or paternity declaration. This law creates an additional opportunity and time for individuals to challenge a judgment of paternity on the basis of genetic testing when the genetic testing shows that the previously established father is not the biological father. The law includes limitations and safeguards for the protection of the child's best interest. This law became effective January 1, 2006.

What Must A Person Do To Ask The Court To Set Aside Or Vacate A Paternity Judgment Pursuant To This New Law?

A Notice of Motion must be filed with the court on Judicial Council Form FL 272 and FL 273. Please note that if paternity of the child or children was established via a Voluntary Declaration of Paternity, the motion must be filed on form FL 280. Please note that this motion has very specific requirements concerning what must be included. Please refer to Family Code §7647 for a listing of these requirements. Attached to this motion must be a "Declaration in Support of a Motion to Set Aside a Judgment of Paternity."

What Is A Declaration In Support Of A Motion To Set Aside a Judgment of Paternity?

It is a written statement signed under penalty of perjury by the requesting party setting out facts and explaining why he or she believes that the previously established father is not the biological father. The statement must include specific factual reasons supporting the contention. By signing this declaration, the requesting party is asking the paternity of the previously established father to be "disestablished." This declaration is attached to a Notice of Motion to Set Aside a Paternity Judgment as a supporting document.

Must A Person Have Genetic Testing Results Before Filing The Notice of Motion?

No, genetic testing can be conducted after the Notice of Motion is filed with the court. In cases where the Local Child Support Agency (DCSS) is involved and receives the filed motion, the LCSA may issue an administrative order for genetic testing and will arrange the testing appointments.

Who Can Request The Court To Set Aside The Judgment of Paternity? How Much Time Does One Have To File This Motion?

This law applies to three distinct paternity establishment scenarios and there are specific individuals in each scenario that can request the motion to set aside a paternity judgment. There are also different time limitations for each scenario. Paternity Declaration Cases: Paternity was established by the previously established father's voluntary signature on the Paternity Opportunity Program Declaration (known as a "POP declaration"). Who can make the request? The mother The previously established father who signed the POP declaration. The LCSA (only if a conflict between two POP declarations or a POP declaration and a paternity judgment exists.) Time limitation to file the motion: Two years from the date of the child's birth. Default judgments: The paternity judgment was established based on a default ruling of the court. The alleged father did not participate in the court proceedings. Who can make the request in this situation? The mother The legally established father The child The legal representative The LCSA Time limitation to File the Motion: For existing cases prior to January 1, 2005: Within 2 years of enactment of this provision (must have been filed by Jan. 1, 2007). For all other cases: Two years from (a) when the father knew or should have known of the judgment of paternity; or (b) two years from the date the father knew or should have known of an action to adjudicate the issue of paternity. Paternity Judgments: The previously established father was determined to be the legal father (without genetic testing having been conducted). Who can make the request in this situation? The mother The legally established father The child The legal representative The LCSA Time limitation to file motion: The sooner of the following two circumstances -- Two years from (a) when the father knew or should have known of the judgment of paternity; or (b) two years from the date the father knew or should have known of an action to adjudicate the issue of paternity.

If The Genetic Tests Indicate The Legally Established Father Under The Order Is Not The Biological Father, Does The Court Grant The Motion?

Not necessarily. Even if the genetic tests indicate the legally established father under the order is not the biological father, the court may deny the motion and make the determination that setting aside or vacating the voluntary declaration of paternity or paternity judgment is not in the best interest of the child. The following criteria is used in making this determination. The age of the child. The length of time elapsed since paternity was established. The nature, duration, and quality of relationship with the child, including the duration and frequency of any time periods during which the child enjoyed a parent-child relationship. A request that the parent-child relationship continue. A notice from the biological father that he does not oppose the preservation of parent-child relationship between the man who signed the voluntary declaration and the child, or the previously established father and the child. The benefit or detriment to the child in establishing the biological parentage of the child. Whether any conduct has impaired the ability: (a) to determine the identity of the biological father, or (b) obtain support from the biological father. Additional factors the court deems relevant in the determination of the best interest of the child.

What Is The Effect Of Setting Aside The Paternity Judgment?

If the court vacates or sets aside the judgment of paternity, the court will relieve the obligor of any future payments and all past due arrears. However, there is no right to reimbursement for any of the monies paid previously for support pursuant to the judgment that was set aside.

What Scenarios Are Not Covered Under F.C. 7646?

Paternity established within a Marriage by conclusive presumption. F.C. 7540. Out of state orders Adoptions, artificial inseminations, and cases involving surrogate parents. Dissolution judgments

In Which Court Should The Motion Be Filed?

Paternity disestablishment matters are handled in the Family Court of proper venue. This is normally the court where the child support order was originally issued unless it was registered in another county. In that case, proper venue is the county where the order is currently registered.

Legal Issues - Service Of Process Issues 

When CSS is enforcing a support case, it must be served with all moving papers in the case which address the issue of support. If CSS is served with moving papers or other pleadings relating solely to a support issue, not less then 30 days prior to the hearing, CSS must mail them to the non-moving party within 5 days of receipt.  Service on CSS at lest 30 days prior to a hearing creates a rebuttable presumption of valid service on the non-moving party per Family Code Section § 17404(e) (3).

When CSS is served with pleadings related to paternity or support, Family Code §17406(f) (1) (B) requires CSS to serve the other parent with all pleadings relating to paternity or support. However, this section does not   create a rebuttable presumption of valid service.

Family Code § 17404(e)(4) provides that CSS shall not be required to serve or receive service of papers, pleadings or documents, related solely to custody and/or visitation and shall not be required to participate in or attend any hearings or proceedings realting solely to issues of custody or visitation.

Legal Issues - State Disbursement Unit 

The Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) requires each state to have a single location to receive and disburse child support payments. The purpose of this law is to streamline and reduce the costs of the child support collection and disbursement process, to allocate money received across all local child support agency cases (IV-D) according to law and to simplify the administration of wage assignments for employers.

What are the major functions of the SDU?

Receive and process payments in a centralized location and through one system. It provides a single place for employers, obligor parents and other states to send support payments. Disburse and distribute support payments from a centralized location and through one system. It provides a single entity to send payments to custodial parents and other states. Staff an Electronic Help Desk to provide support for employers, obligor parents and other states in sending; and custodial parents and other states in receiving payments, using electronic processes such as wire transfer, credit card, direct deposit etc. Staff a Non IV-D Customer Service Center to provide non IV-D participants limited information about their child support, such as payment histories or replacement payments.

How does the SDU determine which case to credit payments to and where to send the payments it receives?

A. When a payment is received by the SDU in IV-D cases, the following process takes place: The SDU staff identifies the obligor parent making the payment and sends the payment information to the CSE*. The CSE allocates the payment across all the obligor parent’s cases within the state. The CSE sends disbursement instructions according to the allocation to the SDU. The SDU disburses according to the CSE’s instructions. The SDU sends disbursement status information to the CSE. B. In private non IV-D cases enforced by wage withholding, the following process occurs when a payment is received: The SDU staff identifies the obligor parent and sends the payment information to the CSE. The CSE determines the payment is associated with a non-IV-D case and applies the funds to that case.** CSE sends disbursement instructions to the SDU. The SDU disburses according to the CSE instructions. The SDU sends disbursement status information to the CSE.

What are the practical changes for the Non-Custodial (Obligor) Parent?

In IV-D Cases: The obligor is to send all California child support payments directly to the SDU. The obligor will have the ability to electronically submit re-occurring and one time payments via the SDU website or by phone, as well as through other payment methods, such as credit card and Western Union. If support payments are withheld by the employer, they will continue to be withheld and will be forwarded to the SDU instead of the local child support agency. Obligor’s may contact the SDU Electronic Help Desk for answers to their questions about electronic payment processing. In Non IV-D Cases: Obligors who are paying by wage assignment may contact the Non IV-D Customer Services Center for answers to their questions about the SDU as well as request payment history records. If support payments are withheld by the employer, they will continue to be withheld and will be forwarded to the SDU instead of the local child support agency.

What are the practical changes for the custodial parent?

In IV-D Cases: Custodial parents receive checks issued by the SDU. Custodial parents have the option to receive child support payments electronically by direct deposit, electronic pay cards (EPC) that function like a Visa or debit card. Custodial Parents may contact the SDU Electronic Help Desk for answers to their questions about electronic disbursements. In Non IV-D Cases: If the child support obligor is paying by wage assignment, the custodial parent will receive checks from the SDU instead of the employer. Custodial parents have the option to receive child support payments electronically by direct deposit, electronic pay cards (EPC) that function like a Visa or debit card, or by paper check. Custodial Parents may contact the SDU Electronic Help Desk for answers to their questions about electronic disbursements. Custodial parents may contact the Non IV-D Customer Services Center for answers to their questions about the SDU as well as request payment history records.

Cases Not Affected by the SDU

The SDU will have no impact on cases where the obligor parent is paying the custodial parent directly and a local child support agency is not involved in enforcement. The only non IV-D cases that are impacted are those that are being paid by wage withholding.

Loose Document Page 

Paternity Verification (AB_252.pdf)

2008 Customer Newsletter

Employers Corner

SDU - QA

SDU Facts

California Employer Forum

Weblinks - Licenses & Records 

• California Department of Consumer Affairs

• California Real Estate Public License

• California Contractors State License Board

• California Counties Records
  (provides birth, death, marriages, fictitious business records, recorded documents)

• California State Bar Records
  (provides attorney info; name, address, elephone/fax, e-mail, admission date to CA Bar

• California Medical Board License

• Ancestry
  (provides death records with name, social security number, date of birth)

• California Business Search
  (provides information on businesses and corporations)

• Los Angeles Superior Court
  (provides case information; parties, proceedings, list of filed documents)

• Orange County Superior Court Famiily Law Calendar
  (provides case information; parties, proceedings, list of filed documents)

• Other Court Web Sites

Weblinks - State, Interstate & Government 

• California Department of Child Support Services
  The State web site includes the state regulations and statutory law and opinion letters, which govern the IV-D child support programs. It includes answers to frequently asked questions. The web site also includes information on contacting all local child support agencies.

• National Child Support Enforcement
  (provides information, news, and updates on the office of NCSE)

• Interstate Roster and Referral Guides
  (provides info on each state's child support program, contact info, International Reciprocity addresses, and FIPS codes)

• California Legal Information
  (provides codes, info on the State Constitution, and Statutes)

• Find Law
  (provides codes, info on the State Constitution, and Statutes)

• Government Search
  (provides links for state & local agencies, independent & executive agencies)