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Frequently Asked Questions

Select a Category:	View Entire FAQ Collections Establishing an Order Establishing Paternity Interstate Locating the Parent Modify an Order Opening a Case Problem Resolution Public Assistance Wage Assignments
Collections
Q. As soon as the other parent is notified about enforcement, he/she moves. How will I ever be able to collect child support?   A. It is difficult to enforce child support payments when the other parent continually moves to avoid paying. You can help your case if, whenever you learn that the other parent has moved or has a new job, you provide this information to the RCDCSS as soon as possible. Federal legislation now enables prosecution of a noncustodial parent if that parent lives in another state, territory or possession of the U.S., and if the case meets certain other criteria. Q. I have a California support order. The noncustodial parent now lives outside of California. I asked the RCDCSS to try to help me collect support. The judge in that state lowered the payment amount. Is that legal?   A. No. A new federal law known as the Full Faith and Credit for Child Support Order Act allows only one state to retain jurisdiction of a child support case. Therefore, as long as the order was issued in California, and California retains jurisdiction, the court of the other state cannot modify the order. Q. I have a California support order. The noncustodial parent now lives in another state. I know he/she has land and other assets in California. Can the RCDCSS help me collect on the past-due amount.   A. Yes. The fact that the noncustodial parent now lives somewhere else does not prevent the RCDCSS from reaching his/her assets in California. Q. Can paternity be established for my child if the father lives in another state?   A. Yes. But it is difficult to establish paternity across state lines because the laws in most states are different. Frequently, genetic tests will be ordered to help the court in the other state determine paternity. Q. What should I do if I am planning to move to another state?   A. Inform the RCDCSS whenever you move, whether you move across the street, to another state or another county. The RCDCSS will tell you what you need to do to make sure you still receive child support services in your new location. Q. What happens when the noncustodial parent has money to pay child support but still won't pay?   A. The court may find a noncustodial parent in contempt of court if that parent has the ability to pay but is willfully not paying the child support. This enforcement tool is used only when all others have failed. Q. What should I do if the noncustodial parent moves away?   A. Tell our office when you or the other parent moves, no matter where. They can transfer your child support case to the county or state where you move if you are a custodial party. Also, tell our office where the noncustodial parent moves. Child support can be enforced anywhere in the United States. Q. I have a California support order. The other parent lives in another state. I asked the other state to help me collect support. The judge lowered child support. Is that legal?   A. No. The laws known as the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act prevent states from changing another state's court order. If the child lives here and an order is issued in California, in most cases only a California court can change it. Q. May I look at the payment records?   A. If you are the custodial party, you may view those payments that have been issued to you. If you are the noncustodial party, you may view the payments made by you that have been processed.
Establishing an Order
Q. I am sure the other parent is willing to pay support. Can we make an agreement between ourselves and present it to the court?   A. If you do not receive public assistance, you and the other parent may work together with the RCDCSS, a lawyer or on your own to work out an agreement. If the child(ren) receives public assistance or foster-care payments, the RCDCSS will participate in and sign any agreement and will not agree to a support order for less than the amount of support determined under the statewide guidelines. Q. My spouse and I are working out a joint custody agreement. How would the court decide the amount of child support for us?   A. That depends on the terms of your agreement. The court will look at each parent’s ability to pay, the needs of the child(ren) and the amount of time both parents have custody or visitation of the child(ren). See Calculating Child Support, for more information. Q. Can the other parent be required to include our child(ren) under the group health insurance available where he/she works?   A. Yes. Health insurance must now be included in any child support order. Even if it is not available immediately, the court order will order the noncustodial parent to provide insurance when it does become available. This applies to all cases. Q. The other parent is in jail. Can I get support?   A. Unless he/she has assets, like property or income from an outside source or from a work release program, it is unlikely that support can be collected until he/she gets out of jail and receives income or acquires property. Q. I am a noncustodial parent. What should I do when I get the Summons and Complaint?   A. You may call our office or Family Law Facilitator to discuss the case. You may also respond to the Summons and Complaint by completing the Answer and filing it with the Superior Court clerk within 30 days. A blank Answer is supplied with the Summons and Complaint. Q. What if a noncustodial parent ignores or forgets about the Summons and Complaint?   A. The Proposed Judgment served with the Summons and Complaint will be the order of the court if the noncustodial parent does not respond. Q. If I file a Response with the court, will I have a chance to talk to the judge?   A. Yes. If you respond to the Summons and Complaint and contest the amount of child support or paternity, you will be given a court date. Q. How will the court decide how much child support I have to pay as a noncustodial parent?   A. The amount of child support is based on the income of both parents and the amount of time each parent cares for the child. The court uses child support guidelines provided by the California Family Code. Q. How will my employer know how much money to take out of my paycheck to pay my child support?   A. After the court decides the amount of child support, a Wage Assignment is mailed to your employer with instructions on how much to deduct and where to send the payment. Q. Is there any way to avoid having to go to court?   A. Yes. You can avoid going to court by signing a Legal Agreement (stipulation). The noncustodial parent and our office can agree (stipulate) on the amount of child support if the custodial parent is receiving public assistance. If neither parent is receiving public assistance, then both parents may sign a legal agreement that establishes paternity and makes a formal arrangement to make child support payments. Q. What else is in a stipulation?   A. The stipulation contains the agreement that the noncustodial parent is: The parent of child, Willing to pay child support, Willing to provide health insurance for the child if it is available through the parent's employer, and Willing to allow the court to enter an order without appearing in court.
Establishing Paternity
Q. What if he denies he is the father, or says he’s not sure?   A. Paternity may be determined after genetic tests are given to the mother, the child and alleged father. Test results are available in approximately four to eight weeks. The tests exclude men who are not the father and indicate the likelihood of paternity of a man who is not excluded. Genetic tests are very reliable, which is why so few paternity cases go to trial. Q. Is there an age limit for the genetic tests to be done on a child?   A. No. Children of any age may be tested, although some laboratories will not take blood from an infant younger than six months of age. Q. Despite the genetic testing, the alleged father still says he is not the father. Will the case be closed?   A. No. If the genetic tests show that it is likely that he is the father, the matter will be set for a hearing or trial and paternity will be decided. If the issue of paternity is to be tried, then the RCDCSS will have to do additional investigation to prepare for trial. Once the RCDCSS believes it is prepared for trial, it will request that the court set the date for trial. This process could take from a few weeks to more than a year, depending on the circumstances of the case. Q. What happens if the father leaves the state before paternity is established?   A. The local court may use information they have to decide paternity without him. If paternity is established without the alleged father's cooperation, the court may order him to pay child support no matter where he lives, even if he is out of California. Q. Why should paternity be established if the father has no money to support the child?   A. If you don't establish paternity, your child will not be able to get child support or health insurance even after the alleged father gets a job. Proving he is the father as soon as possible makes collecting child support easier later. Q. What happens if paternity is established?   A. Once paternity is established, the RCDCSS will establish a support order, in most cases. Q. Can paperwork be filed to establish paternity while the mother is pregnant, before the child is born?   A. Yes. You may start the paperwork to establish paternity when you are pregnant. If the man you believe is the father denies it, a genetic test can be ordered after your baby is born. (Some labs will only perform genetic tests after a child is six months of age or older.) Genetic tests can be scheduled through our office. Q. Can I get child support if I'm not sure who the father of my child is?   A. No. Paternity must be established before child support can be ordered. Paternity gives your child many rights, including child support, access to medical records, government benefits, and more. Q. Can paternity be established for my child if the father lives in another state?   A. Yes. Our office will ask for a genetic test from the court in the other state. Also, a man can sign a Declaration of Paternity voluntarily declaring he is a child's father even if he lives in another state. Q. What if one parent wants to sign the Declaration of Paternity and the other parent does not?   A. The form must be completed and signed by both parents to be considered valid. The program is voluntary on the part of both parents. Q. What if the parents do not want to provide all of the information requested on the Declaration of Paternity form?   A. Parents who wish to voluntarily declare paternity using the declaration form must provide all the information requested. Q. Can minor parents complete and sign the Declaration of Paternity?   A. Yes. Minor parents may complete and sign a Declaration of Paternity. However, the declaration does not become a judgment of paternity until 60 days after both minor parents become adults or are legally emancipated, whichever comes first. Q. Can a mother sign the form if the father is deceased during the pregnancy?   A. No. Both parents must sign the form. This is a situation that would require legal consultation to determine paternity. Q. If the parents return to the hospital to sign a Declaration of Paternity after the mother and baby have been discharged, are hospital staff required to accept and process the form?   A. No. It is recommended that hospitals accept and process the forms submitted prior to the time the birth certificate is transmitted to the office of the local registrars of births and deaths. This is normally 5 to 10 days following the birth of the child. Parents wishing to complete a Declaration of Paternity after leaving the hospital should contact the office of local registrar of births or local family support office. Q. Will the father’s name be placed on the birth certificate if the Declaration of Paternity form is not signed?   A. No. Both parents must sign the Declaration of Paternity form or have paternity adjudicated in court, in order to have the father’s name entered on the birth certificate when parents are not married. Q. Can the parents rescind or cancel a Declaration of Paternity after it is signed?   A. Yes, either parent may rescind or cancel the Declaration of Paternity by filing a rescission form (CS 915) with CDSS-POP Unit. This form must be completed and filed within 60 days after the Declaration of Paternity is signed. This form must be notarized. The parent canceling the Declaration of Paternity must send a letter to the other parent telling them they are canceling the form. This letter must be sent to the other parent certified, “return receipt requested.” A copy of the receipt and letter must accompany the rescission form when filed with the CDSS-POP Unit. The rescission form is available at the local child support agency or at the office of the local registrar of births and deaths. Q. Can new parents complete and sign the Declaration of Paternity when a child is born alive and then dies shortly after birth? ( A Certificate of Live Birth is prepared in these situations).   A. Yes. Parents may complete and sign a Declaration of Paternity when there is a live birth and the child dies shortly after birth. Q. Can any special arrangements or provisions be made for completing a Declaration of Paternity when the father is in jail or away in the military and cannot be present at the hospital or should both the mother and father sign the Declaration of Paternity form together in front of the same witness?   A. Prior to 1997, it was the state’s policy not to allow fathers to sign paternity declarations prior to the child’s birth because we did not believe there was sufficient authority in the law to warrant such an allowance. However, effective January 1, 1997, there were some significant changes in the California Family Code and Health and Safety Code which supported allowing fathers to sign paternity declarations prior to a child’s birth. First, Health and Safety Code Section 10425 was amended to require a father not married to the child’s mother to sign a paternity declaration or adjudicate paternity in court in order to have his name included as the father on the child’s birth certificate. California Family Code 7570(e), allowing prenatal clinics to offer prospective parents the opportunity to sign voluntary acknowledgements of paternity was enacted by the legislature. Finally, California Family Code Section 7573, which states completed and signed voluntary paternity declarations filed with the state shall have the same force and effect as a judgment of paternity, was enacted by the legislature. We believe it was the legislature’s intent in enacting the laws described above to allow unmarried parents to complete paternity declarations prior to the child’s birth. We believe this policy affords a father who is unable to be present at the time of his child’s birth, the same opportunity to declare paternity and get his name on his child’s birth certificate as a father who is present at his child’s birth. In applying this policy, we recommend it only be used when the father will be unable to be present at the time of the child’s birth. Furthermore, although the mother should enter her identifying information at the time the father signs it, we strongly recommend mothers not to sign the form until the child has been born. In such cases, all fields on the form, except the child’s name and date of birth, should be completed at the time it is signed by the father. Q. What can a mother do with regard to a Declaration of Paternity and getting a father’s name on the birth certificate when the child’s father has died prior to the birth of the child?   A. If the unmarried father has died prior to the child’s birth, a Declaration of Paternity cannot be completed and the father’s name cannot be added to the birth certificate. The law requires that both parents must sign the Declaration of Paternity form. The mother would need to consult an attorney or legal services clinic to pursue other avenues for establishing paternity. Q. On or after January 1, 1997, would the Declaration of Paternity completed by parents in another state for a child born in California be accepted in California?   A. Yes. California and Federal law state that California must accept and give full faith and credit to paternity determinations, including voluntary paternity declarations signed in other states. These determinations must be complete in compliance with the other states laws. However, in order to amend the birth certificate to add the father’s name, the parents will still need to complete a VS-22 form and pay a fee to the State Office of Vital Records. Q. If the mother is married to someone else but not cohabiting with them at anytime during the pregnancy, or has never filed for divorce, can she and the father who is not the husband sign the POP form?   A. No. The law states that the birth mother must be unmarried. The mother will have to go to court in order to have the biological father become the legal father. Once he is the legal father, the court can order the State Office of Vital Records to amend the birth certificate and add his name as the legal father. Q. If the father has a child with an unmarried surrogate mother and he wants his name on the birth certificate, even though he is married to someone else, can he do so if he and the surrogate mother sign the Declaration of Paternity form in the hospital when the baby is born?   A. Yes. The father can sign the Declaration of Paternity form to protect his rights as the natural father and to ensure that his name will be entered on the birth certificate. Q. Can we accept the services of a Notary Public in another country where the father is located?   A. Yes. Section 7571(d) of the Family Code states that, “If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the CDSS-POP Unit and a copy of the original mailed to the State Office of Vital Records along with an Acknowledgement of Paternity (VS-22) and the $19.00 fee at any time after the birth of the child. The law is not specific about where the form can be notarized and if there is a notary in another country who signs, stamps, and witnessed that the person who is signing the form is verified and witnessed by them, then the form will be accepted as valid. Q. What if the mother is not married and the father of the child is married to someone else?   A. In this instance, the mother is not married to someone else so there is no husband who is presumed to be the father of the child. The father, although married to someone else, can sign the Declaration of Paternity to have his name entered on the birth certificate as the legal father. Q. Can same sex couples who adopt a child or conceive a child through artificial insemination sign a Declaration of Paternity?   A. No. The law states that only the natural mother of the child and the man identified as the natural father may sign the Declaration of Paternity. Q. How will a child benefit if the parents sign the Declaration of Paternity?   A. A child whose parents sign the Declaration of Paternity will receive many of the same benefits as a child born within a marriage. This includes: rights to medical coverage from the parent; rights to inheritance; rights to Social Security Survivors benefits if something should happen to either parent; and access to medical records in the case of life threatening illness, medical condition or emergency. The child also benefits emotionally by knowing who both of their parents are, and by having a connection to both sides of their family. Q. Is the Paternity Opportunity Program a voluntary program for hospitals to administer?   A. No. This program is mandated by state and federal law. Beginning January, 1995, all hospitals in California with birthing facilities were required to provide unmarried parents the opportunity to voluntarily acknowledge paternity, following the birth of their child. The program is voluntary for the parents in the respect that they choose to sign the Declaration of Paternity, hospital staff are required to sign that they witnessed the parents’ signatures, distribute the copies accordingly and forward the original copy to the CDSS-POP Unit. It is critical that hospital staff ensure the form is correctly filled out and that is legible. Q. Can the Declaration of Paternity be signed prior to the birth of the child?   A. Only in special circumstances when the father of the child knows he will not be able to be present at the hospital at the time of birth due to military duty or incarceration. Q. If the parents are unmarried and a Declaration of Paternity is not completed at the hospital, does the clerk completing the birth certificate enter the other information about the father even though his name is not entered on the birth certificate?   A. Yes. The law requires that an unmarried father’s name be withheld from the birth certificate when the unmarried mother and father do not complete a Declaration of Paternity. According to the State Office of Vital Records, the other information about the father can be entered on the birth certificate without the signed Declaration of Paternity. This information will be used for statistical purposes. Q. What items must be completed on a Declaration of Paternity before it becomes valid for the purpose of establishing paternity?   A. A valid Declaration of Paternity must be completed in black ink and contain the following items: name and signature of the mother; name and signature of the father; the name and date of birth of the child; and the name and signature of the person witnessing the signing of the declaration. The date each person signed and the witness must agree. This is a legal form and cannot be processed unless it is properly completed. Q. Should both the mother and father sign the Declaration of Paternity form together in front of the same witness?   A. Under normal circumstances yes. Because voluntary acknowledgement of paternity process requires the agreement and the signature of both parents, for the integrity of the program, both parents should sign in the presence of the same witness or notary public. Refer to previous questions for exceptions.
Interstate
Q. Regarding the Uniform Interstate Family Support Act (UIFSA).What is the enactment of the date of your state UIFSA Act?   A. 4-Aug-97 Q. What is the statutory cite for your state UIFSA Act?   A. Family codes 4900 et seq. Q. Does your Act include the 1996 amendments to the model UIFSA?   A. Yes Q. What foreign countries does your State reciprocate?   A. Australia, Austria, Bermuda, Canada, Czech Republic, Fiji, Finland, France, Germany, Hungary, Ireland, Mexico, New Zealand, Norway, Poland, Republic of South Africa, Slovak Republic, Sweden, United Kingdom. Q. Has your State established reciprocity with any tribal Courts? If yes, list the tribes and identify Services provided, if less than full services.   A. No. Q. Regarding the age of majority: What is the age of majority in your state?   A. 18 years, unless the child is still in high school; then collection continues until the child graduates or becomes 19, whichever occurs first. Q. Regarding the age of majority: What is the statutory cite for the age of majority?   A. Family Code 3901(a) Q. Regarding the age of majority: Does child support end if the child leaves the household but does not emancipate?   A. No. Q. Regarding the age of majority: Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)?   A. Yes, mandatory if child handicapped; otherwise, optional. Q. What is your State's statue of limitations for the Collection of past due support?   A. Enforceable until paid in full. Q. What is your State's statue of limitations for Paternity establishment?   A. Emancipation. Paternity can be established at any time; IV-D will do this up until the age of majority. Q. What guideline type or method does your State use to calculate child support?   A. Percent of parent's net disposable incomes, adjusted according to the percent of time that each parent has primary physical responsibility for the child. Q. Regarding interest, please indicate whether your State charges interest on Missed payments, Retroactive support, and Adjudicated arrears.   A. Statutory rate of 10% per annum, interest accrues from date of entry of judgement on lump sum due, and from date installment is due if payable in installments. Q. Does your State collect arrears on behalf of a child if an application for IV-D services is received after the child emancipates?   A. No. Q. Can your State use income withholding for medical support enforcement? If so, describe your procedure.   A. Yes. Health insurance Coverage assignment is sent to the NCP's employer, who enrolls the child and deducts the premium amount from the NCP's check. Q. Have you elected to recover costs or charge fees in your State plan? If yes, what costs are recovered from/fees charged to the obligee? What costs are recovered from/fees charged to the obligor?   A. No. Q. Does your State recover costs on behalf of the initiating State?   A. Yes, genetic test fees only. Q. Please provide a citation for your State's long-arm statue to establish and/or enforce child support.   A. Code of Civil Procedure (CCP) 410.10. Q. Does your State establish, enforce, or modify spousal maintenance orders? If yes, under what circumstances?   A. Establish, enforce, and modify for UIFSA cases; enforce intrastate orders if the IV-D agency is enforcing the child support order. Q. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification?   A. No. Q. What term does your State use to refer to income withholding ?   A. "earnings assignment order for support"; "income withholding"; "wage withholding". Q. What type of income specifically cannot be withheld, if any?   A. All allowable income sources are subject to garnishment. Q. Does your State have any limits on Income Withholding in addition to the Consumer Credit Protection Act (CCPA) limits? If yes, what are those limits?   A. No. Q. With regard to employers: What is the income-withholding fee charged by employers?   A. $1.00 per withholding allowable. Q. With regard to employers: After receiving an income withholding notice or order, what is the date by which the employer is required to implement wage withholding?   A. 10 days (Family Code 5233). Q. With regard to employers: What is the date by which an employer must remit amounts withheld from an employees pay?   A. 7 business days. Q. With regard to employers: What are your States procedures for sanctioning employers for not implementing direct income withholding?   A. Liability for amount of support not withheld, and punishable as contempt. Q. With regard to employers: What is the penalty to an employer for failure to remit payments withheld?   A. Liability for amount of support not withheld, and punishable as contempt. Q. Does your State allow direct income withholding of unemployment compensation benefits across State lines?   A. No. Q. Does your State allow direct income withholding of workers compensation benefits?   A. No. Q. How does an obligor contest income withholding in your State?   A. The motion to quash, or modify, must be filed with the court to request a hearing. Q. Regarding income withholding when the obligor has more than one claim for child support against his/her income, indicate: If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance?   A. Yes, although instructions for how to prorate multiple orders have been made available to California employers. Q. Regarding income withholding when the obligor has more than one claim for child support against his/her income, indicate: If assistance is not available, explain how employers should proceed, and provide a citation for the State law that governs how they should proceed.   A. When there are multiple assignment orders for the same employee, the employer is instructed to prorate the withheld payments as follows:If the NCP has more than one assignment for support, the employer adds the amount due for each assignment. If 50% of the NCP’s net earnings cannot satisify all of the assignments, the employer prorates first among all the current assignments, in the same portion that each assignment is to total the current support owed. Any remainder is applied to the assignments for arrears, in the same proportion that each assignment is to the total arrears owed. Q. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? If yes, please explain briefly.   A. No. Q. Regarding genetic testing, what is the percentage of probability that creates a rebuttal or conclusive presumption of paternity?   A. Paternity index of 100 or greater creates a rebuttal presumption of Paternity. Q. Regarding paternity acknowledgement: Has your State enacted legislation making paternity acknowledgement conclusive?   A. Yes. Q. Regarding paternity acknowledgement: What is the effective date of the State law that makes paternity acknowledgements conclusive?   A. 1/1/97 Q. Regarding paternity acknowledgement: Were acknowledgements prior to that effective date rebuttable?   A. Yes. Q. Does marriage constitute a rebuttable presumption of paternity? How is the presumption rebutted?   A. Conclusive presumption; however husband may move for genetic tests within two years of the child's birth. Q. If the father's name is on the birth certificate, does that mean that paternity is conclusively determined?   A. Yes. Q. Does your State have other paternity-related presumptions? If yes, briefly explain.   A. Yes. Putative father and child's natural mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated; before the child's birth, the putative father and natural mother attempted to marry and the child is born during the attempted marriage or within 300 days of termination of marriage or cohabitation; after the child's birth the putative father and natural mother attempted to marry, and he consented to listing his name on the birth certificate, or is obligated by a written voluntary agreement or court order to support the child; the putative father receives the child into his home and openly holds out the child as his natural child; the paternity is 100 or greater. Q. Does your State have putative fathers registry and, if so, what is the name and address of that entity?   A. No. Q. Regarding Vital Statistics: Are there fees for requesting searches, paternity documents and data from your State Bureau of Vital Statistics?   A. Yes. Q. Regarding Vital Statistics: Are there circumstances under which these fees may be waived?   A. No. Q. Regarding common law marriage: Is common law marriage recognized in your State?   A. No. Q. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)?   A. Written depositions and interrogatories accepted; generally teleconferencing and videotaping are not accepted in absence of stipulation or court approval; court may designate judge of initiating court as a person before whom a deposition may be taken. Q. Please give the cite for your State's long arm statute and list any special provisions.   A. Family Code 4905; Code of Civil Procedure 410.10. Q. Does your State recover genetic testing costs for other States?   A. Yes. Q. Does your State use administrative or judicial process to establish a support obligation?   A. Judicial Q. If your State can establish under both administrative and judicial process, under what circumstances would administrative process be used?   A. N/A Q. If your State uses administrative process; provide the statutory citations for your States’ administrative procedures.   A. N/A Q. In setting support under your State’s guidelines, whose income is considered in addition to the NCP (for example, new spouse’s or child’s).   A. Net monthly disposable income for each parent. Q. What criteria for rebutting your presumptive guidelines have been established in your State?   A. Support is not assigned and parties stipulate to a different amount; deferred sale of home and rental value exceeds mortgage payments; homeowner’s insurance, and taxes; parent ordered to pay support has extraordinarily high income; parent is not contributing to child's needs commensurate with that parent’s custodial time; application of formula would be unjust or inappropriate due to extraordinary circumstances. Q. Regarding retroactive (prior period) support: Will your State establish support orders for prior periods? If so, for what prior periods (e.g. birth of the child, date of separation, prenatal expenses, 5 years retroactive?)   A. No. Q. Regarding retroactive (prior period) support: What information or documentation does your State require to proceed?   A. Non Applicable. Q. Regarding retroactive (prior period) support: Will your State allow a petition for support when the only issue is retroactive support?   A. No. Q. Indicate whether your State has state income tax refund intercept available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.   A. Yes. Administrative. Q. Indicate whether your State has license revocation/suspension for drivers, professional, occupational, and/or recreational licenses available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.   A. Yes. Drivers’ licenses, recreational licenses, professional or occupational licenses, Administrative. Q. Indicate whether your State has Administrative Lien available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.   A. Yes. Administrative. Q. Indicate whether your State has property seizure and sale available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.   A. Yes. Administrative. Q. Indicate whether your State has withholding of State funds or benefits available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.   A. Yes. Workers compensation; administrative. Unemployment compensation; administrative. Lottery intercept; administrative. State disability insurance; administrative. Q. Indicate whether your State has Financial Institute Data Match available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.   A. Yes, administrative effective 7/1/99 Q. Indicate whether your State has Consumer Credit (Credit Bureau) Reporting available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.   A. Yes. Administrative. Q. Indicate whether your State has other administrative enforcement remedies available.   A. Application to U.S. District Courts; Application for collection by the Secretary of the Treasury; and FTB Full Collection Program. Q. Indicate whether your State has other judicial enforcement remedies available.   A. Civil or criminal contempt proceedings; Writs of Execution; and Lien in pending action or proceeding. Q. If your State has established specific procedures for registering administrative liens, what are the procedures that must be followed when another state wants to administer an administrative lien?   A. An interstate lien form, promulgated by the federal Secretary of Health and Human Services pursuant to Section 652(a) (11) of title 42 of the United States Code, must be filed with the county recorder. Q. Regarding enforcing other States’ orders: Which of your States enforcement remedies are available without registration?   A. Order/Notice to withhold income for Child Support; interstate liens. Q. Regarding enforcing other States’ orders: Describe your States registration and enforcement procedures.   A. Follow UIFSA sections 304 and 305. Q. Regarding enforcing other States’ orders: After registration, describe additional judicial procedures required, if any, to enforce a support order.   A. N/A Q. Regarding enforcing other States’ orders: Has your State adopted the Uniform Enforcement of Foreign Judgments Act(UEFJA)? If yes, please cite.   A. Yes. CCP 1710.10 et seq. (Sister State Judgements) and CCP 1713 et seq. (Uniform Foreign Money Judgements Recognition Act). Q. Regarding reviews: With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?   A. In both public assistance and non-public assistance cases, a review may be requested every 3 years without showing a change in circumstances. Q. Regarding reviews: On what basis are the reviews conducted (e.g. on request of the CP, NCP, in non-public assistance cases; automatically in public assistance cases)?   A. Upon a change in circumstances, a review must be conducted upon request Q. What are your criteria for modification (e.g., $50 or 20% from present orders)?   A. $50 or 30%, whichever is greater. Q. Which of the following criteria for demonstrating a change in circumstances apply, if any? [List all that apply.] A: The earnings of the obligor have substantially increased or decreased. B: The earnings of the obligee have substantially increased or decreased. C: The needs of a party or the child(ren) have substantially increased or decreased. D: The cost of living as measured by the Federal Bureau of Vital Statistics has changed. E: The child(ren) have extraordinary medical expenses not covered by insurance. F: There has been a substantial change in child care expenses. G: Other, explain.   A. A change in circumstances may include any or all of the factors listed. California procedures require that the administrative review process will consist of an assessment of the income and resources. If appropriate, of both parents; the availability of health insurance; and the needs of the child(ren). Q. Regarding cost of living adjustments (COLAs): Does your State have cost of living adjustments?   A. No Q. What is the effective date of the Uniform Interstate Family Support Act?   A. 1-Jan-98
Locating the Parent
Q. My child’s father is in the military, but I don’t know where he is stationed. Can the RCDCSS find him?   A. Yes. Current address information for military personnel may be obtained from the federal government. If you know what branch of the military the noncustodial parent is in, it will help.
Modify an Order
Q. I am a noncustodial parent. If I lose my job, do I still have to pay child support.   A. Yes, but call our office right away to ask them to review your case. The court can modify the child support order if you lost your job through no fault of your own. Q. I am a noncustodial parent, but my child lives with me now. Can I change the child support order?   A. Yes. When there is a change in visitation or custody of the child, you may either ask our office to modify the court order or go to court and ask for a change in the child support order. You may be able to reduce child support or begin receiving child support from the other parent. Q. My ex-spouse has remarried and has another family to support. How will this affect the support that my children are due?   A. Even though the other parent has a second family, it does not mean that his or her responsibility to the first family goes away. However, the amount of the support order can be affected because he/she has the responsibility for supporting another child(ren). You must be notified first and given an opportunity to provide information before your support order can be changed.
Opening a Case
Q. My children and I need financial assistance now. The noncustodial parent left us 10 years ago. Will the RCDCSS still try to find him/her?   A. By law, the RCDCSS must try to find the noncustodial parent. The longer the parent has been gone, the more difficult it may by to locate him/her, but every effort will be made. Q. I want the RCDCSS to enforce my court order. Is the information I provide open to the public?   A. Child support case files are not open to the public. The information from the RCDCSS’s files will not be released, except as authorized by law or by court order. Q. I am applying for public assistance. Do I have to personally ask the other parent for child support?   A. No. The RCDCSS will contact the noncustodial parent. As a condition of eligibility for public assistance and or medical, you must cooperate with the RCDCSS in getting child support and/or medical support from the other parent by providing as much information as you can. Q. What does it mean to “cooperate” with the RCDCSS?   A. To “cooperate" means you must provide any information or documents needed by the RCDCSS to establish paternity and/or locate the other parent, and to get support payments for your child. If you are receiving public assistance and you do not cooperate with the RCDCSS, you must have “good cause” for not doing so. Good cause means you must have a legally accepted reason for not cooperating with the RCDCSS such as probability of physical or emotional harm to you or your children. Q. What happens during an interview with the Riverside County Department of Child Support Services?   A. You will be asked to provide information about yourself, your child(ren) and the other parent. The more information the caseworker has, the faster a child support order can be obtained. For information about what is needed to open a case, read Step 1: Opening a Case. Q. What does it mean to “assign my support rights?”   A. Only public assistance recipients or the parent(s) of a child placed for foster care must “assign” their support rights. When you “assign” you support rights to the county, you are giving the county the right to keep any medical support money that was owed to you at the time you received public assistance and any money it collects for you. The county will use that money to pay back any public assistance payments or services given to you or paid on behalf of your child. Any support money collected that is more than the public assistance benefits you receive will be paid to you. Regardless of whether you agree or not, support rights are assigned by operation of law when you and or your children receive public assistance. Q. If the RCDCSS cannot find the noncustodial parent, does that mean I cannot get TANF or Medi-Cal benefits?   A. No. As long as you have cooperated with the RCDCSS, TANF payments and Medi-Cal benefits will be available to you while the RCDCSS tries to find the noncustodial parent. Q. What information must the other parent or I provide to the RCDCSS?   A. Refer to Step 1: Opening a Case for a complete list of information you must provide to help you case. When you apply for/receive child support services, you must promptly inform the RCDCSS of any changes of information or circumstances in your case. Some examples are: Address and telephone number changes Name change Initiation of any divorce or legal proceedings New information regarding the noncustodial parent Direct receipt of any child and/or spousal support Direct receipt of payment from any other health coverage Q. Can I still open a child support case even if the other parent has been gone for a long time?   A. Yes. Keep in mind that the longer parents are gone, the harder it may be to find them. Read Step 2: Locate the Parent for more information on locating parents. Q. Is my child support case open to the public?   A. Child support case information is confidential and not open to the public. Court files may be public record.
Problem Resolution
Q. How do inquiries/disputes differ from complaints?   A. An inquiry or dispute is made by custodial parties, noncustodial parents, employers, other agencies and the public prior to the filing of a complaint and must be responded to by our office within three (3) business days. Most inquiries/disputes can be resolved quickly and informally. A complaint is an unresolved oral or written inquiry/dispute that is made within 90 days from the date the Complainant knew, or should have known, about the subject of the complaint. At any time, you have a right to file a complaint. Q. How do I file an inquiry or dispute?   A. You may file an inquiry or dispute with our office in person, by telephone, or by completing the Inquiry/Dispute Statement located on our Forms and Publications page and returning the form to our office. Q. How long does your office have to respond to my inquiry/dispute?   A. Most inquiries and disputes should be resolved quickly and informally without the need for the complaint resolution process. Our office may respond verbally, electronically, or in writing to any inquiry or dispute concerning a child support case within three (3) business days after receiving the contact. Additionally, our office must attempt to immediately resolve inquiries made in our office and respond to telephone inquiries within one (1) business day of receiving the contact. Q. What is a response?   A. A response can be in the form of a face-to-face conversation, a letter, a telephone call, e-mail, etc. Q. When an attorney represents a person, do the same time frames for responding to inquiries or disputes apply?   A. Yes. Customers represented by attorneys are able to use the complaint resolution process. Inquiries or disputes raised by an attorney representing a client should be treated exactly the same as if the inquiry or dispute was raised directly by the customer. Q. How long does your office have to resolve my inquiry/dispute?   A. Some inquiries and disputes may take more than three (3) business days to resolve. When more than three (3) business days are required to resolve an inquiry or dispute, our office must provide the person filing the inquiry/dispute with an acknowledgement of the inquiry or dispute, describe what action is being undertaken to address the inquiry/dispute, and provide a date when he/she may expect a response. Q. How do I file a complaint?   A. You may file a complaint by completing the Request for Complaint Resolution (LCR001), located on our Forms and Publications page, and returning it to our office or by calling toll free (877) 930-2700. Your request for complaint resolution must be made within 90 days from the date you knew, or should have known, about the subject of your complaint. Q. How long does your office have to respond to my complaint?   A. Our office has 30 days from the date we receive your complaint to give you a written resolution to your complaint. Our office will contact you if it needs more information or time to resolve your complaint. Our office can take up to an additional 30 days to resolve your complaint if needed. Q. What type of complaints can be heard at a State Hearing?   A. Complaints that can be heard at a State Hearing include: 1) Your application for child support services has been denied or has not been acted upon within the required timeframe; 2) Your case has been acted upon and you believe the county acted in violation of federal or state law; 3) Child support payments were not disbursed to you or you received the wrong amount. Or, you don’t agree with the past-due amount; and 4) The child support agency closed your child support case. Issues that cannot be heard at a State Hearing include those actions taken by the court including: Court-ordered amounts of child support, Paternity, Child custody or visitation, Spousal support, Contempt matters, and Civil rights issues. Q. When can I request a State Hearing?   A. If our office does not respond to you within 30 days after receiving your complaint, you have the right to request a State Hearing before an Administrative Law Judge. Your request must be made within 90 days after you complained to our office. If our office does respond to you within 30 days after receiving your complaint, and you are not satisfied with our complaint resolution or response, you have the right to request a State Hearing before an Administrative Law Judge. Your request for a State Hearing must be made within 90 days after you received our written response to your complaint. Q. How do I request a State Hearing?   A. You can request a State Hearing in writing by sending a Request for State Hearing (SH001), located on our Forms and Publications page, to the State Hearing Office or calling toll free 1 (866) 289-4714.
Public Assistance
Q. I am on public assistance. How is child support distributed?   A. Every month in a which child support payment is made, a notice is mailed showing how much money the noncustodial parent paid. Each month, the first $50 of current child support is paid to you. The remainder goes to pay the county for benefits you received. If there is any money left over, it is used to pay any past due child support. Q. If your office cannot find the noncustodial parent, can I still get public assistance benefits?   A. Yes. If you are eligible and cooperate with our office, you can receive benefits while we try to find the noncustodial parent.
Wage Assignments
Q. How soon should I begin garnishing wages from an employee after receiving a court-ordered wage assignment?   A. Wage assignments are effective as soon as possible, but no later than 10 days after receiving the assignment. Q. How long do I have to send a check in to your office?   A. Seven business days from the date money was withheld from your employee. Q. What constitutes earnings?   A. Any payment or credit made to your employee, regardless of source. Q. What is the maximum amount I can withhold from my employee?   A. Do not withhold more than 50 percent of the employee’s disposable income unless the court order specifically says to do so. Never withhold more than 65 percent. Q. I have two employees with wage assignments to your office. May I combine the withheld amounts and write one check to your office?   A. Yes. Please include each employee’s Full Name, Member ID#, Social Security Number, and the Pay Date. Q. I have an employee with more than one assignment order to your office. May I combine the withheld amounts pertaining to each order and write one single check?   A. Yes. Q. What do I do if an employee quits?   A. You must notify our office immediately so we can relieve you of your obligation.

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