Wednesday, May 16, 2012

Child Support

Obtaining an Order for Support

To obtain an order for child support, you need to have an active case with the court.If there is no existing case, you need to file one of the following:

  • If you are married to the other parent, you have to file a petition for divorce, legal separation or nullity.
  • If you are not married to the other parent, you have to file a petition to establish parental relationship. A parentage action can be filed by either the mother or father. If you file a parentage action yourself, you can request orders for custody and visitation as well as child support at that time.
  • A Petition for Custody and Support of Minor Children (this petition will not terminate your marriage or establish a parental relationship).

You have several alternatives available to assist you in obtaining a support order:

  • You can contact an attorney for legal advice or to represent you by looking in the telephone book or by calling the Lawyer Referral and Information Service - external link at 916-444-2333.
  • You can contact the Department of Child Support Services (DCSS).DCSS can help you with child support only and not with any other family law issues such as custody, property, or a divorce. DCSS is located at 3701 Power Inn Road. You may contact DCSS in person or by telephone at 916-875-7400.
  • You may represent yourself. If you decide to represent yourself, it may be helpful to visit the Self-Help Center located in Room 113 of the William R. Ridgeway Family Relations Courthouse. The Self-Help Center is available to provide information regarding court procedures and instructions on completing, filing and serving the necessary documents. The Self-Help Center offers an Income and Expense Workshop on Wednesday and Thursday mornings at 8:30 a.m. You must bring proof of income and the previous year's tax return or W-2s if you wish to attend this workshop. An Order to Show Cause workshop may be scheduled once you have completed the Income and Expense Declaration (either on your own, or by attending the Income and Expense Workshop). The Order to Show Cause workshop will allow you to allow to fill out and file the necessary paperwork to request a court hearing date to either establish a child support order, or to modify a current child support order.The Order to Show Cause workshop must be scheduled in advance by visiting the Self-Help Center and presenting your completed Income and Expense Declaration between the hours of 8:30 a.m. and 4:00 p.m., Monday through Thursday.

Definition of an Order to Show Cause

An Order to Show Cause can be filed at the same time you file your petition for divorce, legal separation, nullity or parental relationship or if you already have an active case with this court. This Order to Show Cause will get you a court hearing date for your support issues and require the other party in your case to appear in court. You can use an Order to Show Cause to:

  • Ask for child or spousal support order(s) when filing a petition to establish a parental relationship, or for divorce, legal separation or nullity, or to request a change to such orders.
  • Ask for modification of an existing order for support.
  • Ask to cancel (set aside) a Default Judgment in a District Attorney child support case. There are special rules that apply here and you should seek legal assistance.

Filing an Order to Show Cause

If you are the party filing the Order to Show Cause (the moving party), you will need to complete the following Judicial Council - external link and Local forms:

You will also need the following forms for serving these documents on the other party:

You can download these documents from the above web links or they are available free of charge from the Cashier's Window at the William R. Ridgeway Family Relations Courthouse, Room 100.

You may print the information on your legal forms neatly in blue or black ink.

How to Prepare and File the Order to Show Cause Forms:

  1. Prepare the forms:
    • If you have an active Sacramento Court case, no matter how old, be sure to use the same case title and case number.
    • Make three copies of the completed papers (for you, the other party, and the District Attorney, if involved).
  2. File the forms:
  3. Serve the documents:

    If the Department of Child Support Services (DCSS) is part of your case, a copy will also need to be served on DCSS. DCSS can be served in person at their office, which is located across the street from the Family Relations Courthouse, at 3701 Power Inn Road. You must have an endorsed/filed copy of the following documents delivered personally to other the party at least 21 days prior to the hearing date:

    • Order to Show Cause
    • Application for Order and Supporting Declaration
    • Income and Expense Declaration
    • A Blank Responsive Declaration (not filed)
    • A Blank Income and Expense Declaration (not filed)
    • A Blank Mediation Notice

    You cannot serve the papers yourself. Service must be done by an adult (over the age of 18 years) who is not a party to the case, a professional process server (see your local telephone book) or the County Sheriff's Civil Division, Room 316 of the William R. Ridgeway Family Relations Courthouse.

    Whomever delivers the papers must complete a Proof of Service declaring that he or she has delivered the papers to the other party.

  4. File the Proof of Service:

    You must file the original Proof of Service with the Family Law Filing Counter, Room 100 of the William R. Ridgeway Family Relations Courthouse, as soon as possible and at least 10 days before the hearing.Bring a filed copy of the Proof of Service with you to the hearing.

  5. Attend the Court Hearing:

    Come early to the Court hearing. Look for your name on the court calendar posted outside the courtroom to make sure that your case is listed as being heard on the court's schedule for this date and time. If it is not listed, and your papers indicate you have the right date and time, show your papers to the bailiff (deputy sheriff) inside the courtroom. Do not forget to bring copies of all papers in your case, your copy of the filed Proof of Service, and any supporting documents such as pay stubs for the last three months, tax returns for the previous year, child care receipts, and anything else that will help prove the information in your Income and Expense Declaration.

  6. After the Hearing:

    After the hearing is over you must write the court's orders on the following documents as appropriate:

    • Findings and After Order Hearing and any Attachments (for child/spousal support and custody orders)
    • Order/Notice to Withhold Income for Child Support

    Deliver them to the Family Law Filing Counter or mail them directly to the Clerk's Office in the designated courtroom with a stamped, self-addressed envelope, where they will be forwarded to the Judge for signature and returned to you.

Other things you should know.....

Amount of Child Support:

If you want to know the amount of child support that would be payable under the California State Child Support Guideline, you can contact an attorney or go to the Self-Help Center.

Health Care:

When you apply for child support, you can also request the other parent share in the health care insurance and unreimbursed or uncovered health care costs for your child or children.

Child Daycare and other care costs:

You may also request that child care costs be shared or paid by the other parent.

Assistance:

If you are completing your parentage, marital action or child support forms and need assistance, you can contact an attorney or go to the Self-Help Center.

Fees

When you file your Order to Show Cause documents, you will need to pay a filing fee(s). You may apply for a fee waiver if your income/expense levels meet the appropriate standards.

Enforcement of Child Support Orders

If the other parent fails to pay court-ordered child support, you have several options available. First, you must decide if you want to proceed on your own, hire an attorney, or engage the services of the Department of Child Support Services (DCSS). DCSS is available to assist both self-represented and represented parties.

If you choose to enforce the court orders yourself, you should assess your current situation.You may only need a wage and earnings assignment served on the other parent's employer. The wage and earnings assignment orders the other parent's employer to withhold the child support amount and send it directly to you. The amount withheld each pay period cannot exceed 50% of the parent's net disposable income.

If the other parent has not paid support for a period of time, you may ask the court to make a determination as to the arrearages owed and set a monthly payment on arrears in addition to the ongoing support order. Other options are available, such as liens on real property owned by the other parent. Ultimately, you may ask the court to find the other parent in contempt of the court's order.It is suggested that you hire an attorney or open a case with DCSS if you wish to pursue contempt orders as they are very difficult to prove and very strict rules apply to this type of action. Generally, only trained legal professionals should pursue contempt orders.

If you would like help preparing the necessary forms and getting information on how to enforce your orders, you can visit the Self-Help Center at the William R. Ridgeway Family Relations Courthouse. Please be aware that staff and volunteers at the Self-Help Center do not help with contempt actions. Assistance from the Self-Help Center may be in the form of a workshop, which must be scheduled in advance. The Self-Help Center is open Monday through Thursday, 8:30 a.m. to 4:00 p.m. There is no assistance on Fridays.

If you choose to have DCSS enforce your support orders, they can do all of the same things you can as well as issue administrative orders such as suspension of the other parent's driver's license and/or any other license they may hold as well as intercept tax refunds or place liens on bank accounts. Additionally, in the case of willful failure to pay child support, DCSS may file criminal charges against the other parent.

Increase or Decrease a Child Support Order

If you want to increase or decrease child support, you can file a request for modification of the child support order in your existing case.The law requires that you show a change of circumstances since the last order.

You should also know.....

You may file an Order to Show Cause or Notice of Motion to get a court hearing to decrease or increase child support. You will also need to complete an Income and Expense Declaration and file it with the Order to Show Cause or Notice of Motion.

If you are completing your child support forms and need assistance, or if you want to know the amount of child support that would be payable under the California State Child Support guideline, you can contact an attorney or visit the Self-Help Center.

If you visit the Self-Help Center for assistance to complete your legal forms, be sure to bring your Superior Court case number and a copy of your most recent Income and Expense Declaration. If you have a Department of Child Support Services case, bring current payroll check stubs and recent income tax returns if you wish to have a guideline child support calculation run.

Assistance from the Self-Help Center may be in the form of a workshop, which must be scheduled in advance.

Reinstating your Driver's License

If your driver's license has been suspended or renewal denied due to your failure to pay child support, you may contact the Department of Child Support Services (DCSS), located at 3701 Power Inn Road (across the street from the front entrance of the William R. Ridgeway Family Relations Courthouse.) You may also contact DCSS by telephone at 916-875-7400.

If DCSS denies your request to have your license reinstated, you may then file a Notice of Motion for Judicial Review of License Denial (FL-670), and an Income and Expense Declaration (FL-150).

You may also visit the Self-Help Center located at the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road, Room 113, if you have questions or need further assistance with your child support matter(s).

Transferring a Child Support Case from Another County

There are two ways to have your case brought here from another county:

  • Registration of California Support Order
  • Change of Venue

Registration of California Support Order: If you are the parent receiving child support, you may register your child support order from a different California county here in Sacramento County. The paying parent may not. Keep in mind that if you register the support order, you are only allowed to modify or enforce child support orders.You are not allowed to change custody or visitation.

How to Register Your Order:

  1. Fill out the Statement of Registration of California Support Order (FL-440) and attach a stamped copy of the support order or income withholding order.If the paying parent owes back support, you may attach a Declaration of Arrearage (FL-420). Make 2 copies of the documents.
  2. File the forms at the Family Law Filing Counter in Room 100 of the William R. Ridgeway Family Relations Courthouse. Include an envelope addressed to the paying parent with enough postage to assure delivery.

Change of Venue: If you have a dissolution, legal separation, nullity or parentage case in another county and you and your child(ren) now reside in Sacramento County, you may ask the court in the other county for permission to transfer the entire case to this county. This is done by filing a Motion for Change of Venue. If granted, the entire case moves to this county and all future orders including support and custody will be decided here in Sacramento County.

Frequently Asked Questions

Is my spouse's income going to be counted for child support?

Generally, the court will only use the parents' income for calculation of child support. However, the court can inquire about your spouse's income for the purpose of setting taxes, and in unusual cases, for other purposes.

How do I stop the Wage and Earning Assignment Order/Notice to Withhold Income for Child Support, if the child is over 18 years of age and out of high school?

You can file an Ex Parte Application for Wage and Earnings Assignment Order with proof of the child's age and education.

Do I still have to pay child support if I have a 50/50 custody?

If you earn more than the other parent, you may still have to pay some child support.

Will the court consider that I have other children to support?

The court can consider other court orders for child support and may give you credit for children in your home that you are supporting.

Generally, you cannot receive credit for step-children, foster children or grandchildren.

Will my support go down if I have the child(ren) more often?

The amount of time that the children are in your custody is a factor in calculating child support. Generally speaking, the more time you have the children, the lower your child support because it is reducing the expenses of the custodial parent.

How long do I have to pay child support?

Until the child is 18 years of age, if he or she has already graduated from high school. If your 18-year-old child is still a full time high school student residing with a parent, the child support is payable until your child graduates or reaches 19 years of age, or your child marries, dies, becomes self-supporting or emancipates.

Can I get rid of the interest accruing on the back child support I owe?

Generally speaking, the court cannot reduce or forgive interest on past due child support. Consult an attorney or the Self-Help Center.

How do I stop them from taking half my paycheck?

If your employer is deducting 50% or more of your check, then you have a very large arrearage (past due child support). You should first contact the Department of Child Support Services at 3701 Power Inn Road, to see if arrangements can be made with them. If that does not work, then you may need to file a motion with the court to ask a judge to set a payment on the arrearages that you can afford.

What if the other party does not pay child support?

If a wage assignment was not already signed, you may apply directly to the court. You may also contact the Department of Child Support Services (DCSS), located at 3701 Power Inn Road, who will help any parent, regardless of income and at no cost, to enforce child support orders.You do not have to be on public assistance to get help from DCSS.

Representing Yourself

If you intend to represent yourself, it may be helpful to visit the Self-Help Center located in Room 113 of the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road. The Self-Help Center offers services to help you represent yourself in both family law and guardianship matters. The center houses the Family Law Facilitator's Office, the Resource Referral Program, a community resources information and referral service through 2-1-1 Sacramento and the Self-Help Computer Room. At the center, staff and volunteers may assist you in filling out forms and provide information about legal procedures.These services are available free of charge.

If you have decided to represent yourself, you have taken on the responsibility of knowing the procedures and timelines relating to your paperwork and appearances in court. The Self-Help Center in Room 113 is available as a resource to assist you with court procedures, but cannot give you legal advice. You may also learn about the rules you must follow in the Family Code, Code of Civil Procedure - external link and the Sacramento County Local Rules as, well as the California Rules of Court. - external link You can also purchase the Local Rules for $10.00 from the Cashier in Room 100 of the Family Relations Courthouse.