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 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 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 4:30 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 of California and Local
forms:
- Order to Show Cause, FL-300
- Application for Order and Supporting Declaration, FL-310
- Income and Expense Declaration, FL-150 (Only if you are asking
for child, spousal or attorney fees)
You will also need the following forms for serving these documents on
the other party:
- Proof of Personal Service, DV-140
- Responsive Declaration to Order to Show Cause or Notice of Motion,
FL-320
- Mediation Notice, Local Form 9(a) & (b)
- A blank Income and Expense Declaration, FL-150 (if support is
requested)
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. For more information on filing requirements, please
click here.
How to Prepare and File the Order to Show Cause Forms:
Step 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).
Step 2. File the forms:
Step 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.
Step 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.
Step 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.
Step 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 4:30 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 (form FL-670), and an Income and Expense Declaration
(form FL-150). These forms can be downloaded from the Judicial
Council's Web site.
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:
Step 1. Prepare the forms:
Fill out the Statement of Registration of California Support Order (Judicial
Council of California form 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,
Judicial Council form FL-420. Make 2 copies of the
documents.
Step 2. File the forms:
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 and the
Sacramento County
Local Rules as, well as the California Rules of Court. You can find those resources, as well as
others, at the Sacramento County Public Law Library in Room 112 of the Family Relations
Courthouse. You can also purchase the Local Rules for $10.00 from
the Cashier in Room 100 of the Family Relations Courthouse.
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