The Child Support Process

Anyone who has a child support and/or a medical support order, or wants to establish one, can apply for child support enforcement services by completing an application form. After the application form is signed, the child support process begins. The Welfare Department will automatically refer parents, who receive public assistance, including MediCal, to the FSD or local child support agency. The FSD or local child support agency will take the following steps to collect support from a noncustodial parent.

Open a Child Support Case

Either parent, or the caretaker/guardian of a child, may open a child support case by completing an application. The FSD or local child support agency will also open a case for any individual receiving CalWORKS and/or MediCal who has been referred by the county Welfare Department. The more information the custodial party gives about the case, the better service the FSD or local child support agency can provide.

Locate the Parent

To get an order for support, establish paternity or enforce a child support order, the FSD or local child support agency must know where the noncustodial parent lives or works. The FSD or local child support agency will make every effort to locate the noncustodial parent.

Establish Paternity

If paternity (fatherhood) has not been established, the FSD or local child support agency will take the necessary steps to establish paternity. (Paternity must be established before child support and medical support can be ordered by the court.)

Establish a Support Order

If a court order for child support does not already exist, and the noncustodial parent is located, an order will be sought by the FSD or local child support agency and established by the court based on both parents` ability to pay support and the amount of time the child spends with each parent. The FSD or local child support agency will also request that the court require the noncustodial parent to provide health insurance for the child. The court will order the noncustodial parent to provide health insurance if it is available at a reasonable cost.

Enforcement of Support Orders

The FSD or local child support agency will take steps to enforce court orders for child support and medical support. Enforcement action will be taken by the FSD or local child support agency if the noncustodial parent does not pay or pays less than the amount ordered, or if the noncustodial parent does not provide health insurance for the child as ordered by the court. The FSD or local child support agency will determine the type of enforcement action to be taken, consistent with state and federal regulations.

Other California Family Law FAQs

Q: What Is An Annulment?
A: An annulment in the legal sense is NOT the same thing as an annulment in the religious sense. A legal annulment means that the marriage was invalid from its inception … More
Q: What Are The Grounds For Divorce In The State Of California?
A: California was the first state to implement the nofault divorce concept. In California, a dissolution of marriage (divorce) can be granted if the court finds … More
Q: Are There Any Residency Requirements For Filing A Divorce?
A: Prior to filing a petition for a divorce, one of the spouses has to have been a resident of the state for a continuous six months and of the county for a continuous … More
Q: What Is Community Property?
A: California law defines community property as any asset acquired or income earned by a married person while living with his or her spouse. Separate property is defined … More
Q: Can I Get Part Of My Spouse's Pension And Employment Benefits?
A: To the extent that a married person accumulates an interest in a pension, retirement, profit sharing or other employee benefit plan during the marriage, it is … More
Q: How Do Courts Award The Family Residence?
A: Where minor children are involved, the custodial parent is normally allowed to live in the residence with the children for a specified period of time after the divorce … More
Q: How Do The Courts Handle Educational Degrees And Professional Licenses Acquired During The Marriage?
A: In California, if a spouse has earned a college degree or a professional license, the community estate is entitled to be reimbursed for the costs of acquiring the … More
Q: The Child Support Enforcement Program
A: The Child Support Enforcement Program, authorized under Title IVD of the Social Security Act, provides services to assist parents in their mutual obligation to … More
Q: Statement Of Nondiscrimination
A: It is the policy of the State of California to ensure that all individuals are treated equally and that no person shall, on the basis of race, color, national origin, … More
Q: How The Local Child Support Office Can Help You
A: Every county has a FSD or local child support agency that provides child support services on behalf of the state of California. The FSD or local child support agency … More