How Do The Courts Handle Educational Degrees And Professional Licenses Acquired During The Marriage?

Mon, 04 Jun 2007 21:51:22 GMT

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 degree or license.

These costs are normally limited to such expenses as tuition, fees and books. Unlike other states, the other spouse does not receive any percentage of the enhanced earning ability of the spouse who acquired the degree or license.

A Child Support Judgment

Tue, 29 May 2007 21:19:00 GMT

A judgment may be entered against the noncustodial parent unless he/she files a written answer (responsive pleading) with the clerk of the Superior court within 30 days of when he/she was served with a summons and complaint. See If An Answer Is Filed. This will happen whether or not the noncustodial parent has a lawyer. If the noncustodial parent is served with a document stating the date of a court hearing, he/she should appear in court on the date shown. If the noncustodial parent does not show up, an order can still be entered by default.

It is important that the noncustodial parent answer any notice or letter that he/she receives from the District Attorney`s office, or any office, regarding paternity or child support matters. Failure to respond could result in several legal and financial consequences.

If the order states an amount of support that the noncustodial parent must pay each month, then that amount must be paid every month beginning on the date ordered. The court can estimate how much a noncustodial parent would earn and base the ordered amount of support to be paid each month on that estimate. Income estimated this way is called imputed income. The amount can be changed later based on the noncustodial parent`s actual income. An amount of child support owed but not paid is called an arrearage. Child support arrearages are charged interest at a rate specified in the law. Interest is automatically added to the arrearage and the total amount of child support owed can grow quickly.

It is important for the noncustodial parent who has been laid off his/her job or who has taken a cut in pay to immediately inform the FSD or local child support agency and request a review for modifying the support award to a lower amount. If the FSD or local child support agency cannot file papers to modify the support order quickly, the noncustodial parent can file his/her own papers. A family law facilitator at the local court may be able to help you.

If the noncustodial parent and the FSD or local child support agency are able to reach an agreement regarding support and requests made in the papers served, the noncustodial parent may handle the matter by signing an agreement called a stipulation. By signing a stipulation, the noncustodial parent is agreeing:

That he/she is the parent of the child(ren);
That he/she is obligated to pay the amount of child support and provide the health insurance stated in the stipulation; and
That the court may enter an order or judgment based on the stipulation without further notice.

Are There Any Residency Requirements For Filing A Divorce?

Tue, 29 May 2007 21:19:00 GMT

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 three months.

As Soon As The Other Parent Is Notified About Enforcement, He/She Moves. How Will I Ever Be Able To Collect Child Support?

Tue, 29 May 2007 21:19:00 GMT

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 FSD or local child support agency as soon as possible.

Since October 1, 1998 within 20 days of hire, all newly hired or rehired employees are reported to a state New Employee Registry and are forwarded to the National Directory of New Hires (NDNH). The reports are matched against all known case and member records throughout the entire United States. Therefore, if the other parent moves to another state and gains employment in that state within 30 days, the NDNH will notify all other states that have a case against the other parent. Once notified, the FSD or local child support agency, under state and federal guidelines, must obtain a wage assignment within a very short time frame.

Federal legislation (the Child Support Recovery Act of 1992) now enables criminal 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. The Deadbeat Parents Punishment Act of 1998 strengthens the previous 1992 legislation in regard to interstate cases of nonsupport or interstate flight to avoid a support obligation.

Calculating Child Support

Sat, 15 Mar 2008 21:12:21 GMT

Both parents are responsible for financially supporting their child(ren). The custodial parent directly supports his or her child(ren) by providing housing, buying groceries, paying for clothing, school activities, and covering other expenses. The noncustodial parent pays child support to help cover these costs.

The amount of child support to be paid by parents is based on the amount of time each parent spends with the child and their net disposable incomes. CalWORKS grants are not considered income for purposes of calculating child support. Income is money from sources including: selfemployment, job wages, savings accounts, unemployment money, disability and workers` compensation, interest, dividends, rents, Social Security and any other payments or credits due or becoming due regardless of source. The court may consider the amount of money he or she thinks the parent could be making, instead of the parent`s actual income.

Net disposable income is calculated by taking a person`s total income and subtracting certain expenses, such as federal and state income taxes, health insurance premiums, state disability insurance, and Social Security taxes. The judge/commissioner may also consider other expenses, including the cost of raising a child from another relationship, exceptional health care expenses, uninsured catastrophic losses, mandatory union dues, or retirement contributions.

Child support covers only ordinary living expenses for a child. It does not include things like childcare, medical bills not paid by insurance, travel expenses for visitation with the other parent, or a child`s special education needs. Parents must specifically ask the judge to include these additional expenses in the child support order. If they do not, the costs may be divided so that each parent pays 50 percent.

Once each parent`s net disposable income is calculated, the child support guideline is used to determine the percentage of net disposable income to be paid as child support.

The table below is a general guideline for determining the percentage of net income which will be allocated to child support. However, the child support award will be reduced to reflect the amount of time each parent spends with the child(ren). The FSD or local child support agency will calculate the amount of child support in your case, although the court will determine the final amount.

NUMBER OF CHILDREN IN HOUSEHOLD	APPROXIMATE PERCENT OF TOTAL NET INCOME ALLOCATED TO SUPPORT
One child	25%
Two children	40%
Three children	50%

FOR EXAMPLE...

A custodial parent (in this case the mother) and noncustodial parent (the father) have one child. If the father`s net disposable income is $2,000 per month his share of child support would be $500 a month (25% of 2,000). If the mother`s net disposable income is $1,500 per month, her share of child support would be $375 a month (25% of 1,500). These percentages are then adjusted according to the amount of time each parent spends with the child.

The law requires the court to order one or both parents to provide health insurance coverage for their child(ren), including vision and dental care coverage, if it is available through a job or group insurance plan at no or reasonable cost to the parent.

Calworks Cases

Tue, 29 May 2007 21:19:00 GMT

A CalWORKS child support case is opened when a custodial parent applies for and receives CalWORKS benefits. The county Welfare Department informs the FSD or local child support agency when CalWORKS benefits are granted, and a child support case is opened by the FSD or local child support agency. The FSD or local child support agency does not determine welfare eligibility. The county Welfare Department determines a CalWORKS grant amount, food stamp eligibility and MediCal eligibility, and the FSD or local child support agency establishes and enforces the child support order.

Can I Get Part Of My Spouse's Pension And Employment Benefits?

Tue, 29 May 2007 21:19:00 GMT

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 community and subject to division in the divorce. The law gives the judge the power to award a spouse his or her pension plan, based on its present value, or to reserve jurisdiction to award each spouse a proportionate share of the benefits when they are paid.

Can Paperwork Be Filed To Establish Paternity While The Mother Is Pregnant, Before The Child Is Born?

Tue, 29 May 2007 21:19:00 GMT

Yes. The paperwork may be filed during the pregnancy. If the alleged father denies that he is the father, paternity can be determined by blood tests after the child is born. Arrangements for the blood test can be made with your doctor, or genetic tests can be done through the FSD or local child support agency.

Can Paternity Be Established For My Child If The Father Lives In Another State?

Mon, 04 Jun 2007 21:51:22 GMT

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. Parents residing in different states can voluntarily acknowledge paternity. Also, all states must honor paternity established in another state.

Can The Other Parent Be Required To Include Our Child(Ren) Under The Group Health Insurance Available Where He/She Works?

Tue, 29 May 2007 21:19:00 GMT

Yes. Health insurance must now be included in any child support order if the medical coverage is available at a reasonable or no cost. This applies to both CalWORKS and nonCalWORKS cases.

Collecting Child Support From Out-Of State Parents

Tue, 29 May 2007 21:19:00 GMT

Approximately one out of every three child support cases involves a parent who lives in another state. Working on cases that cross state lines is not uncommon for FSD or local child support agency`s, and federal legislation exists to support these efforts. By law, state child support enforcement agencies must cooperate with each other in handling requests for assistance. It is not a simple matter for one state to establish and enforce court orders of another state. Each state has an independent court system with varying laws, practices and traditions.

Collecting Support Across State Lines

Tue, 29 May 2007 21:19:00 GMT

To collect support from an outofstate parent, the FSD or local child support agency will either refer your case to the other state for assistance or it will enforce the order locally, depending upon information available and the laws of the other state. When a case is referred to another state, it may take six to nine months, and possibly longer, for a custodial parent to receive support. The other state may not be able to serve notice on the noncustodial parent due to incorrect address information. If a hearing is necessary, it may take a while to get a court date. Custodial parents can help speed up the process by keeping in touch with the FSD or local child support agency and providing any new information about the noncustodial parent.

A new federal model act, the Uniform Interstate Family Support Act (UIFSA), went into effect in January 1998. UIFSA is a comprehensive act that focuses on the interstate establishment, modification and enforcement of child support obligations. Many of UIFSA`s provisions contain new solutions to interstate child support problems. UIFSA also expands the ability of states to enforce interstate child support locally.

Despite The Genetic Tests, The Alleged Father Still Says He Is Not The Father. Will The Case Be Closed?

Mon, 04 Jun 2007 21:51:22 GMT

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 FSD or local child support agency will have to do additional investigation to prepare for trial. Once the FSD or local child support agency believes that 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.

Discontinuing Child Support Services

Mon, 28 Apr 2008 21:25:47 GMT

If the custodial party is receiving CalWORKS and/or MediCal and then stops receiving either one, by law the FSD or local child support agency must continue to enforce the support order. If the custodial party does not want the continued services of the FSD or local child support agency, he/she must notify the office in writing that he/she no longer wants FSD or local child support agency assistance. At that time, the FSD or local child support agency will only pursue collection of assigned arrears (pastdue welfare arrears) and will notify the noncustodial parent to pay current child support directly to the custodial party if current support is still owed.

Establishing A Support Order

Tue, 29 May 2007 21:19:00 GMT

The FSD or local child support agency will file an action to establish a support order for the parent or party that has custody of the child(ren) if there is no order. In CalWORKS cases, the FSD or local child support agency will automatically file the complaint and the court order will be made payable to the county (to reimburse CalWORKS benefits paid to the custodial parent). If the location of the noncustodial parent is known, support orders can usually be obtained within 90 days. However, because some cases under go litigation longer, the FSD or local child support agency has twelve months to complete actions to establish paternity and a support order.

A child support order is established based on both parents` ability to pay support and the amount of time each parent spends with the child. The FSD or local child support agency and the court will follow the child support guidelines established by state law in Family Code Section 4055. This state law provides a standard formula for determining child support, although the court may change the amount under specific circumstances.

Failure To Pay Child Support

Tue, 29 May 2007 21:19:00 GMT

The noncustodial parent`s duty to pay child support may be enforced by a contempt action, punishable by a jail sentence and/or a fine. Additional child support enforcement methods are explained later herein.

Family Violence Indicator

Tue, 29 May 2007 21:19:00 GMT

Information you provide will be sent to the federal government to assist in the establishment and enforcement of child support and custody/visitation matters. The information will be made available to courts, child support agencies, prosecutors, and sometimes the other parent of your child.

If you have a reason to believe that the release of information may result in physical or emotional harm to you or your child, notify your local FSD or local child support agency. The FSD or local child support agency will notify the federal government, and they will not release your information without a court order.

Franchise Tax Board (Ftb) Child Support Collection Program

Tue, 29 May 2007 21:19:00 GMT

State regulations require FSD or local child support agency`s to refer delinquent child support obligations to FTB for collection. The FSD or local child support agency`s may also refer current child support obligations to FTB for collection. The FTB collects delinquent child support in the same manner and with the same force and effect as they are authorized to use in the collection of state personal income taxes. The system sorts through more than 200 million records to locate an individual`s assets. Once assets are found, levies are issued that can attach wages, bank accounts (such as checking, savings, IRA and Keogh), rents, royalties, dividends and commissions. The FTB can also seize both real and personal property such as vacant land, cash, safe deposit boxes, vehicles and boats.

Health Insurance Coverage Assignment

Tue, 29 May 2007 21:19:00 GMT

A health insurance coverage assignment (HICA) or Notice of HICA is an enforcement tool for medical support that requires the noncustodial parent`s employer (or other person providing health insurance to the noncustodial parent) to enroll the child(ren) in the parent`s health insurance plan. The HICA also authorizes the employer to deduct the cost of the health care premiums from the noncustodial parent`s earnings. The employer is instructed to notify the FSD or local child support agency of any lapse or change in the health insurance coverage. Changes can be made to the HICA administratively without going back to court. If the employer notifies the FSD or local child support agency of a change of health plan or lapse in coverage, the FSD or local child support agency will then determine if the noncustodial parent has a new employer/health plan. If so, the FSD or local child support agency will serve that employer/health plan with the Notice of HICA that has the same force and effect as the court ordered HICA.

How Child Support And Medical Support Are Distributed

Tue, 29 May 2007 21:19:00 GMT

All collections except for money from federal tax refund intercepts received by the FSD or local child support agency are paid to current monthly support.

If there is money remaining after paying current support, it is used to pay arrearages. The money for each arrearage type is first applied to interest and then to principal. (There are several different arrearage types, and they are paid in a specific order. After one type is paid off, the remainder is paid to the next arrearage type.)

If there is money remaining after all arrearages have been paid, it is credited to the noncustodial parent for the future month. If the family is aided, this amount is held by the FSD or local child support agency and applied to the case in the future month if a current support payment is not made. Otherwise it is paid to the family.

How Child Support Is Distributed In Calworks Cases

Mon, 04 Jun 2007 21:51:22 GMT

If the custodial party is receiving CalWORKS, child support payments (except the first $50 of current support collected each month) go toward paying back the county, state and federal governments for CalWORKS payments. The first $50 of current support collected goes directly to the custodial party. Any medical support recovered goes toward paying back MediCal.

How Child Support Is Enforced

Tue, 29 May 2007 21:19:00 GMT

When the noncustodial parent doesn`t pay the full amount, or doesn`t pay at all, enforcement action is necessary. The FSD or local child support agency strives to make sure that child support payments are regularly made and in the correct amount and that health insurance, if ordered, is provided for the child.

In reviewing the file to determine the best method of enforcement, the FSD or local child support agency`s first concern is establishing a regular payment plan for current support. Collection of arrearages (pastdue support) is the secondary concern. The best method of enforcement is selected based on all the information in the case including the noncustodial parent`s income, and what kind of assets he/she has.

The FSD or local child support agency will try to get the noncustodial parent to voluntarily pay. Sometimes regular and full payments are received from the noncustodial parent in response to regular monthly billings or telephone reminders from the FSD or local child support agency.

How Do Courts Award The Family Residence?

Tue, 29 May 2007 21:19:00 GMT

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 is finalized. During that period of time, the spouse who lives in the home is usually required to make all mortgage, property tax and homeowner insurance payments when due. The house must be sold when: there are no children living at the property, the youngest child attains the age of majority, or at any date agreed upon by the parties or specified by the court.

How Is Community Property Divided?

Tue, 29 May 2007 21:19:00 GMT

The law does not require an in kind division of the community property. All that the law requires is that the net value of the assets received by each spouse must be equal. It is not uncommon for one spouse to be awarded the family residence, and the other spouse the family business and investment real estate. As long as the total net value of the assets being received by each spouse is equal, such a division is considered proper by California law.

How Paternity Is Established

Tue, 29 May 2007 21:19:00 GMT

Paternity is established in court and can be done with or without the father`s assistance. In the process of establishing paternity, the mother may be asked some questions about her intimate relationship with the father. These questions may be avoided if the alleged father appears at the FSD or local child support agency for an interview, admits paternity and cooperates in the establishment of paternity. Also, if the alleged father agrees he is the father, the parents can sign a Declaration of Paternity form stating he is the father.

If the alleged father will not cooperate, the FSD or local child support agency may establish paternity without the father`s assistance. If the alleged father fails to answer a legal complaint that he is the father, the court can name him the father by default. Or, if the alleged father disagrees with or contests the claim that he is the father, paternity will be determined after a courtordered genetic test has been administered.

How The Local Child Support Office Can Help You

Tue, 29 May 2007 21:19:00 GMT

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 provides a variety of child support services to custodial and noncustodial parents and helps parents fulfill their responsibilities to their children.

How To Calculate Child Support: Using The Child Support Guidelines

Wed, 23 Apr 2008 14:52:21 GMT

In this section, a simplified explanation of the child support guideline gives parents a better understanding of how child support is calculated. However, just as the circumstances of each case are different, so are the amounts of child support ordered by the court. For specific information about the child support guidelines and formula, see the Statewide Uniform Guidelines for Determining Child Support listed in the California Family Code (Sections 40504076).

How Your Children Benefit From Paternity Establishment

Tue, 29 May 2007 21:19:00 GMT

Establishing paternity is an important first step in obtaining child support. In addition to providing the basis for obtaining support from the noncustodial parent, establishing paternity gives a child born to unmarried parents the legal rights and privileges of a child born within a marriage. Those rights and privileges may include:

Support from both parents.
Legal documentation of who his or her parents are.
Access to family medical records. (Many diseases, illnesses, birth defects and other health problems are passed to children by their parents.)
Medical and life insurance coverage from either parent, if available.
Inheritance rights.
Social Security and veterans` benefits, if available.
Emotional benefits of knowing who both parents are.

I Am Applying For Calworks And/Or Medi-Cal. Do I Have To Personally Ask The Other Parent For Child Support?

Tue, 29 May 2007 21:19:00 GMT

No. The FSD or local child support agency will contact the noncustodial parent. As a condition of eligibility for CalWORKS and/or MediCal, you must cooperate with the FSD or local child support agency in getting child support and/or medical support from the other parent by providing as much information as you can.

I Am Sure The Other Parent Is Willing To Pay Support. Can We Make An Agreement Between Ourselves And Present It To The Court?

Mon, 04 Jun 2007 21:51:22 GMT

If you do not receive CalWORKS, you and the other parent may work together with the FSD or local child support agency, a lawyer or on your own to work out an agreement. If the child(ren) receives CalWORKS or fostercare payments, the FSD or local child support agency 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.

I Have A California Support Order. The Non-Custodial Parent Now Lives In Another State. I Know He/She Has Land And Other Assets. Can I Get Help?

Tue, 29 May 2007 21:19:00 GMT

Yes. The fact that the noncustodial parent now lives somewhere else does not prevent the FSD or local child support agency from reaching his/her assets in California.

I Want The Fsd Or Local Child Support Agency To Enforce My Court Order. Is The Information I Provide Open To The Public?

Mon, 04 Jun 2007 21:51:22 GMT

Child support case files are not open to the public. However, the public can see court orders. The information from the FSD or local child support agency files will not be released, except as authorized by law or by court order.

If An Answer Is Filed

Tue, 29 May 2007 21:19:00 GMT

If the noncustodial parent files an answer (responsive pleading), he/she has the right to a court hearing. The noncustodial parent also has the right to have the court determine how much he/she will have to pay for support. If the noncustodial parent (in this case an alleged father) denies that he is the father of the child(ren), he has the right to request that the court order paternity tests to determine if he really is the father. The court may order that he pays some or all of the costs of the tests, if it is determined that he is the father.

If The Fsd Or Local Child Support Agency Cannot Find The Non-Custodial Parent, Does That Mean I Cannot Get Calworks Or Medi-Cal?

Tue, 29 May 2007 21:19:00 GMT

No. As long as you have cooperated with the FSD or local child support agency and are eligible to receive assistance, CalWORKS payments and MediCal benefits will be available to you while the FSD or local child support agency tries to find the noncustodial parent.

In California, Can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?

Sat, 11 Jul 2009 18:58:54 GMT

Yes, California law allows spouses to include modification or elimination of spousal support in their prenuptial agreement. However, the law requires that the affected spouse be represented by independent counsel at the time that the premarital agreement is signed. If the spouse was not represented by independent counsel or if the spousal support as written in the premarital agreement is unconscionable at the time of enforcement then the Court may disregard that part of the premarital agreement.

Is There An Age Limit For The Genetic Tests To Be Done On A Child?

Tue, 29 May 2007 21:19:00 GMT

No. Children of any age may be tested, although some laboratories will not take blood from an infant younger than six months of age.

Keeping Track Of Payments

Tue, 29 May 2007 21:19:00 GMT

A notice of how much child support was collected by the FSD or local child support agency and how the support was distributed will be mailed monthly to the custodial party. The custodial party is entitled to see the payment history of the noncustodial parent who is required, by a court order, to make support payments.

Legal Assistance Alternatives

Tue, 29 May 2007 21:19:00 GMT

In addition to the county FSD or local child support agency, private attorneys and legal clinics can provide legal assistance in child support cases.

Private attorneys

A private attorney can provide personalized services to parents. They can give as much time to a case as is necessary to do an effective job. The biggest drawback is expense. A private attorney will charge for the time required for personal and telephone interviews, legal research, court appearances, and the preparation of pleadings. The custodial party may request the court to order the noncustodial parent to pay the custodial party`s reasonable attorney fees and court costs. However, it is up to the judge to decide how much, if any, of the legal fees the noncustodial parent may be ordered to pay.

Legal clinics

Services offered by a legal clinic may cost less than those provided by a private attorney. Legal clinics may charge for services based on the actual time spent on a case or on a contingency fee basis.

Family law facilitators` offices

These offices are located in the local court and there is no charge for these services. The core mandated duties of the facilitator include providing educational materials to parents, distributing voluntary declarations of paternity and other court forms, providing assistance in completing forms, preparing support schedules based on statutory guidelines, and providing referrals to the district attorney, family court services, and other community agencies that provide services to families. Local courts may create additional duties for the facilitator. You may contact the facilitator`s office at your local court to find out how the facilitator can help you.

Legal Representation

Tue, 29 May 2007 21:19:00 GMT

The noncustodial parent has the right to be represented by a lawyer. The noncustodial parent has the right to have his/her attorney present at any meeting requested by the FSD or local child support agency. For more information, contact a private attorney, a family law facilitator`s office, a legal clinic or a local Bar Association Lawyer Referral Service.

Locating The Non-Custodial Parent

Tue, 29 May 2007 21:19:00 GMT

To get a support order, establish paternity or enforce a support order, the FSD or local child support agency must know where the noncustodial parent lives and/or works. By providing the FSD or local child support agency as much information as possible, the custodial party can help locate the noncustodial parent and speed up the child support process. Use the checklist in Opening A Child Support Case for information to bring to the FSD or local child support agency.

If the noncustodial parent cannot be found locally, his/her Social Security number will be checked against the records of other state agencies including the Department of Health Services, Department of Motors Vehicles, Employment Development Department, Franchise Tax Board, Board of Equalization, credit reporting agencies, and law enforcement agencies. If the search reveals that the parent has moved to another state, the other state and the Federal Parent Locator service will be asked to search for the parent.

Once the FSD or local child support agency has the current address of the noncustodial parent, they will verify the address and may tell the parent legal action is being or may be taken.

Mandatory Wage Withholding

Tue, 29 May 2007 21:19:00 GMT

State law requires that child support payments be withheld from a noncustodial parent`s paycheck from the time that child support is ordered. The noncustodial parent`s earnings will be withheld unless he/she can 1) show good cause why it should not be done, or 2) has an alternative arrangement with the FSD or local child support agency and the custodial parent. (Good cause and alternative arrangements concerning earning assignments are specified in state law in Family Code Section 5260).

The employer of the noncustodial parent is served with a court order or a notice of assignment to withhold a specified amount of current support and back child support, with instructions to send the wages to the FSD or local child support agency for distribution. Once a wage assignment is served, the employer must honor it as long as the noncustodial parent remains employed.

An employer may not take more than 50 percent of the noncustodial parent`s disposable earnings unless ordered to do so by the court. The wage assignment order has priority over any other withholding order against the noncustodial parent.

Medical Support

Tue, 29 May 2007 21:19:00 GMT

The FSD or local child support agency will also ask the court to require the noncustodial parent to provide health insurance coverage, including vision and dental care, for the child(ren). The court will order the noncustodial parent to maintain health coverage for the child(ren), if it is available at reasonable cost. In most cases, the cost is considered reasonable if the coverage is employmentrelated group health insurance or other group health insurance. If coverage is not available at a reasonable cost, the court`s order for support will state that the parent must obtain health insurance coverage if it becomes available at a reasonable cost.

Medically Needy Only Cases

Tue, 29 May 2007 21:19:00 GMT

Medically Needy Only is the term used to describe those cases in which the custodial party and/or children are only receiving MediCal benefits and not CalWORKS cash aid payments. These cases are referred to the FSD or local child support agency for the purpose of establishing paternity and obtaining medical support for the dependent children. The custodial party must cooperate with the FSD or local child support agency as a condition of eligibility for MediCal, unless he/she has filed a claim of good cause for not cooperating which the county Welfare Department has approved.

The custodial party must tell the FSD or local child support agency about any other health coverage that they or their children are entitled to, or that they currently have. By law, any right to medical support or payments for medical care from other health coverage that a MediCal recipient may have is automatically assigned to the state. The FSD or local child support agency will also seek to establish and enforce a child support order for the dependent children, unless the custodial party tells the FSD or local child support agency that he/she does not want this service.

Modification Of Child Support Orders

Tue, 29 May 2007 21:19:00 GMT

The noncustodial parent may request that the FSD or local child support agency review his/her case for modification. The amount of the child support may be modified by increasing or decreasing the order or by requiring the noncustodial parent to provide health insurance for the children. See Notice Of The Right To Request A Review. Based on financial and other information that both the custodial parent and noncustodial parent must provide the FSD or local child support agency will determine if a modification for a higher or lower amount is justified. Both parents will be informed of the FSD or local child support agency`s decision.

If the noncustodial parent is laid off from work or is receiving less pay than the amount the child support award was based on, he/she should immediately notify the FSD or local child support agency and request a review for modification of the support order.

If the custodial parent allows the child(ren) to visit or live with the noncustodial parent on a longterm or permanent basis, the noncustodial parent should immediately take action to have his/her support order terminated or modified by the court. The noncustodial parent may request that the order be modified, but he/she should also contact the FSD or local child support agency to schedule an appointment to discuss the situation. As long as there is a current support order requiring the noncustodial parent to pay support, unless the noncustodial parent takes immediate action, he/she may be required to pay support even if the children are living with him/her. For more information about the review process, please see Notice Of The Right To Request A Review.

Modifying Support Orders

Tue, 29 May 2007 21:19:00 GMT

The custodial or noncustodial parent can request that the current support order be reviewed for possible modification to change the amount of support ordered to be paid, or to provide health insurance for the children. Please read the Notice of the right to request a review on the following page for more information.

Both parents have the right to request that their child support order be reviewed for modification. Parents should contact the FSD or local child support agency to obtain the forms necessary to request a review.

My Child's Father Is In The Military, But I Don't Know Where He Is Stationed. Can The Fsd Or Local Child Support Agency Find Him

Tue, 29 May 2007 21:19:00 GMT

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.

My Child's Father Is In The Military, But I Don't Know Where He Is Stationed. Can The Fsd Or Local Child Support Agency Find Him?

Tue, 29 May 2007 21:19:00 GMT

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.

My Children And I Need Financial Assistance Now. The Non-Custodial Parent Left Us 10 Years Ago. Will The Fsd Or Local Child Support Help?

Tue, 29 May 2007 21:19:00 GMT

By law, the FSD or local child support agency must try to find the noncustodial parent. The longer the parent has been gone, the more difficult it may be to locate him/her, but every effort will be made.

My Ex-Spouse Has Remarried And Has Another Family To Support. How Will This Affect The Support That My Children Are Due?

Tue, 29 May 2007 21:19:00 GMT

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 if he/she has responsibility for supporting another child(ren) who is his/her biological or adopted child(ren). You must be notified first and given an opportunity to provide information before your support order can be changed.

My Spouse And I Are Working Out A Joint Custody Agreement. How Would The Court Decide The Amount Of Child Support For Each Of Us?

Tue, 29 May 2007 21:19:00 GMT

That depends on the terms of your agreement. The court will look at each parent`s income and the amount of time each parent has custody of or visitation with the child(ren), See Calculating Child Support, for more information.

Notice Of The Right To Request A Review

Tue, 29 May 2007 21:19:00 GMT

The custodial party and/or noncustodial parent subject to a support order in the state have the right to request that the FSD or local child support agency review the support order to determine if the amount of support should be changed based on statewide criteria. Either parent may request a review every three years. However, the FSD or local child support agency is not required to review an order if:

The order was reviewed for modification within the prior 12 months;
The order was established or adjusted within the prior 24 months; or
One of the parents cannot be located and there is no new information regarding his or her whereabouts.

The FSD or local child support agency will review an order even if it was reviewed or adjusted recently if there has been a significant change in circumstance. In this instance a significant change in circumstance is limited to either a parent becoming involuntarily unemployed, a parent becoming employed or a change in custody. Seasonal or intermittent employment that was considered by the court when establishing the support order does not qualify as a significant change in circumstance. Once the FSD or local child support agency has determined that an order will be reviewed, the review and modification process should be completed within 180 days.

The FSD or local child support agency must attempt to modify an order in any of the following circumstances:

Application of the state`s child support guidelines indicates that the amount of support ordered should be increased by at least $50 or 30 percent, whichever is greater;
Application of the state`s child support guidelines indicates that the amount of support should be decreased by at least $50 or 30 percent, whichever is greater, and the reason for the decrease is expected to last at least six months; or
There is no medical insurance provision in the order and medical insurance is available at reasonable cost to the noncustodial parent.

If the FSD or local child support agency is not required to modify the order, they must provide to either the custodial parent and/or noncustodial parent, upon request, information on how they can get forms to ask the court to increase/decrease the amount of the support order.

Notice To Custodial Parties

Tue, 29 May 2007 21:19:00 GMT

Establishing paternity is an important first step in getting child or medical support. While you are receiving CalWORKS or MediCal, child or medical support collections will be used to reimburse federal, state and county governments for the benefits paid to you.

Opening A Child Support Case

Tue, 29 May 2007 21:19:00 GMT

Before you go to the FSD or local child support agency, try to gather and bring as much of the following information as possible:

Both parent`s:

Full legal name, address and phone number.
Date of birth and most current physical description or photograph of the noncustodial parent.
Social Security Number (you can find this by reviewing old pay stubs, income tax returns, credit or loan applications, bank checking or savings accounts, insurance or health records, or military or union records. If you don`t have one of these documents, but your name was also on the original form you can usually obtain a copy by writing to the appropriate agency.)
Name and address of current or most recent employer.
Child(ren)`s birth certificate(s).
Names of friends and relatives and organizations to which the noncustodial parent might belong.
Information pertaining to income and other assets (pay slips, tax returns, bank accounts, cars, boats, RVs, investments or property holdings).
Child support order, if you have one.
Marriage license or certificate, if you have one.
Divorce decree or separation agreement, if you have one.
Any other information the FSD or local child support agency request.

Other Enforcement Techniques

Tue, 29 May 2007 21:19:00 GMT

Other child support enforcement techniques include: liens, federal and state income tax refund intercepts, unemployment and state disability intercepts, lottery intercepts, writs of execution, contempt proceedings, suspension of professional licenses, driver`s licenses and recreational licenses and also credit approval risk. Specific examples of techniques that may be used are:

Internal Revenue Service Tax Refund Intercept System Intercepts noncustodial parents` federal income tax refunds to pay their pastdue child support.
Franchise Tax Board Tax Refund Intercept System Intercepts noncustodial parents` state income tax refunds to pay their current and pastdue child support.
Unemployment Insurance Benefit Intercept System Intercepts a portion of state unemployment payments owed to noncustodial parents to pay their current and pastdue child support.
Disability Insurance Benefit Intercept System Intercepts a portion of state disability payments owed to noncustodial parents to pay their current and pastdue child support.
Lottery Winners Intercept Intercepts lottery winnings owed to noncustodial parents to pay current and past due child support.
Credit Report System Reports the names of noncustodial parents who have court orders requiring that they pay support, to all major credit reporting companies as good or bad credit risks.
Passport Denial Denies passport applications of noncustodial parents who have ever been submitted into the tax intercept program owing more than $5,000 in pastdue child support.
Financial Management Services Intercept Intercepts federal administrative payments owed to noncustodial parents to pay their current and pastdue child support.
State Licensing Match System (SLMS) Denies permanent stateissued business, professional and driver`s licenses (for example: cosmetologist, contractor, doctor, teacher, attorney, truck driver) to noncustodial parents who owe pastdue child support and apply for a license or a renewal.
SLMS denies these same licenses to noncustodial parents who are four months or more behind in paying support whether or not they are renewing.
SLMS revokes the licenses of any noncustodial parent who fails to continue to comply with an agreement to pay pastdue support in order to obtain a license.
New Hire Registry All employers are required to report all new or rehired employees to the Employment Development Department within 20 days. Matches with the New Hire Registry provide the FSD or local child support agency with early identification when a noncustodial parent becomes employed anywhere in the United States. Once verified, this information is used to establish and enforce wage withholding orders.
Financial Institutions Data Match Identifies and levies any assets held by a financial institution that belong to noncustodial parents who owe pastdue child support.
Statewide Utility Match System By matching the records of utility service providers (gas, electric, and telephone) this system locates addresses for noncustodial parents who owe pastdue child support. Locating a valid address is often an important first step in other enforcement actions such as establishing a wage withholding order.
Assets Match Program Identifies interest and dividend income paid to noncustodial parents who owe pastdue child support.
Workers Compensation Appeals Board Match System Collects workers` compensation lump sum payments owed to noncustodial parents who owe pastdue child support.
Board of Equalization Sales and Use Tax Intercept System Intercepts sales and/or use tax refunds owed to noncustodial parents who owe pastdue child support.
Alaska Permanent Fund Dividend Match Intercepts dividend payments owed to noncustodial parents who owe pastdue child support.
Support Order Registry The Support Order Registry began in October 1998. Currently, support order data resides at the local FSD or local child support agency for cases managed by the District Attorney and similar data is kept in a statewide database for private child support orders. Both custodial and noncustodial parents must update the Support Order Registry when any information changes. Information from this registry will be provided to authorized persons only.

Paternity Opportunity Program (Pop)

Mon, 04 Jun 2007 21:51:22 GMT

Unmarried new parents may sign a paternity form at the hospital immediately following the birth of their child. This form is called a Declaration of Paternity. Signing of this form by both parents will legally establish paternity when it is filed with the state. Parents may also sign a Declaration of Paternity after they leave the hospital. Check with your local FSD or local child support agency for more information or see the POP section of this article.

Personal Property Lien

Tue, 29 May 2007 21:19:00 GMT

A judgment lien on personal property is a lien on all interests in that property that are subject to enforcement of a money judgment, such as accounts receivable, equipment, inventory, chattel paper, farm products, and negotiable documents of title. The lien continues on the proceeds received upon the sale, collection or other disposition of the property subject to the lien.

Real Property Lien

Tue, 29 May 2007 21:19:00 GMT

The District Attorney will record support orders and judgments with the county recorder to create a lien against any real property in that county in which a noncustodial parent has or acquires an interest. Any action by the noncustodial parent to sell or refinance is prevented unless the lien is satisfied in full, or other arrangements are made with the FSD or local child support agency.

Receiving Credit For In-Kind Child Support Payments

Tue, 29 May 2007 21:19:00 GMT

Federal regulations require the FSD or local child support agency to open cases and establish child support orders at the request of either parent. Support payments must be paid to the payee specified in the court order (usually the FSD or local child support agency) for the noncustodial parent to receive credit for payment.

In CalWORKS cases, no credit will be given for payments made directly to the custodial party unless proof of payment can be shown. In nonCalWORKS cases, credit may be given for inkind payments such as purchase of clothing, school supplies, rent, etc., with the custodial party`s agreement. Always keep records and receipts of support you have provided to the custodial parent.

Paying through the FSD or local child support agency is a good way to make sure an accurate record of child support payments is kept. Child support payments should always clearly identify the case number and for whom the payment is made.

The custodial party must report any payment received directly from the noncustodial parent to the agency the court order says should receive it and, if the custodial party receives CalWORKS, to the county Welfare Department.

Statement Of Nondiscrimination

Tue, 29 May 2007 21:19:00 GMT

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, political affiliation, religion, marital status, sex, age, or disability, be excluded from participation or denied the benefits of any program or service or otherwise subjected to treatment that is different than that provided to others.

Each county Welfare Department has a designated Civil Rights Coordinator. Any applicant/recipient who feels he/she has been subjected to discriminatory treatment may file a complaint of discrimination by contacting the designated Civil Rights Coordinator in that county, or by writing to the California Department of Child Support Services, Civil Rights Bureau, at P.O. Box 944243, Sacramento, CA 942442430.

The Child Support Enforcement Program

Tue, 29 May 2007 21:19:00 GMT

The Child Support Enforcement Program, authorized under Title IVD of the Social Security Act, provides services to assist parents in their mutual obligation to financially support and provide health insurance for their children. The county Family Support Division, a component of the District Attorney`s office, is the local child support enforcement agency (Title IVD Office). The Family Support Division is commonly known as the District Attorney`s office, D.A.`s office, the FSD or local child support agency. For the purposes of this work, the county or local office of the Family Support Division will be referred to as the FSD or local child support agency.

Child support payments are used to repay the government for public assistance paid to families, or are sent directly to the family if they are not receiving public assistance.

The Child Support Process

Tue, 29 May 2007 21:42:22 GMT

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.

The Fsd Or Local Child Support Agency Does Not:

Tue, 29 May 2007 21:19:00 GMT

Handle custody or visitation matters.
Handle divorces.
Obtain or enforce restraining orders (The agencies that provide these services vary from county to county. Consult your telephone directory under the county government listing for more information).
Establish spousal support orders (unless it is a UIFSA case).

Any parent or guardian can apply for child support services by visiting or calling the local FSD or local child support agency listed in the county government section at the front of most local telephone directories under District Attorney. The Welfare Department will automatically refer parents who receive public assistance to the District Attorney. There is no application fee or charge for child support services in California. However, some states do charge for services.

The Fsd Or Local Child Support Agency Provides The Following Services:

Tue, 29 May 2007 21:19:00 GMT

Locating parents (for purposes listed below).
Establishing paternity.
Establishing, modifying and enforcing a court order to pay child support.
Collecting and distributing child and spousal support payments.
Establishing and enforcing medical support (including dental and vision care) and family support orders.

The Non-Custodial Parent And The Child Support Process

Tue, 29 May 2007 21:19:00 GMT

Noncustodial parents, or parents who currently do not have primary physical custody of their child(ren), have an important role in the child support process. This section helps explain their role and answers some of their most commonly asked questions.

The Other Parent Is In Jail. Can I Get Support?

Tue, 29 May 2007 21:19:00 GMT

Unless he/she has assets, like property or income from an outside source or from a workrelease program, it is unlikely that support can be collected until he/she gets out of jail and receives income or acquires property.

Wage Assignments And Deductions For Health Insurance

Tue, 29 May 2007 21:19:00 GMT

All orders for child support must include a wage and earnings assignment requiring the noncustodial parent`s employer to deduct child support payments from the noncustodial parent`s salary or wages. An order to deduct health insurance premiums for the child(ren) may also be ordered.

What Are The Grounds For Divorce In The State Of California?

Tue, 29 May 2007 21:45:22 GMT

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 there to be irreconcilable differences that have cause an irrevocable breakdown of the marriage. This means that if a married person wishes to terminate the marriage, he/she can do so, even if the other spouse disagrees.

What Does It Mean To Assign My Support Rights?

Tue, 29 May 2007 21:19:00 GMT

CalWORKS and MediCal recipients must assign their support rights. When you assign your support rights to the county, you are giving the county the right to keep any child and spousal support and medical support money that was owed to you at the time you began receiving public assistance and any money it collects for you. The county will use that money to pay back any CalWORKS payments, foster care payments or MediCal services given to you or paid on behalf of your child. Any support money collected that is more than the CalWORKS benefits you receive will be paid to you.

Parents of children placed in foster care do not assign their support rights. When a child is placed in foster care, his/her support rights are automatically assigned to the state under law. Support that is collected and in excess of the aid paid for a foster care child is placed in trust or used in the best interest of the child as determined by the county Welfare Department.

Regardless of whether you agree or not, support rights are assigned by operation of law when you and /or your child(ren) receive CalWORKS and/or MediCal. If you do not agree to assign your support rights you will not get any CalWORKS money or MediCal benefits for yourself. Your child(ren) will still be able to get a smaller CalWORKS grant and MediCal, but instead of sending the check to you, the county may have another person manage the payments to meet your child(ren)`s needs.

What Does It Mean To Cooperate With The Fsd Or Local Child Support Agency?

Tue, 29 May 2007 21:19:00 GMT

To cooperate means you must provide any information or documents needed by the FSD or local child support agency to establish paternity and/or locate the other parent, and to get support payments for your child. If you are receiving CalWORKS and/or MediCal and you do not cooperate with the FSD or local child support agency, you must have good cause for not doing so. Good cause means you must have a legally acceptable reason for not cooperating with the FSD or local child support agency such as the probability of physical or emotional harm to you or your children.

What Happens After Paternity Is Established?

Tue, 29 May 2007 21:19:00 GMT

Once paternity is established, the FSD or local child support agency will establish a support order, in most cases.

What Happens During An Interview With The Fsd Or Local Child Support Agency?

Tue, 29 May 2007 21:19:00 GMT

You will be asked to provide information about yourself and the other parent. See information you can provide to help your case under Opening a Child Support Case.

What Happens If The Father Leaves The State Before Paternity Is Established?

Tue, 29 May 2007 21:19:00 GMT

If the alleged father is found and served a formal complaint, the local court will make a decision on the paternity question. At the same time, a court order to pay child support may be issued. This order can be enforced by any state. However, enforcement may take longer when the noncustodial parent lives outside of California.

What If He Denies He Is The Father, Or Says He's Not Sure?

Tue, 29 May 2007 21:19:00 GMT

Paternity may be determined after genetic tests are given to the mother, the child and the 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.

What Information Must The Other Parent Or I Provide To The Fsd Or Local Child Support Agency?

Tue, 29 May 2007 21:19:00 GMT

See Opening a Child Support Case for a list of information you must provide to help your case. When you apply for/receive child support services, you must promptly inform the FSD or local child support agency 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

What Is An Annulment?

Wed, 25 Jun 2008 22:57:36 GMT

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 and there are very limited grounds upon which this can be granted. The most common ground is bigamy. Property division may or may not be different than it would be in divorce, depending upon your circumstances and whether or not you knew of the grounds for annulment when you entered (or remained in) the marriage. (Annulment is also sometimes called nullity.)

What Is Community Property?

Tue, 29 May 2007 21:49:04 GMT

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 as anything acquired by a spouse before the marriage, or during the marriage by gift, devise or bequest. The law requires that the community estate be divided equally if there is no written agreement to the contrary. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive 1/2 of the net community estate.

What Is Paternity?

Tue, 29 May 2007 21:19:00 GMT

Paternity means fatherhood. Establishing paternity is the process of determining the legal father of a child. When parents are married, in most cases, paternity is established without legal action. If parents are unmarried, paternity must be established by other means. Both parents should start the process as soon as possible for the benefit of the child.

Until paternity is established, the father does not have the legal rights or responsibilities of a parent. Establishing paternity is necessary before custody, visitation and child support may be ordered by the court. (Note: custody and visitation issues are handled separately from child support). A permanent child support order cannot be established for a child until either the alleged father admits paternity or it is proven that he is the father. If the man does not admit that he is the father, the court may order the mother, child and alleged father to provide a blood sample for genetic testing.

What Should I Do If I Am Planning To Move To Another State?

Mon, 04 Jun 2007 21:51:22 GMT

Inform the FSD or local child support agency whenever you move, whether you move across the street, to another state or to another country. The FSD or local child support agency will tell you what you need to do to make sure you still receive child support services in your new location.

What Steps are Necessary to Enter a Valid Premarital Agreement in California?

Sun, 12 Jul 2009 02:02:10 GMT

The California Uniform Premarital Agreement Act requires that premarital agreements be in writing and signed by both parties. In order to be valid, the agreement must be made voluntarily by both parties and not be unconscionable. Both parties must provide fair and reasonable disclosure of their property and financial obligations to the other party. The agreement becomes effective once the parties are legally married. California state law is specific as to the matters which may be included in the agreement. A premarital agreement may be amended once the parties are married if both parties agree to the amendment in writing.

What The Fsd Or Local Child Support Agency Needs To Establish Paternity When The Alleged Father Does Not Cooperate

Tue, 29 May 2007 21:19:00 GMT

The FSD or local child support agency needs as much information as possible about the alleged father including:

Facts about the mother`s relationship with him, her pregnancy and the child`s birth;

Whether or not the alleged father ever provided any money for the child;

Whether or not the alleged father ever admitted in any way that the child was his (for example: through letters or gifts);

A picture of the alleged father with the child, if available;

Any information from others who could confirm the mother and alleged father`s relationship;

His home and business address;

Names and addresses of his previous employers;

Whether or not the child was conceived in California, and the child ever lived in California

When A Custodial Parent Assigns His/Her Right To Support.

Tue, 29 May 2007 21:19:00 GMT

Effective October 1, 1998, a condition of receiving CalWORKS benefits, the custodial party temporarily assigns to the county all support owed prior to receiving aid and permanently assigns to the county support that is owed while on aid. The assignment of support rights continues as long as a family is receiving aid. If you were on aid before October 1, 1998, support that was assigned to the county remains assigned after October 1, 1998. Once the family is no longer aided, the temporary assignment ends, except when a federal tax intercept collection is made.

By law, CalWORKS recipients must cooperate with the FSD or local child

When The Action For Child Support Is Served

Tue, 29 May 2007 21:19:00 GMT

When the FSD or local child support agency brings a legal action against the noncustodial parent for child support, he/she may discuss the matter with a FSD or local child support agency representative by calling or visiting the FSD or local child support agency. A telephone number and address will be provided with the papers that are served on the noncustodial parent.

Remember that the District Attorney does not represent the noncustodial parent, custodial party, the child(ren) in the case, or any other individual. The District Attorney represents the public interest in all cases.

Why Should Paternity Be Established If The Father Has No Money To Support The Child?

Tue, 29 May 2007 21:19:00 GMT

When the father starts working, he will be able to support the child. Establishing paternity as soon as possible will make collecting child support easier later on.

Your Legal Relationship With The Family Support Division

Tue, 29 May 2007 21:19:00 GMT

The FSD or local child support agency does not represent either parent or the child(ren), and its attorneys are not your attorneys. Because you are not a legal client, the information you provide is not confidential under the attorney/client privilege. The information in your case may be discussed or disclosed to other public agencies that are authorized by law to receive such information, the other parent`s employer and to the other parent or his/her attorney to the extent required by law.

By law, the FSD or local child support agency has the final decision on what child support enforcement actions will be taken, even if the custodial parent disagrees. Parents have the right to seek legal advice from a private attorney or legal aid group at their own expense at any time.

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