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The Court's Role in Child Support
The Court Commissioner or Family Law Judge has the authority to decide the amount of child support to be paid and who will be responsible for making those payments, absent stipulation. The Department of Child Support Services may ask the court to issue a new support order or modify an existing order to either decrease or increase child support.
The support order may be part of an interim, temporary, permanent, or modified court order in a: divorce, paternity action, child custody action, or separate child support action. The court generally orders the parent not residing with the child to provide support for the child who is living with the other parent. The court sets the amount of child support and medical support.
If you already have a child support order the Department will enforce that order. If you don’t have a support order but have an existing family law court file, the Department can act on your behalf and request a support order. If no prior court action exists, the Department will begin the process with a Summons and Complaint.
Child Support Law
California child support services are governed by various sections of the California Family Code including sections 17000 and thereafter. State regulations that operate the child support program can be found in Title 22, California Code of Regulations sections 110000 and thereafter, available on the Internet at www.calregs.com.
Step-by-step------the court process
- The Department files a Summons and Complaint
- The Department serves the Obligor (parent without physical custody)
- The Obligor responds within 30 days to the Summons and Complaint
- The Obligee (parent with primary physical custody) and Obligor submit Income and Expense Declaration
- The Obligee and Obligor agree on support, or appear in court
- The court sets the child support amount and issues the child support order and wage withholding order
The Summons and Complaint
The court process begins when the Department files a Summons and Complaint with the court to get a child support order. The Summons and Complaint and a blank Answer form are delivered to the parent being asked to pay child support. This is generally done within days of locating the parent. The person who is served a Summons and Complaint must respond within 30 days. It is critical that the person served respond within 30 days in order to have their income information considered by the court. If the person served does not respond in writing within 30 days, the court will set child support with the information it has. If the court has no information regarding the Obligor’s income, under California law (California Family Code Section 5002 and 17400), the court must set the amount of support using presumed income. The presumed income amount is based on the minimum wage at 40 hours per week. If the Obligor agrees, the Department can prepare an agreement (stipulation) using the same child support guidelines the court uses. The court usually approves this agreement without requiring the Obligor to come to court.
Child Support Guidelines
In California, child support is determined using the guidelines established in state law (California Family Code sections 4050 and thereafter). Child support guidelines are based on various factors, including monthly net income of both parents and the amount of time the child spends with each parent.
The court reviews child support agreements to make sure the guidelines are applied correctly and the child support amount is appropriate. In some cases, the court may decide not to use the income guidelines to determine the amount of child support.
Important: When parents have joint physical custody, shared custody, or spit custody of a child, the determination of child support is complicated. For more information, see the California Guideline Child Support Payment Calculator.User Guide available on the Internet at www.childsup.ca.gov/calculator/.
| Key Definitions |
Alleged Father
A man who is not yet legally determined as the child’s father.
Complaint
A complaint is defined as the formal written document filed in a court whereby the person initiating the action sets for the names of the parties, the allegations, and the request for relief sought. The initial pleading is sometimes called the petition.
Stipulation
An agreement between the parties to an action. All Department of Child Support Services (DCSS) Agency stipulations are submitted to the court. the court generally accepts the terms of the agreement and makes an order.
Service of Process
“Service of Process” is defined as the delivery of a writ or summons to the party to whom it is directed for the purpose of obtaining jurisdiction over that party and providing notice.
Summons
The summons notifies the alleged obligor that a lawsuit has been filed against him/her and advises the alleged obligor of their rights.
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| Resources |
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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.
Placer County
Family Court Clinic
11546 B Ave, Auburn
(530) 889-7465
Monday through Friday,
9 AM - Noon
There is also self-help available at:
http://www.courtinfo.ca.gov/selfhelp/
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