1. Case Opening & Understanding Child Support

2. What Is Child Support?   The ongoing monetary payments needed to cover a child’s living and medical expenses.   Both parents have a legal duty to provide financial support for their children.

3. Can Ask For Child Support? Who Can Ask For Child Support?   Parents   Legal Guardians   Caretakers

4. What Services Are Provided?   Your local child support agency can:   Establish paternity (fatherhood)   Locate absent parents   Establish child and medical support orders   Enforce child and medical support orders   Modify existing child support orders   Enforce spousal support orders when child support is included in the order

5. What Services Aren’t Provided?   Your local child support agency can’t:   Establish a divorce   Establish custody orders   Establish visitation orders   Establish restraining orders   Establish spousal support orders

6. How Do I Open A Case?   There are 2 ways to open a case:   Complete an application.   If you receive public assistance (CalWORKs, or Foster Care), your local child support agency will receive an automatic referral to open a case.   If you receive Medi-Cal only and would like child support services, you will need to complete an application.

7. Where Do I Get An Application?   There are many ways to get an application:   Ask us for a hardcopy.   Print a hardcopy from our Solano DCSS website or the California DCSS website.   Use TurboCourt to complete an online application.   Use SOLA to complete an online application.

8. Websites   Solano DCSS Website: http://www.solanocounty.com/depts/dcss/open.asp   TurboCourt https://turbocourt.com   California DCSS Website: https://www.childsup.ca.gov/Resources/ApplyForServices /tabid/72/Default.aspx

9. What If The Other Parent Lives In Another State?   The Uniform Interstate Family Support Act (UIFSA) is a law that requires all states (and some foreign countries) to cooperate with each other to establish and enforce child support orders.   A new order can be established, or an existing order can be enforced.   Laws can vary from state to state, but the UIFSA law helps states work together.

10. What Information Should I Provide?   Provide as much information as possible about you, your minor child(ren) and the other parent.   Full legal names and any other names used   Dates of birth   Birth certificates   Marriage information   Social Security Numbers

11. Information continued   Addresses   Employment information, including employment history   Tax Returns   Income and assets (property, cars, boats)   Child support payment records   Copies of all existing court orders (temporary or final), including child support orders, legal divorce documents, visitation orders, restraining orders, and any other orders involving your child(ren)

12. How Do I Know My Case Is Open?   Once your application is received, your case will be opened within 20 calendar days.   You will receive a case opening packet which contains your case number and additional forms to complete.   You will receive a phone call.   The non-custodial parent will receive a packet and phone call too.

13. Once A Case Is Open, What Happens?   The first step is to locate the noncustodial parent (parent not residing in the home with the child).   Current address   Identify any income/assets   Once the noncustodial parent is located, the legal process begins.

14. What Is The Legal Process?   A legal document called a Summons and Complaint is generated by our office and filed with the court.   The Summons is a civil lawsuit and is used to inform the noncustodial parent what actions are being requested.   Paternity   Child Support   Medical

15. What Is The Legal Process cont’d   Also attached is a legal document called a Proposed Judgment.   The Proposed Judgment explains what the local child support agency is asking the court to order.   The Proposed Judgment will list the amount of support requested and the date support is to begin.

16. How Is The Amount Of Support Determined?   The court uses a “Statewide Uniform Guideline formula” called a Guideline Calculator.   Some factors used to calculate support are:   Number of children   Income (both parents)   Time spent with each parent   Mandatory payroll deductions (union dues, medical, etc)   All calculations are done on a case-by-case basis.

17. How Are The Legal Documents Delivered?   The filed documents are served to the noncustodial parent.   Personal service (handed directly).   Sub-service (handed to someone else in the household over the age of 18).   Service by mail (must sign special forms to acknowledge the legal documents were received).

18. What Happens After Service?   The noncustodial parent has 30 days from the date he/she was served to respond.   Response options are:   File an answer (court hearing)   Sign a stipulation (voluntary court order)   Request genetic testing   Hire an attorney   Get free legal help (Family Law Facilitator – aka Solano Legal Access Center)

19. What Happens If There Is No Response?   If the noncustodial parent does not respond to the legal papers, he/she will be considered the legal parent and may be ordered to pay child support and/or medical support.

20. How Is Paternity Established?   Paternity can be established in 3 ways:   Marriage – It is presumed that a husband is the legal father of a child if the child was conceived within the marriage.   Declaration of Paternity (POP Dec) – A legal form signed by unmarried parents to establish the issue of paternity.   Court order – filed document that establishes legal fatherhood.

21. Why Is It Important To Establish Paternity?   The benefits to the child are:   Knowing who both parents are   Legal documentation of parents   Father’s name can be added to the birth certificate   Support from both parents   Access to family medical history   Health insurance coverage, if available   Right to inherit from either parent   Right to receive Social Security or Veteran’s benefits, if available

22. What Is Genetic Testing?   Genetic testing is the method of obtaining medical proof of paternity (fatherhood).   Either parent or the local child support agency can request a genetic test, if applicable.   Paternity must be in question to request a genetic test.

23. What Is Genetic Testing cont’d   A Genetic Test Stipulation (formal request) is signed by the requesting party.   Alleged father, mother, and child are scheduled for an appointment.   DNA sample is taken from all parties (swab the inside of the mouth).

24. What Is Genetic Testing cont’d   Results received 3-4 weeks after all DNA samples received.   Results are mailed to parties.   DNA results themselves do not legally establish paternity.

25. What Happens After The Order Is Established?   The enforcement process of the support order begins.   Immediate enforcement actions:   Income Withholding Order   National Medical Support Notice   Real property liens   Credit reporting

26. What Is Income Withholding?   A notice is sent to the employer requiring them to make a deduction from the noncustodial parent’s paycheck to pay child, spousal, and/or medical support.   The amount of withholding is based on the most recent court order.   The amount of withholding can be increased if past due support is owed.

27. What Is Income Withholding cont’d   Income withholding will continue until there is no longer any child support or arrears owed.   In most cases, an employer cannot withhold more than 50% of net wages.   It is against the law for an employer to fire an employee because of Income Withholding.

28. What Is A National Medical Support Notice?   Similar to an Income Withholding Order, it requires the employer of the noncustodial parent to enroll the child in any health insurance available.   Plan must be offered through the employer   Must be at a “reasonable cost”

29. What Are Some Other Enforcement Actions?   Intercepts   Federal/State tax refunds & lottery winnings   Unemployment & disability (up to 25%)   License suspension & revocation   Passport Denial   Seek work orders   Seize bank accounts & property   Criminal actions (go to jail)

30. How Are Child Support Payments Collected And Processed?   The payments are collected and processed at one location – the State Disbursement Unit (SDU).   The SDU has a variety of options available for how parents receive child support payments.   Direct Deposit   Electronic Pay Card (EPC)   Standard Bank Check   SDU Website: www.casdu.comwww.casdu.com

31. Payments continued   If you are receiving public assistance, only the first $50 of child support collected each month goes to the custodial party.   The rest is used to pay back public assistance.

32. Help Us Help You!   Contact your local child support agency when:   Change of address/phone number   Email address   Changes in employment/income   New children or child emancipates   New court order for child support or medical   New or terminated health insurance   New cash aid or medical status   Incarceration, disability, or rehab

33. Help Us Help You!   Help keep your case information current and your support order accurate.   Take advantage of the new Customer Connect by using the self-service options.   Check your case on-line or by phone 24 hours a day / 7 days a week.   www.childsup-connect.ca.gov www.childsup-connect.ca.gov   866-901-3212