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1. As soon as
the other parent is notified about enforcement, he/she moves. How will I
ever be able to collect child support? |
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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 the information to Child Support Services (DCSS) as soon as
possible. Federal legislation now enables prosecution of a non-custodial
parent if that parent lives in another state, territory or possession of
the US, and if the case meets certain other criteria.
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2. I have a
California support order. The non-custodial parent now lives outside of
California. I know he/she has land and other assets in California. Can
DCSS help me collect on the past due amount? |
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Yes. The fact that the non-custodial parent now lives somewhere else
does not prevent DCSS from reaching his/her assets in California.
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3. I have a
California support order. The non-custodial parent now lives outside
of California. I asked DCSS to try to help me collect support. The judge
in that state lowered the payment amount. Is that legal? |
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No. New federal
law known as the Full Faith and Credit for Child Support Orders Act allows
only one state to retain jurisdiction of a child support case. Therefore,
as long as the order was issued in California, and California retains
jurisdiction, the court of the other state cannot modify the order.
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4. Can paternity
be established for my child if the father lives in another state? |
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Yes. But it is difficult to establish paternity
across state lines because laws in most states are different. Frequently,
genetic tests will be ordered to help the court in the other state
determine paternity.
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5. What should I
do if I am planning to move to another state? |
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Inform DCSS
whenever you move, whether you move across the street, to another state or
to another country. DCSS will tell you what you need to do to make sure
you still receive child support services in your new location.
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6. My child's
father is in the military, but I don't know where he is stationed.
Can DCSS find him? |
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Yes. Current
address information for military personnel may be obtained from the
federal government. If you know what branch of the military the
non-custodial parent is in, it will help.
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1. I am sure the
other parent is willing to pay support. Can we make an agreement between
ourselves and present it to the court? |
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If you do not
receive TANF, you and the other parent may work together with DCSS, a
lawyer or on your own to work out an agreement. If the child(ren) receives
TANF or foster-care payments, DCSS 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.
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2. 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? |
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That depends on
the terms of your agreement. The court will look at each parent's ability
to pay, the needs of the child(ren) and the amount of time both parents
have custody of or visitation with the child(ren).
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3. My ex-spouse
has remarried and has another family to support. How will this affect the
support that my children are due? |
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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 because he/she has the responsibility for
supporting other child(ren). You must be notified first and given an
opportunity to provide information before your support order can be
changed.
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4. Can the other
parent be required to include our child(ren) under the group health
insurance available where he/she works? |
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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 TANF and
non-TANF cases.
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5. The other
parent is in jail. Can I get support? |
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Unless he/she
has assets, like property or income from an outside source or from a
work-release program, it is unlikely that support can be collected until
he/she gets out of jail and receives income or acquires property.
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1. What if he
denies he is the father or says he's not sure? |
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Paternity may be determined after genetic tests are given to the mother,
the child and the alleged father. The Salinas office of DCSS has a
genetic testing facility on site for these services. Test results are
available in 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.
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2. Is there an
age limit for the genetic tests to be done on a child? |
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No. Children of
any age may be tested, although some laboratories will not take genetic
samples from an infant six months of age or younger. The Salinas DCSS
operates an on-site genetic testing facility using buccal swabs (a Q-tip
applied to the inside of the cheek) for cell collection.
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3.
Despite the
genetic tests, the alleged father still says he is not the father.
Will the case be closed? |
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No. If the
genetic tests show that it is likely that he is the father, the matter
will be set for hearing or trial and paternity will be decided. If the
issue of paternity is to be tried, then DCSS will have to do additional
investigation to prepare for trial. Once DCSS believes that it is prepared
for trial, it will request that the court set the date for the trial. This
process could take from a few weeks to more than a year, depending on the
circumstances of the case.
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4. What happens
if the father leaves the state before paternity is established? |
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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 non-custodial parent lives outside of
California.
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5. Why should
paternity be established if the father has no money to support the child? |
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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.
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6. What happens
after paternity is established? |
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Once paternity
is established, DCSS will establish a support order, in most cases.
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7. Can paperwork
be filed to establish paternity while the mother is pregnant, before the
child is born? |
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Yes. The
paperwork may be filed during the pregnancy. If the alleged father denies
that he is the father, paternity can be determined by genetic tests after
the child is born. Arrangements for the genetic test can be made with your
doctor, or genetic test can be done through DCSS.
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| Temporary
Assistance for Needy Families (TANF) and Medically Needy Only Case FAQs |
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1. I am applying
for TANF and/or Medi-Cal. Do I have to personally ask the other parent for
child support? |
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No. DCSS will
contact the non-custodial parent. As a condition of eligibility for TANF
and/or Medi-Cal, you must cooperate with DCSS in getting child support
and/or medical support from the other parent by providing as much
information as you can.
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2. What does it
mean to "cooperate" with DCSS? |
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To "cooperate"
means you must provide any information or documents needed by DCSS to
establish paternity and/or locate the other parent, and to get support
payments for your child. If you are receiving TANF and/or Medi-Cal and you
do not cooperate with DCSS, you must have "good cause" for not doing so
"Good cause" means you must have a legally acceptable reason for not
cooperating with DCSS such as the probability of physical or emotional harm
to you or your children.
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3. What happens
during an interview with DCSS? |
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You will be
asked to provide information about yourself and the other parent. It
is important you provide all the information requested, if you have access
to it (name, address, employer, Social Security number, date of birth,
etc.).
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4. What does it
mean to "assign" my support rights? |
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Only TANF
recipients, Medi-Cal recipients, or the parent(s) of a child placed in
foster care 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 received public assistance and any money it collects
for you. The county will use that money to pay back any TANF payments,
foster care payments or Medi-Cal services given to you or paid on your
behalf of your child. Any support money collected that is more than the
TANF benefits you receive will be paid to you. Regardless of whether you
agree or not, support rights are assigned by operation of law when you
and/or your child(ren) receive TANF and/or Medi-Cal. If you do not agree
to "assign your support rights", you will not get any TANF money or Medi-Cal
benefits for yourself. Your child(ren) will still be able to get a smaller
TANF grant and Medi-Cal, but instead of sending the check to you, the
county may have another person manage the TANF payments to meet your
child(ren)'s needs.
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5. If DCSS
cannot find the non-custodial parent, does that mean I cannot get TANF or
Medi-Cal benefits? |
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No. As long as
you have cooperated with DCSS, TANF payments and Medi-Cal benefits will be
available to you while DCSS tries to find the non-custodial parent.
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6. What
information must I or the other parent provide to DCSS? |
When you apply
for/receive child support services, you must promptly inform DCSS of any
changes of information or circumstances in your case. Some examples are:
·
address and telephone number changes
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name change
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initiation of any divorce or legal proceedings
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new information regarding the non-custodial parent
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direct receipt of any child and/or spousal support
·
direct receipt of payment from any other health coverage
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Last updated on
08/31/2009 |
