Monterey County Department of Child Support Services

1. As soon as the other parent is notified about enforcement, he/she moves. How will I ever be able to collect child support?

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. top      bottom

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?

Yes. The fact that the non-custodial parent now lives somewhere else does not prevent DCSS from reaching his/her assets in California. top      bottom

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?

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. top      bottom

4. Can paternity be established for my child if the father lives in another state?

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. top      bottom

5. What should I do if I am planning to move to another state?

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. top      bottom

6. My child's father is in the military, but I don't know where he is stationed.  Can DCSS find him?

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. top      bottom

7. Who can get help from a Local Child Support Agency?

Parents, guardians, and caretakers of minor children can receive services from a local child support agency regardless of marital status, income, and whether or not they are receiving public assistance. top      bottom

8. How do I open a child support case?

Applications for service are available at the local child support agency in your county of residence. Applications are also available on-line. Completed applications with an original signature can be mailed, or dropped off at the local child support agency to be processed. top      bottom

9. How is the amount of child support determined?

Child support is determined using guidelines established by California law. Child support guidelines are based on each parent’s monthly income and the amount of time the child is cared for by each parent. top      bottom

10. I would like to spend more time with my child. Can the local child support agency change the visitation schedule?

No. The local child support agency only handles matters related to child support. Custody and visitation issues must be addressed through the courts. Every county has a Family Law Facilitator at the courthouse to provide child support information and assistance to parents. Family Law Facilitators help parents obtain and complete court forms and all services provided are free of charge. top      bottom

11. How can I find out more information about the child support program?

The Department of Child Support Services (DCSS) has pamphlets about the program and available services at the following link DCSS Publications top      bottom

12. Is my child support case open to the public?

No. Child support case information is not open to the public, but court files may be public record. top      bottom

13. My ex-spouse has remarried and has another family to support. How does this affect the support owed to our children?

The amount of the child support order may be decreased if the other parent also must support children from another relationship. top      bottom

14. What happens when the noncustodial parent has money to pay child support but still won’t pay?

Individuals can assist local child support agencies by providing any information they have about the noncustodial parent’s (NCPs) whereabouts, income, and assets such as homes, cars, etc. The court may find a NCP in contempt of court if that parent has the ability to pay but is willfully not paying the child support. This enforcement tool is used only when all others have failed. top      bottom

15. May I look at the payment records?

Yes. Both the custodial party and noncustodial parent may view the records of all payments made. If you think the local child support agency made a mistake, you have the right to ask for a review. top      bottom

 

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?

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). 4top      4bottom

 

3. My ex-spouse has remarried and has another family to support. How will this affect the support that my children are due?

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. 4top      4bottom

 

4. Can the other parent be required to include our child(ren) under the group health insurance available where he/she works?

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. 4top      4bottom

 

5. The other parent is in jail.  Can I get support?

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. top      bottom

6. I am a noncustodial parent. What should I do when I get a Summons and Complaint?

You have 30 days to respond (file an Answer) to the Summons and Complaint. The Answer document you file is included with the Summons and Complaint. Complete the Answer document and file it with the Superior Court clerk within 30 days. You may call the local child support agency or Family Law Facilitator. top      bottom

7. What if a noncustodial parent ignores or forgets about the Summons and Complaint?

If the noncustodial parent does not respond to the Summons and Complaint, the court will set the amount of child support based on the information it has from the local child support agency and the custodial party. top      bottom

 

9. I am a noncustodial parent, but my child lives with me now. Can I change the child support order?

Yes. When there is a change in visitation or custody of the child, you can either go to court and ask for a change in the child support order, or you may ask the local child support agency to modify the court order. You may be able to reduce child support payments or begin receiving child support from the other parent. top      bottom

 

Paternity FAQs

1. What if he denies he is the father or says he's not sure?

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. top      bottom

 

2. Is there an age limit for the genetic tests to be done on a child?

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. top      bottom

 

3. Despite the genetic tests, the alleged father still says he is not the father.  Will the case be closed?

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. top      bottom

 

4. What happens if the father leaves the state before paternity is established?

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. top      bottom

 

5. Why should paternity be established if the father has no money to support the child?

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. top      bottom

 

6. What happens after paternity is established?

Once paternity is established, DCSS will establish a support order, in most cases. top      bottom

 

7. Can paperwork be filed to establish paternity while the mother is pregnant, before the child is born?

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. top      bottom

1. I am applying for TANF and/or Medi-Cal. Do I have to personally ask the other parent for child support?

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. top      bottom

 

2. What does it mean to "cooperate" with DCSS?

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. top      bottom

 

3. What happens during an interview with DCSS?

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.). top      bottom

 

4. What does it mean to "assign" my support rights?

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. top      bottom

 

5. If DCSS cannot find the non-custodial parent, does that mean I cannot get TANF or Medi-Cal benefits?

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. top      bottom

 

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 ·        name change ·        initiation of any divorce or legal proceedings ·        new information regarding the non-custodial parent ·        direct receipt of any child and/or spousal support ·        direct receipt of payment from any other health coverage top      bottom

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Last updated on 10/26/2011