California Conference on Self-Represented LitigantsJune 9-10, 2011

Kristen Erickson-Donadee, Sierra Nevada Regional DCSS and California Department of Child Support Services

OutlineIntroduction to the Child Support ProgramWhy is it important to help SRLs through the

child support process?The Life of a Case:

Case OpeningEstablishmentEnforcement

MiscellaneousModificationComplaint Resolution and State Hearing

IV-D Program GenerallyWhy is it called the IV-D Program?

United States Code, Title 42, Chapter 7 (Social Security Act) Title IV – Grants to States for Aid and Services to

Needy Families with Children and for Child-Welfare Services Part D – Child Support and Establishment of Paternity

Related programs:IV-A: Block Grants to States for Temporary

Assistance for Needy FamiliesIV-E: Federal Payments for Foster Care and

Adoption Assistance

In California:Includes:

State Department of Child Support Services (DCSS)

Local Child Support Agencies (LCSAs)IV-D CommissionersFamily Law Facilitators

Related Law and PolicyFederal:

StatutesRegulations

California:Statutes

See Family Code, Division 17Regulations

CCR, Title 22DCSS Policy Letters

www.childsup.ca.gov/ChildSupportProfessionals/Policies/CSSLetters/tabid/95/Default.aspx

California Child Support MissionEnhance the well-being of children and the

self-sufficiency of families by providing professional services to:Locate parentsEstablish parentageEnforce orders for financial and medical

support

Child Support Organization in CAState Department of Child Support Services

(DCSS)Oversees operations including contracts for

court (Commissioner and FLF) services;Oversees local departments;Manages sharing of funding for locals

Local Child Support Agencies (LCSAs)52 LCSAs with 74 offices statewideHandles day-to-day management of cases

How to Contact Child Support ServicesLCSAs in every county; locations vary, but

some are very near the courthouseOne phone number gets all LCSAs:

866-901-3212Website with information and application:

www.ChildSup.CA.GovGet to know your LCSA so you know how best

to refer self-represented litigants for specific assistance needs

State Disbursement UnitAll payments must be routed through the

SDU. Even a payment sent to the LCSA must be sent

by them to the SDU for processing. Parents or Employers may pay by check, credit

card, money order, bank debit.Parents may receive support by check, direct

deposit, or Electronic Payment Card (EPC).

Why is this Important to Me?Family Law resources are limitedFamily Law is complicated and has lasting,

meaningful impact on peoples’ livesMajority of family law litigants are self-

representedChild support is one area where free, ongoing

services are availableCustomer base overlaps; knowing what

LCSAs are doing helps you to serve your customers better

Life of a CaseCase OpeningEstablishmentEnforcementCase Closure

Services Available: Establishment of Parentage and SupportEnforcement of Child Support

Also spousal support, but only in connection with a child support order

Includes automatic and other intercepts, such as UIB, SDI, IWO, bank levy

Credit reporting, license and passport suspension and denial

Extraordinary enforcement where appropriateModification of SupportRecord retention

Payment history maintained by LCSA

Case Opening: Why is the LCSA involved? Full IV-D services are being utilized

Referral from aid agency (IV-A or IV-E); Direct application (non-aid); orInterstate/interjurisdictional petition

Minimal IV-D services are being utilizedCase Registry Form (FL-191) for State Registry“Non IV-D” case is opened

Income Withholding Order (IWO) paid through State Disbursement Unit (SDU)

Case AssessmentExisting Order

Notice Regarding Payment of Support (NRPS)Within the countyOutside the county

Registration of Foreign Order (ROFO)

No Existing OrderLCSA seeks to establish a new order

Summons & ComplaintS&C package is generated, generally by

caseworker and reviewed by Legal staffS&C filed with courtPre-service notice is sent to NP

This is the NP’s opportunity to avoid personal service by Sheriff or Process Server

Service on NP

Respond or DefaultAnswer to S&C is due in 30 daysDefault will be taken if Answer not filedMay request Genetic Testing informally, but

encourage to file Answer for most protectionDitto for disputes regarding income, timeshare,

or other inputs. If no legal presumption of paternity or POP

exists, the LCSA will arrange (free!) genetic testing if requested.

Motion for Judgment will be filed by LCSA if Answer filed by NP.

Paternity Opportunity ProgramVoluntary Declaration of Paternity (POP)

Family Code §§ 7570-7577Offered at the hospital to unmarried mother. May be witnessed by hospital staff, LCSA staff,

FLF, or other witness with notarized signature. Forwarded to the State DCSS for filing. Carries the weight of a judgment of paternity

when filed. Notice is included with materials

Waiver of rightsRescind within 60 days

Set Aside of POPUpon motion within timeframe (2 years from

birth), genetic tests may be ordered. POP may be set aside if genetic tests

excluded POP father, but the court must take the best interest of the child into consideration, including:Age of child,Length of time since execution of POPNature, duration, and quality of any

relationship between the man and the child.

Amount of SupportPublic policy

FC 4053: Parent’s first responsibility is to support child

Guideline formulaGross income (FC 4058)

Proof includes: I&E, Information from CP, Automated information from EDD or New Hire Directory, Presumption of Income, or Earning Capacity

Hardships and Deductions: Provide credible proofTimeshare

Based on actual visitation regardless of court orderRebuttable presumption

FC 4057

Commencement DateInitial orders retroactive to date of filing S&C

so long as Defendant was served within 90 days of filing. If Defendant was not served within 90 days,

may request finding from the court that he/she was not evading service, and the court may start support no earlier than the date of service.

Not applicable on defaults as Defendant must affirmatively request this relief.

Initial Orders obtained by Default: FC 17400The first day of the month following the filing of

the complaint

Spousal SupportThe LCSA cannot establish a spousal support

order, but may collect it so long as it is enforcing a corresponding order for child support.

EnforcementEnforcement of Existing Order: Must receive

Declaration of Payment History from CP to enforce arrearsNP may request a copy of this documentSigned under penalty of perjury by CPIf NP disputes, NP should provide specific

evidence of what he/she disputes. E.g., Direct payment prior to case opening. Motion to Determine Arrears may be filed if parties

still disagree. If not and this is an issue, encourage NP file themselves.

Immediate Enforcement ToolsIncome Withholding Order (IWO)

When Employer name is entered for NP and obligation is in system, system will generate IWO and National Medical Support Notice (NMSN).

System will also seek information on Employers to add them for NP.

Real Property LienGenerated by System, signed by worker, recordedCounty where NP lives, has property, has possibility of

property (e.g., where parents live)Credit Reporting

Even if not delinquent, whenever there are obligationsMay dispute at LCSA (new!) or online (eOSCAR) or

through CRA

Delinquency EnforcementDelinquency = More than 60 days past due

and over $100 (FC 17500)License suspension and denial

Driver’s license, professional license, etc. Licensing agency provides notice; must keep

address up to date with that agencyPassport denial

$2,500 or more in arrearsMust pay to zero for release or appeal to State

DCSS for release where appropriate

More DelinquencyFederal and State Tax Refund Intercept

If there are welfare arrears, goes to pay them first

Disability or Unemployment Benefit InterceptWorkers’ Compensation Notification of new

casesLottery winningsFinancial Institution Data Match (FIDM)

Bank levyExempt and Non-Exempt levies

ContemptCivil contempt: May be used for violations of any

court order, such as failure to pay child or family support, or to perform job contacts as orderedCCP 1209, 1209.5, 1218, 1218.5Punishable by up to 5 days in jail for each countNo jury trial if under 6 months incarceration is facedMost if not all counties appoint counsel

Criminal contempt: Criminal non-support or criminal abandonmentPC 166(a)(4), 270, 271(a)

Other Extraordinary EnforcementOrder for Judgment Debtor Examination (OEX)

Turnover orders per CCP 708.205No 5th Amendment claim per IRMO Sachs

(2002) 95 Cal.App.4th 1144Court-ordered job search

FC 4505Failure to comply can be basis for civil contempt

Qualified Domestic Relations Order (QDRO)29 USC 1056(d)(3)

Personal Property Lien or Lien in Pending Civil Action

Reimbursement of Uninsured Medical ExpensesLCSAs may enforce collections for specific

dollar amounts to reimburse in a court order.Parent must obtain court order for

reimbursement; LCSA may not request, i.e., file the motion seeking reimbursement for co-pays for XYZ time period.

Forgiveness of ArrearsCompromise of Arrears Program (COAP)

FC 17560Obligors may be able to compromise arrears

owing to the state, but never to the CP except by stipulation

Options are lump sum or payments over 3 years, depending on how much is owed and case types

LCSAs now administering COAP at local level; use of program is increasing

More Forgiveness – ReunificationReunification

FC 17550Child was a dependent of the court under W&I

§ 300 and has been reunified with the parent who previously had custody and now owes support owing to the placement.

No payment required!

More Forgiveness – WaiverWaiver of Arrears

Available for non-welfare arrears, where the parties stipulate

LCSA will not be able to mediate these issues, but should be able to generate the waiver and circulate to parties

LCSA will not get involved with conditional waivers

Practice varies due to court variance regarding acceptance of waivers

MiscellaneousModification by LCSA or Party

When to ask the LCSA to file vs. When to file yourself

Complaint Resolution and State Hearing

Modification by LCSAReview & Adjustment (R&A):

Upon request of either party, the R&A process may be started. I&E, visitation verification form, child care

verification, etc. sent to both parties. Return within 20 business days to LCSA. If the information results in a change of at 20% or

$50, whichever is less, the LCSA will petition to modify.

Modification must be completed within 180 days. Notice of right to review sent every 3 years.

Mandatory ReviewsEvery 3 years, in TANF cases. Change in Circumstances per 22 CCR 115530:

Incarceration/institutionalization;Obligor’s sole income is SSI/CalWORKS, other

public assistance based on need;Obligor stops receiving SSI, etc.;Presumed income and actual income becomes

known;Health insurance premium was not included and

becomes known;Reservist called to active duty.

Complaint ResolutionFC 17801 and 22 CCR 120100, et seq. Process to resolve complaints with the

manner of case management by LCSA. Must start with CR process at the LCSA; may

request State Hearing if the customer is unsatisfied with the answer.

State Hearing jurisdiction is limited to issues within the discretion of the LCSA, i.e., not matters that must be heard in court.

Questions?