Court Information

In Los Angeles County, the child support enforcement program is referred to as the "IV-D program" because Title IV-D of the Social Security Act (42 U.S.C. Section 601 et seq.) requires each state to establish and enforce support orders when public assistance has been expended or, upon request of either parent. California has designated the State Department of Child Support Services as the agency to establish parentage and enforce support orders. The local child support agency responsible for providing those services is the County of Los Angeles Child Support Services Department (CSSD).

Los Angeles County’s four IV-D courtrooms are located on the 16th floor of the Central Civil West Superior Courthouse at 600 S. Commonwealth Avenue in Los Angeles. Cases are assigned to the four courts according to the last two digits of the legal case number. Numbers 00 to 24 are set in Department 2E, 25-49 are set in Department 2F, 50-74 are set in Department 2G, and 75-99 are set in Department 2H. Cases are heard Monday through Friday.

CSSD attorneys do not represent either parent or the child in the proceeding, but rather act in the public interest. There is no attorney-client relationship with either parent or with the child. Family Code §17406; In re Marriage of Ward 29 Cal. App. 4th 1452 (1994).

Contested hearings or trials of local child support agency matters are usually short and the calendars are usually very busy. Most parents represent themselves. If a parent fails to appear for a hearing, the case may be continued or the court may proceed with the hearing without that parent present. Cases are sometimes continued to allow one or both parents time to bring updated financial documents to court so that the court can make an accurate support order.

When CSSD has filed a Motion for Judgment to establish parentage and set child support, the non-custodial parent has certain rights:

(1) The right to an attorney, including the right to court-appointed counsel for parentage only, if the party cannot afford counsel. Salas v. Cortez, 24 Cal. 3 d 22 (1979). There is no right to an attorney if the contested issue is solely welfare reimbursement. Clark v. Superior Court of Orange County, 62 Cal. App. 4th 576 (1998).

(2) The right to genetic tests, if parentage is an issue in the case. Family Code §§7550-7557. It is an abuse of discretion to order genetic tests if there is an existing paternity judgment with regard to the child and alleged father. San Francisco v. Cartagena, 35 Cal. App. 4th 1061 (1995). Similarly, genetic tests should not be ordered after the Defendant has stipulated to paternity. Robert J. and Leslie M., 51 CA 4th 1642 (1997); City and County of San Francisco v. Stanley, 24 Cal. App. 4th 1724 (1994).

(3) The right to present and cross-examine witnesses.

(4) The right to testify himself or herself.

(5) The privilege against self-incrimination.

If a non-custodial parent requests genetic tests in a non-marital case where parentage has not been previously determined through a court order or Paternity Opportunity Program Declaration, the court will order the mother, alleged father, and the child or children to participate in genetic testing. Under Family Code § 7551, failure to submit to genetic tests may result in a court order finding the person to be the parent of the child.

Genetic test results are admissible into evidence without foundation testimony, if the results are accompanied by a declaration from the custodian of records, are served on all parties no later than 20 days prior to the hearing, and no written objection to the results has been filed prior to 5 days before the hearing. Family Code §7552.5. If a finding of parentage is made, the court will next consider child support.

The CSSD attorney will often summarize the contested issues for the court, and the parents or their attorneys can supplement those issues as needed. This process often reduces the time required for a hearing by focusing on only the contested issues. Each side is then allowed to produce evidence regarding their positions. The Commissioner may ask questions in order to obtain additional information needed to calculate child support.

Child support is calculated under Family Code § 4050 et seq. CSSD attorneys and IV-D Commissioners are required to seek and obtain ‘guideline’ child support orders. In some cases, the court may deviate from the guideline amount for specified reasons. The main factors in determining the amount of child support are the income of both parents and the percentage of time the minor children spend with the non-custodial parent.

The percentage of custodial time will be calculated based on the testimony of the parties, and the Commissioner will use the actual number of hours the child(ren) spend with the non-custodial parent, not necessarily the terms of a custody/visitation order. If the non-custodial parent does not appear at the hearing and offer evidence, whatever admissible evidence is available will be utilized to determine the visitation percentage.

The gross monthly income of the parents is typically calculated from pay stubs, W-2 forms, and/or tax returns. If those are not provided, CSSD may utilize other source information that can include statements from employers, Federal Case Registry (FCR) income reporting and Integrated Database (IDB) information, or the testimony of the other parent. Temporary orders are sometimes made when one or more of the main factors affecting the guideline calculation are unknown or subject to change. If a temporary order is made, the parents may be scheduled to come back to court with more information so that a permanent order can be made.

A child support modification can be filed by any party to change the amount of child support, due to a significant change in circumstances since the last order. Changes in the income of either parent (e.g. unemployment), an increase or decrease in child care expense, or a change in visitation could be qualifying factors. In support modification proceedings, the modified order can only be made effective beginning the first of the month after the motion or order to show cause was filed with the court.

A motion to release driver’s (and other state) licenses can be filed by a party paying child support, seeking a judicial review of the CSSD decision not to release the license. Family Code §17520 provides that holds be placed on licenses issued by the state when the obligor is not in compliance with a support order; these licenses include professional, trade, driver's and recreational licenses. If a suspension notice is received, the obligor should first attempt to reach an agreement with the CSSD, and if unsuccessful, he or she may file a request for judicial review of the license denial.

Custody and visitation issues will not be heard in IV-D courts. The Commissioner has no jurisdiction to resolve those issues, and cannot make orders involving those topics. However, since January 1, 1997, once a support order has been entered and the custodial party is joined, custody, visitation, and restraining order issues may be raised in a Title IV-D initiated case. Filings seeking those orders must be made in a court other than the IV-D courts.

Los Angeles County currently has four Commissioners whose primary responsibility is to hear Title IV-D support matters pursuant to Family Code §4251. These Commissioners are specifically responsible for hearing actions to establish parentage and establish and enforce child support under Family Code §4251(a). Code of Civil Procedure §259. If a party objects to the Commissioner hearing the matter as a temporary judge, the Commissioner may still hear the matter and make findings and a recommended order. Within ten (10) court days, a judge shall review and ratify the recommended order, absent an objection from a party or an error in the recommended order. If there is an objection or an error in the recommended order, the judge shall issue a temporary order and set a de novo (new) hearing within ten (10) court days. Any party may waive his or her right to the review hearing at any time. Family Code §4251(c).

Under California law, both parents have a legal duty to provide financial support for their children. Family Code §3900 et seq..

How Guideline Child Support Is Determined

California law requires the court to use a standard mathematical formula to calculate child support. The formula takes into account:

To make sure the court has all the necessary information, please make sure you bring:

To determine the correct amount of support for your child(ren), the court needs to know details about your current financial status. Therefore, please make sure you have all of the above-mentioned papers / documents with you when you come to court.