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   Child Support Services Frequently Asked Questions.

   These FAQs are grouped into five categories.

   Participants FAQs [ Top ]
   Opening a Case
  1. Who can I contact for general information about child support or my case in particular?

  2. Who is available to open a case?

  3. What is the cost for services?

  4. Can I open a case for arrears only?

  5. My divorce decree orders the other parent to pay me child support. But he/she has not paid me as ordered by the court. Can Child Support Services help me collect my child support from the other parent?

  6. What if I do not have my own court order or if we were never married? Can Child Support Services still help me?

  7. How do I open a case with CSSD?

   Establishing a Court Order
  1. I was served with some papers from your office indicating I must pay child support. What are my options and how can I request blood/genetic tests?

  2. How is the amount of child support determined?

  3. Why do I have multiple case numbers for my child support case?
   Enforcing a Court Order & Collection of Payments
  1. I’m the Non-Custodial Parent (NCP) and I dispute the amount of arrears I owe.

  2. A wage assignment has been sent on my case to the NCP's employer. When can I expect the first payment?

  3. I just received a notice about my driver's license being suspended and I don't understand!

  4. My driver's license has been suspended. How do I get it back?

  5. How far behind does NCP have to be before collections will begin?

  6. How long can I collect child support for my child?

  7. You took my tax refund even though I've been making payments through a wage assignment. Can I get my refund back?

  8. How do you get a NCP to pay child support if he or she is not fully reporting?

  9. Why does it take so long for me to receive child support when it is deducted from the NCP's paycheck?

  10. How is it possible that I am delinquent when I have always paid by wage assignment?

  11. Why are you adding interest and how is it figured on my account balance?

  12. Can I pay my child support with my credit card over the phone?

  13. My spouse's portion of our joint tax return was intercepted. Can his/her portion of the refund be returned to them?

  14. My bank account has been levied. How can it be removed?

  15. How can I altogether avoid collection and enforcement remedies when I have an arrears balance?

  16. I can't afford to pay off the arrears in full. Are there any programs that can help me pay off the arrears I owe?

  17. Why doesn't the employer garnish according to court order, for example, on the first and fifteenth of each month?

  18. How can I open a criminal case against the NCP for nonpayment?

  19. Can I have my child support payments directly deposited into my bank account?

  20. I am currently receiving General Relief (GR) and/or SSI and can't afford to pay child support. What should I do?

  21. I am currently receiving Unemployment Insurance benefit (UIB) and/or Disability Insurance Benefit (DIB). Do I still have to pay child support?

  22. Why did CSSD stop me from obtaining a passport?
  Modifying Existing Orders
  1. Does the Child Support Services Department do modifications of child support orders?

  2. Can we avoid having to go to court to modify the court order?

  3. If either parent loses a job or earns more money, will the court order automatically be changed?

  General Information
  1. I was scheduled for an appointment but I can't make it. What can I do?

  2. I am the NCP and an attorney represents me. Can a child support officer speak with me regarding my case?

  3. I received a letter about Domestic Violence. Do I need to return it?

  4. How can I obtain a copy of my court order?


    Opening a Case
  • Who can I contact for general information about child support or my case in particular?
    [ Top ]

For your convenience, you may obtain this information 24 hours a day by calling (323) 890-9800 (Out of state calls or calls roughly within a 12-mile radius from Commerce, CA) or (800) 615-8858 (for in-state long distance calls). The automated Interactive Voice Response unit (IVR) can provide certain case specific information such as case status, account balance, payment history, and will also process requests for forms. You can also request to speak with a child support officer Monday through Friday from 6:30 a.m. to 6:00 p.m. To access case specific information you will need your Participant Identification Number (PIN). If you do not have your PIN, either call (800) 615-8858 and request it or write us to request your PIN. In both instances, it will be mailed to you.

You can also E-mail us with your questions. Please include your name and PIN number, mailing address, and a telephone number where you can be reached.

If you are hearing impaired, the Child Support Services Department maintains a special TDD telephone number. That TDD number is 323-725-3907.

You can visit any of our regional offices. The addresses are listed in the phone book as well as our Internet site. Click here to see where our regional offices are located.

  • Who is eligible to open a case? [Top]

Any parent or guardian can apply.

  • What is the cost for services? [Top]

Services are free.

  • Can I open a case for arrears only? [Top]

No, CSSD will not open a case for arrears nor reopen previously closed cases where the minor child(ren) have reached age of majority.

  • My divorce decree orders the other parent to pay me child support. but he/she has not paid me as ordered by the court. Can child support services help me collect my child support from the other parent? [ Top ]

Yes, the CSSD can assist you with enforcing your court order. Click here for an application. Complete and attach a complete copy of your court order. Once received, our office will initiate the process of enforcing your court order.

  • What if I do not have my own court order or if we were never married? Can Child Support Services still help me? [ Top ]

Yes. Child Support Services can establish a court order for you. You do not need to have your own court order or have been married to the other parent in order to ask for our help. Contact CSSD for an application. Once received, our office will go through the legal process of establishing paternity and enforcing the court order for you and your child(ren).

  • How do I open a case with CSSD? [ Top ]

An application is available by clicking here or you may call (800) 615-8858 to request an application from the IVR or a child support officer. Once completed, send the application to:

Los Angeles County Child Support
Services Department
Attn: Central Intake
5770 S. Eastern Avenue
Commerce, CA 90040

    Establishing a Court Order

  • I was served with some papers from your office indicating I must pay child support. What are my options and how can I request blood/genetic tests? [ Top ]

If you received a Summons and Complaint (S&C) from the Child Support Services Department, read the documents carefully. You are advised of your legal rights and how you may proceed. This is a time sensitive document as there are timeframes that need to be met.

If you were personally served, you have 30 days to respond by filing an answer or stipulating with CSSD.

If you were sub-served (i.e., document left with your employer or family member) you have 45 days to respond by filing an answer or stipulating with CSSD.

As indicated in the S&C, you can file an answer at the Superior Court in Los Angeles. The address is provided in the document. Also, you can visit the divisional office with proof of income and enter into a stipulation with the CSSD regarding your obligation. If you would like genetic testing, you may request one at that time. If you are not successful at reaching an agreement with CSSD, you will be given a letter instructing you of your option to file an answer and seek relief in court regarding this matter. (Note: There is no longer a fee for filing these documents with the court)

Anytime during this process you have the right to obtain the legal services of a private attorney to represent you in this case. You may also visit the Family Law Facilitator’s Office located at several Superior Court buildings throughout Los Angeles County.

  • How is the amount of child support determined? [ Top ]

It is the legal responsibility of both parents to financially support the child. The State of California has established guidelines to determine the amount of child support. These guidelines are based, in part, on the parents’ monthly income and the amount of custody/visitation each parent has with the child. For further detail of how child support is calculated, click here.

  • Why do I have multiple case numbers for my child support case? [ Top ]

One of the case numbers is an internal file number or your Court Order number or both (e.g. BY000000). Your new case number (e.g. 19-000.000.770) is designed to identify one family unit of a mother, father and child in common. Each person has also been assigned a unique PIN. The PIN will help to identify all cases in which a person is a participant. If you have more than one PIN, please contact our office so we can assign you only one PIN. It is important that your PIN is kept confidential as it allows access to confidential case information.

    Enforcing a Court Order & Collection of Payments
  • I’m the Non-Custodial Parent (NCP) and I dispute the amount of arrears I owe. How should I proceed? [ Top ]

Call (800) 615-8858 and request a copy of your payment history. Compare it with your payment records to determine if a payment was made but not credited to the account. If it is determined that a payment was not credited to your account, a copy of the cancelled check, front and back, must be provided to CSSD for further research.

If there are other reasons why you feel you should not pay the arrears (e.g. change of custody, direct payments to the Custodial Party (CP), etc.), you can ask for a Request for Financial Review (Audit) form be sent so that you may document the basis for the arrears dispute.

  • A wage assignment has been sent on my case to the NCP’s employer. When can I expect the first payment? [ Top ]

The employer is required to begin deductions within ten (10) days of receiving the wage assignment. The employer has an additional ten days to send the payment to the State Disbursement Unit. When the State Disbursement Unit receives the payment it will be disbursed. For your convenience, you may obtain payment information from the IVR 24-hours a day by calling (800) 615-8858.

  • I just received a notice about my driver’s license being suspended and I don’t understand! [ Top ]

If your payments have been late, or delinquent, your license is submitted for suspension. If you dispute the license suspension action, you must complete the Request for Review form that accompanied your Intent to Suspend Notice and send it to the regional office handling your case. You can also request to speak with a Child Support Officer by calling (800) 615-8858 or schedule an appointment at the regional office handling your case.

  • My driver’s license has been suspended. How do I get it back? [ Top ]

There are several ways to have your license released.

1. Call (800) 615-8858 to speak with an officer to determine if your license can be released.

2. You may visit the divisional office where your case is located. You might be required to make a lump sum payment for a temporary release. If you are unable to pay the Lump Sum Payment toward the arrears as requested, you will be directed to file a motion at Central Civil West Superior Court.

3. You may file a motion requesting the release of your license. Once the court authorizes your payment plan, your license will be ordered release. To avoid future suspensions, it is important to remain in compliance with the payment plan as ordered by the court.

  • How far behind does the NCP have to be before collections will begin? [ Top ]

At the end of the month, all cases with a delinquency will be reviewed for certification to our enforcement remedies, which includes;

1. Bank account levies;

2. Intercept of Unemployment Insurance Benefits (UIB) or Disability Insurance Benefits (DIB);

3. Reporting to the three major credit reporting bureaus;

4. Suspension of driver’s license and professional licenses to certain business and professional licensing agencies specified by California law;

5. Tax intercepts.

For more information on each of these actions, you may call the 24 hour automated system at (800) 615-8858.

  • How long can I collect child support for my child? [ Top ]

Under California law, child support is enforceable to the age of 18, unless the child is still a full-time student in high school. Once the child passes the age of 18, the support will stop upon the first of the following: graduation from high school or the child’s 19th birthday. As long as the case is not closed after the child(ren) have reached age of majority, any arrears owed will be enforced until paid in full.

  • You took my tax refund even though I've been making payments through a wage assignment. Can I get my refund back? [ Top ]

Only if there is no outstanding balance owed on your account. The fact that some money has been collected by a wage assignment or garnishment does not mean that you may not also owe arrears. Cases are submitted for the tax refund intercept program annually. If your account has become current since the submittal date, the money will be returned to you.

  • How do you get a NCP to pay child support if he or she is not fully reporting income or hiding assets? [ Top ]

The Child Support Services Department still may be successful in making collections regardless. The department has access to a number of databases to assist in locating the NCP's income and assets. Using these resources, it is often possible for us to obtain and enforce an order consistent with the NCP’s true ability to pay. Any information you can provide about the NCP’s employment, salary, bank accounts, real or personal property will be very useful in helping us collect child support.

  • Why does it take so long for me to receive child support when it is deducted from the NCP’s paycheck? [ Top ]
There could be several reasons for delays in collection of support.

Some employers fail to properly identify the check with the appropriate case number or ID and this often causes delays in posting.
In other situations, the employer’s payroll department is in another state.
Lastly, when two child support agencies are involved in handling the collections there may be delays.

  • How is it possible that I am delinquent when I have always paid by wage assignment?
    [ Top ]

There are several possible reasons. Once the judgment was entered, there was a delay from the time the judgment was entered and the time the employer implemented the wage assignment. It is the NCP’s responsibility to send the payments until the wage assignment is implemented. Some companies’ payroll departments are located in other states, causing additional delays in processing.

Some employers prorate over the period of one year. This means that depending on how many weeks are in each month, there will be some months when the garnishment may not satisfy the monthly obligation. The other months, the account will seem to be overpaid. By the end of the year, the full child support obligation for the year will be paid in full.

Weekly prorating is calculated by multiplying the monthly obligation by 12 (months) then dividing it by 52 (weeks). The months when you receive four weekly paychecks will not add up to the monthly obligation but months when you receive five payments will cover that shortage.

Biweekly prorating is calculated by multiplying the monthly obligation by 12 then dividing it by 26 (weeks). The months when you receive two biweekly paychecks will not add up to the monthly obligation but months when you receive three payments will cover that shortage.

  • Why are you adding interest and how is it figured on my account balance? [ Top ]

Under the California law (California Code of Civil Procedure Sections 685.010 and 685.020) federal and state regulations, interest is added to all outstanding balances.

Everyday, the computer automatically figures the interest at the legal rate, which is now 10% simple interest per year, and is added to the total obligation you owe.

  • Can I pay my child support with my credit card over the phone? [ Top ]

As of May 1, 2006, the California Department of Child Support Services created a central payment processing site called the California State Disbursement Unit (SDU).  The SDU is now responsible for the collection and distribution of child support payments.
Some of the benefits resulting from the SDU is the availability of more payment options such as:
Credit/Debit Card and Electronic Funds Transfer
(withdraw directly from your bank account)
Available by phone, 1-866-325-1010 or the SDU website, www.casdu.com
MAKE A PAYMENT NOW

NEW USER REGISTRATION

Mail (check, money order/cashier’s check)
SDU
P.O. Box 989067
West Sacramento, CA 95798


For your convenience, SAFE and Secure Pay Point Stations with direct Internet access to the SDU are available in each of our Division Offices. For an office location click here
Click here for additional information: California Department of Child Support Services

  • My spouse's portion of our joint tax return was intercepted. Can his/her portion of the refund be returned to them? [Top]

The spouse of a NCP may avoid their share of a tax refund being intercepted by filing an Injured Spouse Claim and Allocation Form (#8379) with the Internal Revenue Service and/or Request for Innocent Spouse Relief with the California Franchise Tax Board. It is important to note that this form must be filed well in advance of the pending intercept. When this is done in a timely manner, the spouse's portion of the return will not be intercepted. If the injured spouse form is not filed in the appropriate timeframe and our office receives the full intercept, our office will not return the intercept. It will be applied to the NCP’s arrears balance.

  • My bank account has been levied. How can it be removed? [Top]

If the arrears balance was paid in full, please call the child support office at (800) 615-8858 with your bank's name, phone number and fax number. The bank levy will be released.

If there is an existing balance, please have the notice from your bank available and call the child support office. There are 2 types of bank levies issued by Franchise Tax Board. The child support officer will provide you with options based on the type of levy issued on your account.

  • How can I avoid collection and enforcement remedies when I have an arrears balance? [Top]

Pay the arrears balance in full.

  • I can’t afford to pay off the arrears in full. Are there any programs that can help me pay off the arrears I owe? [Top]

You can attempt to set up a payment arrangement (stipulation) on the arrears balance with your divisional office or with the court based on your ability to pay. This action will forestall many of the enforcement remedies, provided you stay compliant with the stipulation.

There are two programs that can help a NCP pay the arrears.

1. The Compromise of Arrearages – Family Reunification Program is for parents who owe arrears because aid was paid while the child was in foster care or living with a guardian or relative caregiver. The parent can apply for this program if the child is still a minor and now living with the parent, and the parent’s net income is less than 250% of the federal poverty level. Click here for an application.

2. The Compromise of Arrears Program (COAP) is available to parents who owe government arrears of $5000 or more. There are additional criteria for COAP. Click here for an application.

3. You can also contact CSSD at (800) 615-8858 to request an application.

  • Why doesn’t the employer garnish according to the court order, for example, on the first and fifteenth of each month? [ Top ]

The employer is not required to change their payroll cycle. Whether paid weekly, biweekly, semi-monthly or monthly, the wage assignment is prepared in accordance with your court order, specifically for the employer’s payroll cycle. CSSD provides the exact deduction required to meet the court ordered monthly obligation. The employer is to implement this into their payroll cycle, without exceeding 50% of the NCP’s disposable earnings.

  • How can I open a criminal case against the NCP for nonpayment? [ Top ]

CPs can make a request for CSSD to review a case for criminal prosecution. If all civil enforcement remedies have failed, the case may be reviewed for criminal charges. There are many factors to be considered when reviewing for criminal charges. In the event that a case meets all the criteria for criminal prosecution, it will be forwarded to the Criminal Prosecution Division for further review and implementation.

  • Can I have my child support payments directly deposited into my bank account? [ Top ]

As of May 1, 2006, the California Department of Child Support Services created a central payment processing site called the California State Disbursement Unit (SDU).  The SDU is now responsible for the collection and distribution of child support payments.
Some of the benefits resulting from the SDU is the availability of Direct Deposit (recipients can apply to have child support payments deposited directly into their bank account).
SET UP YOUR ACCOUNT
ELECTRONIC PAYMENT CARD
For your convenience, SAFE and Secure Pay Point Stations with direct Internet access to the SDU are available in each of our Division Offices.  For an office location click here.
Click here for additional information: California Department of Child Support Services

  • I am currently receiving General Relief (GR) and/or SSI and can't afford to pay child support. What should I do? [ Top ]

Contact the Child Support Services Department. Once the aid status is verified, CSSD can review the case to have the child support order reduced or reserved. The NCP may also initiate this modification for a reduced or reserved order by filing a motion at Central Civil West Superior Court.

  • I am currently receiving Unemployment Insurance Benefits (UIB) and/or Disability Insurance Benefits (DIB). Do I still have to pay child support?[ Top ]

Yes. Any NCP receiving UIB or DIB from the Employment Development Department is subject to a 25% intercept of their monthly claim. The NCP may request a modification of the child support order due to this change in income.

  • Why did CSSD stop me from obtaining a passport?[ Top ]

CSSD submitted your passport if the arrears balance exceeded $2500 at any time. You will have to pay off the arrears in full to have your passport released. Contact our office for any further instructions regarding the release of your passport.

    Modifying Existing Orders

Yes, CSSD will review for a possible modification on any existing court orders, pursuant to federal and state regulations. Cases meeting the modification criteria will be calendared for court. Click here for the forms or call (800) 615-8858 to use the 24-hour automated system to have them sent to you.

You may initiate your own modification hearing by filing a motion with the Superior Court but you should speak with the Family Law Facilitator's Office for instructions on how to modify an existing order.

  • Can we avoid having to go to court to modify the court order? [ Top ]

Yes. Both parties may sign a legal agreement (stipulation) in our office. Call (800) 615-8858 to obtain the appointment number to your divisional child support office.

  • If either parent loses a job or earns more money, will the court order automatically be changed? [ Top ]

No. CSSD will not automatically review your case for a modification. Either parent can request the forms to review for modification if there has been a change in circumstances but it will not be done automatically.

    General Information

Contact CSSD to obtain the specific appointment number and location of the office where you can address your issues.

According to the rules of professional conduct it is unethical for a represented party to speak with CSSD staff unless the attorney provides written authorization. Your attorney can call (800) 615-8858 and we will provide them with the contact number for a staff attorney in the office handling your case.

  • I received a letter about domestic violence. Do I need to return it? [ Top ]

Federal and State Law require all Child Support Agencies to send their computer records to the Federal Government. Child Support Services is also mandated to notify all CPs and NCPs of this procedure. If you have domestic violence issues or a current restraining order, you may opt out of having your case information downloaded to the Federal System by returning the letter with a copy of your restraining order or any other supporting documentation. It is important to know that case information reported to the Federal System may become accessible through public record. If you do not have these concerns, it is not necessary to return the letter.

  • How can I obtain a copy of my court order? [ Top ]

If CSSD is enforcing the court order, you can request a copy of the order by contacting the call center at (800) 615-8858 or by contacting the court clerk at the courthouse where the court order was obtained.

   Employers FAQs [ Top ]
   Wage Withholding
  1. I'm a representative from the payroll department and one of our employees has complained to us that his child support is delinquent, but we've been paying the support by wage assignment deduction as ordered. How can the case be delinquent?

  2. An employee is making the child support payments directly to the county. Do I still need to deduct from the employee's wages?

  3. I received an IRS wage levy and an Order/Notice to Withhold (ONtW) for child support. What should I do?

  4. What do I do if an employee has other nonsupport income attachments?

  5. May I deduct a fee for withholding the child support payments?

  6. What if we believe the wage withholding is too much work or we should not be involved?

  7. The person on the ONtW is an independent contractor and not an employee. Do I still garnish his/her wages?

  8. What earnings can be used for child support?

  9. What should I do if the employee tells me not to enforce the Order/Notice because the child support and/or arrears payment is incorrect or has changed?

  10. What exactly is considered Net Disposable Income (NDI)?

  11. What if the employee has multiple Orders/Notices to Withhold from different child support agencies and the employee does not earn enough to honor them all?

  12. I have been deducting child support from an employee's wages on a wage levy for Franchise Tax Board for 50% of the employee's wages. Now I have received an ONTW from CSSD. What do I do?

  13. How much does the employee owe in past due child support (arrears)? When can I stop garnishing?

  14. What if I receive phone calls from the other parent about CSSD's Order/Notice to Withhold?

  15. Why do I keep getting paperwork for this employee if I have notified your office he/she is no longer employed?

  Health Insurance
  1. What if we don't have health insurance coverage available to our employee(s)?

  2. How soon must I begin coverage? Can I wait for open enrollment?

  3. What if health insurance coverage is available, but the deduction of premiums and child support exceeds the employee's 50% net disposable earnings?

  4. Why are you asking us to forward medical cards to your office when they go directly to the employee?

    Wage Withholding
  • I'm a representative from the payroll department and one of our employees has complained to us that his child support is delinquent, but we've been paying the support by wage assignment deduction as ordered. How can the case be delinquent? [ Top ]

Our office appreciates your concerns. Due to codes of confidentiality, our office may only discuss the case balance status with the NCP. Please have the NCP contact the department directly.

  • An employee is making the child support payments directly to the county. Do I still need to deduct from the employee's wages? [ Top ]

Yes. Instruct the employee to contact CSSD if they want to stop the wage deductions. A child support officer can explain that such deductions are legally required to the employee. You must continue to comply with the Order/Notice to Withhold (ONtW).

  • I received an IRS wage levy and an order/notice to withhold (ontw) for child support. What should I do? [ Top ]

If an IRS wage levy was entered before the underlying child support order was established, then it takes priority over the ONtW. If not, then the ONtW takes precedence. The employer should notify CSSD that both documents were received so they can verify if the child support order was established before the IRS wage levy was entered. If the child support order was not established prior to the IRS levy then CSSD can contact IRS to determine if the levy can be modified to allow for the collection of child support.

  • What do I do if an employee has other nonsupport income attachments? [ Top ]

Except when an IRS tax lien was entered before the underlying child support order was established, federal and state laws require child support withholding to take priority against any attachment, execution, or other assignment.

  • May I deduct a fee for withholding the child support payments? [ Top ]

Yes. California Family Code §5235(d) authorizes an employer to deduct $1.50 for each payment made pursuant to the order. If the employee's primary place of employment is in a state other than California, including Guam and the U.S. Virgin Islands, please consult state or local laws.

  • What if we believe the wage withholding is too much work or we should not be involved? [ Top ]

Employers who fail to comply with a wage withholding order are liable for the accumulated amount that should have been withheld. An employer may face civil penalties of contempt for failing to follow an Order/Notice to Withhold (California Family Code 5241).

Note: An employer who fires, disciplines, or refuses to hire an employee based upon income withholding faces civil penalties.

  • The person on the ontw is an independent contractor and not an employee. Do I still garnish his/her wages? [ Top ]

YES. Independent contractor wages are subject to an Order/Notice to Withhold. (California Family Code §5206)

  • What earnings can be used for child support? [ Top ]

1. Wages, salary, tips, bonuses, vacation pay, retirement pay, regular overtime and commissions,

2. Payments due for services of independent contractors, interest, dividends, rents, royalties, residuals,

3. Payments due for worker's compensation temporary disability benefits,

4. Any other payments or credits due or becoming due, regardless of source

  • What should I do if the employee tells me not to enforce the order/notice because the child support and/or arrears payment is incorrect or has changed? [ Top ]

Payments must continue until further order of the court and notification by CSSD. It is the employer's obligation to withhold as ordered on the Order/Notice. It is the employee's responsibility to contact CSSD about any problems or questions regarding his/her case.

  • What exactly is considered Net Disposable Income (NDI)? [ Top ]

Net Disposable Income is the gross earnings less ONLY:

1. Mandatory Deductions (state and federal taxes, SDI)

2. Mandatory union dues

3. Mandatory retirement (not 401K)

  • What if the employee has multiple orders/notices to withhold from different child support agencies and the employee does not earn enough to honor them all? [ Top ]

Priority of withholdings should follow in this order:

1. Current Child/Family Support

2. Medical Support

3. Current Spousal Support

4. Child/Family Support Arrears

5. Spousal Support Arrears

6. Costs and Fees

When there are multiple orders for the same employee, determine the Maximum Support Deduction (MSD). If the employee's principal place of employment is California then the MSD is 50% of Net Disposable Income (For a list of other states' withholding limits, click here.) Prorate the payment among all the current child support orders. Apply any remainder to assignment for arrearage support for all orders.

  • I have been deducting child support from an employee's wages on a wage levy for franchise tax board for 50% of the employee's wages. Now I have received an ONTW from CSSD. What do I do? [ Top ]

If you have a FTB wage levy in place and receive an Order/Notice, please contact CSSD, so we can work with the Franchise Tax Board to withdraw its order.

I have an ONtW from another Child Support Agency for the same children. Which order do I enforce?

Contact our office so we can research the matter and advise. If both Order/Notices are for the same child(ren) and include current child support payments, a determination will have to be made regarding which agency has jurisdiction in the case.

  • How much does the employee owe in past due child support (arrears)? When can I stop garnishing ? [ Top ]

The employee receives a monthly billing statement that reflects the balance due. Our office will notify you when to stop garnishing the employee's wages.

  • What if I receive phone calls from the other parent about CSSD's order/notice to withhold? [ Top ]

Refer the parent to CSSD at (800) 615-8858. If you experience any problems with the other parent, please report this and CSSD will work with that parent to ensure there is no further disruption.

  • Why do I keep getting paperwork for this employee if I have notified your office he/she is no longer employed? [ Top ]

Our automated system receives data from many resources. The system could override prior data input, which ended the employer information and then sent new documents to the same employer. If you have already responded and the status has not changed, you can disregard the document.

    Health Insurance
  • What if we don't have health insurance coverage available to our employee(s)? [ Top ]

If health insurance is not available to the employee, complete and sign the National Medical Support Notice - Employer Response on the reverse side of the form and mail the form to CSSD.

  • How soon must I begin coverage? Can I wait for open enrollment? [ Top ]

Enrollment must be made immediately irrespective of any open enrollment restrictions.

  • What if health insurance coverage is available, but the deduction of premiums and child support exceeds the employee's 50% net disposable earnings? [ Top ]

The child support order takes priority over health insurance coverage. Do not make the health insurance deduction. Explain the situation on the NMSN Employer Response Form and return to CSSD.

  • Why are you asking us to forward medical cards to your office when they go directly to the employee? [ Top ]

If you cannot obtain the I.D. cards from the employee or directly from the health insurance carrier, please notify our office that your attempts were unsuccessful. CSSD would then make an attempt to obtain the cards from the health insurance carrier.

Family Law FAQs [ Top ]
   Custody/Visitation
  1. The NCP took my child away during a weekend visitation and now won't return the child? Can the Child Support Services Department help me get my child back?

  2. Since the Child Support Services Department is enforcing the support obligation, can the Child Support Services Department also enforce visitation rights that are contained in the court order?

   Telephone Hearings
  1. I received a notice to appear in court but I live outside the County of Los Angeles and cannot attend. How can I get a telephonic hearing?

   Other Family Law Issues
  1. Can the Child Support Services Department help me obtain a restraining order against the NCP?

  2. Can the Child Support Services Department help me obtain a divorce?

  3. I now have custody of my child. How can I close my child support case?

   Court Appearances
  1. Where is the Central Civil West Courthouse?

  2. What time should I arrive and where do I check in?

  3. What time will I be done?

  4. Do I need to bring anything?

  5. I received a letter to appear, but I can't make it. I want to reschedule.

  6. I have a restraining order against the other parent and I am concerned about my safety. What should I do?

  7. Should I bring my children?

  8. May I bring other people with me?

  9. Is parking provided?

  10. Can I make Child Support Payments at the courthouse?

    Custody/Visitation
  • The NCP took my child away during a weekend visitation and now won't return the child? Can the Child Support Services Department help me get my child back? [ Top ]

The Child Support Services Department does not have legal authority to handle child stealing or visitation disputes. However, the District Attorney's Office does have a Child Abduction Unit. Depending upon which parent actually has legal custody of the child, it is possible that the Child Abduction Unit may be able to help. The first step in the process requires a complaint be filed with the local police or sheriff's department. If appropriate, the complaint will be referred to the Child Abduction Unit. If your have any additional questions, you may call the Child Abduction Unit at (213) 974-3931 or visit their website. Click here for pictures of Abducted Children.

  • Since the Child Support Services Department is enforcing the support obligation, can the Child Support Services Department also enforce visitation rights that are contained in the court order? [ Top ]

No. By law, the Child Support Services Department has no authority to become involved in visitation issues. An issue concerning visitation and/or custody is independent from the issue of child support. You can also contact the Family Law Information Center at (213) 893-9754 or (562) 807-7300.

   Telephone Hearing
  • I received a notice to appear in court but I live outside the County of Los Angeles and cannot attend. How can I get a telephonic hearing? [ Top ]

Telephonic appearances are granted at the discretion of the court. A request for telephonic appearance must be filed with the court at least 12 days before the hearing. You must make your request using Form FL-679, Request for Telephone Appearance (Governmental). Once you have completed the form, you may contact CSSD for the court's fax number to send your request.

   Other Family Issues
  • Can the Child Support Services Department help me obtain a restraining order against the NCP? [ Top ]

No. The department is prohibited from getting involved in situations of this type. However, you may obtain information and assistance regarding the filing of a restraining order from the Los Angeles County Domestic Violence Hotline at (800) 978-3600. Also, if you obtain a restraining order, the issue of child support can be raised at the hearing for the restraining order. If you have an open case, you can simply provide us with a copy of the order or provide us with the court order number.

  • Can the Child Support Services Department help me obtain a divorce? [ Top ]

No. The Child Support Services Department has no authority to handle divorces, nor can it become involved in property settlements or visitation issues.

  • I now have custody of my child. How can I close my child support case? [ Top ]

Send written proof of the custody change to your divisional office for review. CSSD may need to verify this custody change with the CP. If CSSD is unable to verify the claim, you should speak with the Family Law Facilitator's Office for further assistance.

   Court Appearances
  • Where is the Central Civil West Courthouse? [ Top ]

The Central Civil West Courthouse is located at 600 South Commonwealth Avenue, Los Angeles, at the intersection of Commonwealth Avenue and 6Th Street. The nearest major intersection is Wilshire and Vermont. The closest Metro Redline station is located at Wilshire and Vermont. Click here to see a map of the area.

  • What time should I arrive and where do I check in? [ Top ]

Individuals have been notified to arrive at either 8:00 a.m. or 10:00 a.m. Please arrive by your designated time. If you arrive late, your case may be delayed. Please note that the public is not allowed to enter the building until 7:30 a.m. You must go to the 18th floor to check in.

Criminal case participants are notified to appear in court at 8:30 a.m. Defendants and/or their attorneys must check in with the court clerk in Department 2E on the 16th floor, then check in on the 5th floor and wait to be interviewed. CPs and witnesses check in on the 5th floor. If someone is surrendering (walking in) on an outstanding bench warrant or arrest warrant, he or she must check in on the 3rd floor to recall the warrant and then check in with the court clerk on the 16th floor.

Note: If the person has a civil case on calendar the same day as their criminal case, they must also check in on the 18th floor.

  • What time will I be done? [ Top ]

While every attempt is made to have your business completed as early as possible, depending on when the court can hear your case, you may have to remain the entire day.

  • Do I need to bring anything? [ Top ]

You MUST bring the letter that the Child Support Services Department (CSSD) sent to you. Court rules require that you bring two recent pay stubs, two years of recent tax returns and proof of childcare expenses, if any.

Also, please bring proof of any unusual expenses or payment records that may be relevant to your case. In addition, you will be asked to provide information regarding your health insurance including dental and vision coverage. Please bring health insurance cards or other documents you believe are relevant to the issues to be heard in court.

  • I received a letter to appear, but I can't make it. I want to reschedule. [ Top ]

If the appearance is for a court hearing and you have been served to appear on that date, you or your attorney generally must appear. At the hearing you may ask the court for a continuance date but first contact the call center as soon as possible so they can notify the CSSD attorney who will be handling the case.

  • I have a restraining order against the other parent and I am concerned about my safety. What should I do? [ Top ]

Please alert CSSD staff on the 18th floor if you have a restraining order. We can arrange for you to wait in another area if you have security concerns.

  • Should I bring my children? [ Top ]

Please do not bring your children, unless asked to do so, as the court officer may not allow children in the courtroom. There is no childcare provided at the facility.

  • May I bring other people with me? [ Top ]

Generally, only parties to the case may remain in the waiting room.

  • Is parking provided? [ Top ]

The building and the adjacent lots all charge for parking. There is a 2-hour metered parking on the streets, which is available from 8:00 a.m. to 6:00 p.m., Monday through Friday.

  • Can I make child support payments at the courthouse? [ Top ]
Yes, you can make payments on the 18th floor of the building.

Escrow FAQs [ Top ]
  1. My escrow company has informed me there is a lien on my property. Why was a lien placed and how can I remove it?

  2. Can a lien be placed on property outside of California?

  3. What happens to the lien if I quit claim the property?

  4. How can I use my home to pay off my child support arrears?

  5. What is the benefit of using the equity in my home?

  6. What are the advantages to paying off my child support arrears?

  7. What are the advantages to reducing my child support arrears?

  8. Will CSSD refinance my home or arrange for me to take out a home equity loan?

  • My escrow company has informed me there is a lien on my property. Why was a lien placed and how can I remove it?[ Top ]

Placing a lien on a real property is a mandated enforcement action for all civil orders or judgments for child support cases. An Abstract of Support Judgment filed with the county recorder's office creates a lien, pursuant to code of civil procedures §697.320. In order to remove your lien, a demand letter is required along with a copy of the abstract from your escrow company. Once the request is received, an arrears balance, if any, will be provided to the escrow company within 15 calendar days. If the amount provided is satisfied, a withdrawal of lien will be processed.

NOTE: CSSD cannot expedite this process. Please request the demand or withdrawal of lien as early as possible to meet any escrow deadlines.

  • Can a lien be placed on property outside of California?[ Top ]

Yes. There are new provisions that allow states to file child support liens in other states. This is done on a case-by-case basis.

  • What happens to the lien if I quit claim the property?[ Top ]

All property owners involved could be liable for the debt if the lien was in place before the quit claim was recorded.

  • How can I use my home to pay off my child support arrears? [ Top ]

Using the equity in your home, you may be able to either refinance your mortgage or obtain a Home Equity Loan (HEL) or a Home Equity Line of Credit (HELOC) to reduce your child support arrears or possibly even pay off your child support arrears in full.

  • What is the benefit of using the equity in my home? [ Top ]

1. The interest is typically much lower than the interest charged on other types of loans.

2. The interest may be considerably lower than the 10% per year that is accruing on your unpaid child support debt.

3. Unlike the interest you pay for child support, the interest paid on a refinance may be tax deductible! (See your tax preparer to see if you qualify.)

  • What are the advantages to paying off my child support arrears? [ Top ]

1. Eliminate interest, which is accruing on child support arrears at the rate of 10% per year

2. Improve your credit rating

3. Prevent suspension of your driver's license

4 Prevent suspension of your professional license

5. Prevent intercept of your tax refunds

6. Prevent suspension of your passport

7. Prevent a levy against your bank account

  • What are the advantages to reducing my child support arrears?[ Top ]

1. Improve your credit history by reducing your total indebtedness

2. Minimize the amount of interest paid

  • Will CSSD refinance my home or arrange for me to take out a home equity loan? [ Top ]

Unfortunately, our agency cannot be involved in a refinance of your home nor assist you in obtaining a home equity loan or line of credit. You should seek out information from your tax preparer or lending institution.

 Paternity Disestablishment FAQs [ Top ]
  1. What is Paternity Disestablishment?

  2. Can I ask the court to overturn a paternity judgment that relates to me?

  3. What must I do in order to ask the court to overturn the paternity judgment?

  4. Who must receive a copy of (or be served with) the motion?

  5. Does Section 7646 cover every judgment that deals with paternity or support?

  6. Can I file a 7646 motion any time?

  7. Must I have genetic test results before filing a 7646 motion?

  8. Who pays for the genetic testing?

  9. Must I have an attorney to file a 7646 motion?

  10. Where can I obtain the forms needed to file a 7646 motion?

  11. Where would a 7646 motion be filed?

  12. If my motion is granted, will I be reimbursed for child support payments I made while the judgment was in effect?

  13. Is it possible for the court to deny my motion even if testing proves I am not the father?

  • What is Paternity Disestablishment? [ Top ]

After the Governor signed the paternity disestablishment bill (AB 252), Family Code Section 7646 was added to the California Family Code. Section 7646 became effective January 1, 2005. This law allows certain people to file papers with the court (or motions) asking the court to:

  • Order genetic or DNA testing;
  • Overturn the paternity/support judgment;
  • Stop monthly child support;
  • Get rid of child support arrears.
    • Can I ask the court to overturn a paternity judgment that relates to me? [ Top ]

    Yes if you are one of the people listed below:
    1. The man named in the judgment as the father,
    2. The woman named in the judgment as the mother,
    3. The child named in the judgment, or
    4. The legal representative of the people mentioned in A, B or C.

    • What must I do in order to ask the court to overturn the paternity judgment? [ Top ]

    You must file a motion with the court. The motion is described in Section 7646 of the California Family Code. The motion includes a notice that the motion has been filed, a declaration, and a proof of service.

    • Who must receive a copy of (or be served with) the motion? [ Top ]

  • The woman named in the judgment as the mother (or previously     established mother ("PEM")).
  • The man named in the judgment as the father (or previously     established father ("PEF")).
  • The local child support agency (or "LCSA").
  • The child's guardian ad litem, ("GAL") if the child has a GAL.
    • Does section 7646 cover every judgment that deals with paternity or support? [ Top ]

    No. Family Code Section 7646 does not apply to all judgments or orders, which deal with paternity or support. Section 7646 does not apply to:

  • Judgments/orders entered by a court in another state
  • Orders which do not establish paternity
  • Divorce judgments
  • Judgments of legal separation
  • Nullity judgments
  • Judgments concerning a child conceived by artificial insemination
  • Judgments concerning a child presumed to be a child of a marriage
  • Judgments which are based on a genetic test which did not exclude the     PEF as the biological father
    • Can I file a 7646 motion at any time? [ Top ]

    No. A 7646 motion must be filed within certain time frames. The time frame depends on the type of judgment involved. If you are considering filing a 7646 motion, you should act quickly to make sure that your motion is filed in time.

    • Must I have genetic test results before filing a 7646 motion? [ Top ]

    No. Genetic testing can be conducted after the motion is filed.

    • Who pays for the genetic testing? [ Top ]

    In those cases being enforced by a local child support agency, the local child support agency pays for the genetic testing.

    • Must I have an attorney to file a 7646 motion? [ Top ]

    No. You do not need an attorney to file a 7646 motion. You can prepare the motion yourself, seek the assistance of a paralegal, or obtain assistance from the Office of the Family Law Facilitator.

    • Where can I obtain the forms needed to file a 7646 motion? [ Top ]

    You will need three forms to file the motion, they are:

  • Notice of Motion (Form FL-680)
  • A Declaration (no form number)
  • A Proof of Service (Form FL-335)
    • Where would a 7646 motion be filed? [ Top ]

    If the paternity/support judgment is being enforced by the County of Los Angeles, Child Support Services Department, then the motion should be filed in the Clerk's Office of the court house located at 600 South Commonwealth, Los Angeles, California 90005.

    • If my motion is granted, will I be reimbursed for child support payments I made while the judgment was in effect? [ Top ]

    No. If the court grants your motion, you are not entitled to reimbursement for the child support payments you made while the judgment was in effect.

    • Is it possible for the court to deny my motion even if testing proves I am not the father? [ Top ]

    Yes. If the court determines that it would be in the child's best interest, the court can deny the 7646 motion and hold the previously established father to the judgment.

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