Welcome
Child Support in DetailThis section tells you about: - How to get an Order for Child Support
To get an order for child support, you must first file a case with the Court. If you do not have an existing case, you need to file one:
Alternatives:
- If you ARE MARRIED to the other parent, you can file an action for divorce or legal separation. If you do not want to file for divorce or legal separation, you can file a Petition for Custody and Support of Minor Children and Summons.
- If you are NOT MARRIED to the other parent, you must file a parentage action. This means you are asking the court to say who the other parent is. You are also allowed to ask for child support, custody and visitation orders at the same time.
- If you are asking for a Domestic Violence restraining order and also need child support, click here.
- You can contact the Department of Child Support Services (DCSS) to open a child support case for you free.
Here are ways you can ask the court for an order:
- Ask a lawyer to help you.
You can look for a lawyer in the phone book or call the Lawyer Referral Service of the Marin County Bar Association.
- Contact the Department of Child Support Services (DCSS) see Resources above.
- Do it yourself:
You can buy self-help divorce books, Family Local Rules for Marin County, and legal forms at book stores, stationery stores or printing companies. Or, download Local Family Forms from this site or the Judicial Council's web site. (Click to go to forms page.)
- Contact the Family Law Facilitator at the Legal Self Help Center of Marin for help.
- How to file an Order to Show Cause (OSC) or Notice of Motion
This section tells you about:
What is and when to use an Order to Show Cause (OSC)
When you file your divorce, legal separation or parentage case, you must also file a motion called an Order to Show Cause (OSC). An Order to Show Cause is a court order for the other party in your case to come to Court. You can file an OSC to:
- Ask for temporary child orders when you first file your parentage, divorce, or legal separation case
- Ask for child orders in an existing case
- Ask for a change to your current orders, or
- Ask to cancel ("set aside") a default judgment (a judgment that was made when you didn't respond to legal papers or appear in court) in a Department of Child Support Services child support case. If the court cancels the judgment, they will tell you what you owe for current and past child support (arrears).
Forms you will need:
If you are the person filing the Order To Show Cause (called the "moving party"), you must fill out these forms. You will also need the following forms for serving these documents on your spouse:
- A blank Responsive Declaration To Order To Show Cause Or Notice Of Motion (Form FL-320)
- A blank Income and Expense Statement (Form FL-150)
There are 3 ways to fill out your own forms:
- Print the form on a printer, then print neatly in blue or black ink; or
- Fill out the form online using the links above, and print the filled-out form; or
- Fill out your form online using I-Can! (answering questions to complete the form) and then print it.
How to Fill Out, File and Serve the OSC Forms:
Step 1: Fill out the forms:
If you have an existing case, no matter how old, use the same case title. After you fill out your forms, make 3 copies (for you, the other party, and one extra).
Step 2: File the forms:
Take your completed forms to your local court’s Calendar office and ask for a hearing date. Then file your papers at the Clerk's office.
If the Department of Child Support Services (DCSS) is already collecting child support in your case, you will file papers, and your hearings will be at Department P.
If the Department of Child Support Services is not collecting child support in your case, you will file papers, and your hearings will be at Department O. Step 3: Serve the documents:
You must serve the other parent with endorsed/filed copies of the court forms at least 21 days before your hearing (or sooner if the Judge says so). Someone over 18 — not you — must personally serve the other parent.
And, if the Department of Child Support Services is collecting child support, someone over 18 — not you — must personally serve it.
These are the forms you must serve:
- Your Order To Show Cause
- Your Application for Order and Supporting Declaration
- Your Simplified Financial Statement or Income and Expense Declaration
- A blank Responsive Declaration
- A blank Simplified Financial Statement or Income and Expense Declaration
Remember: You cannot serve the papers yourself.
Your papers must be served by an adult (over 18) who is not involved in your case. OR, hire a professional process server to serve your papers. (See your phone book.)
The person who serves the papers must complete a Proof of Personal Service (form FL-330). The proof of service says he or she delivered the papers to the other party.
Step 4: File the Proof of Service:
File the original proof of service at the Court Clerk’s office as soon as possible. This should be done before your hearing. Bring a filed copy of the proof of service to your hearing. If you can't file the proof of service before the hearing, bring the original to your hearing.
Step 5: Go to your hearing:
Come to Court early. Look for your name on the court calendar. The calendar is on the wall outside the courtroom door. Make sure your case is listed on the calendar. If it is not listed, and your papers say this is the right date and time, show your papers to the deputy inside the courtroom or go to the Calendar Clerk in the Clerk’s Office. Remember: Bring copies of all the papers in your case (especially the ones you filed to get this Court hearing), your copy of the filed proof of service, and any other papers that support your case, like pay stubs for the last 3 months, tax returns for the previous year, child care receipts, and anything else that supports the information in your Simplified Financial Statement or Income and Expense Declaration. If you are self-employed, bring papers that show how much money your business is making.
If you have any witnesses, make sure they come, too. Step 6: After the hearing:
After the hearing, any orders the Judge makes must be written down on court forms. You can ask the Judge for a referral to the Family Law Facilitator for help with the forms.
Click for important information in the Child Support Case Registry Form instruction sheet and to download the form itself, form FL-191.
Other things you should know...
Amount of Child Support:
The Judge will follow the child support laws (“guideline”) to decide how much child support should be ordered.
Health Care:
When you ask for child support, the Judge can make orders about who pays your child(ren)’s health insurance (this includes vision and dental) and how the parents share the health care costs not paid for by insurance.
Child Care:
When you ask for child support, you can also ask the other parent to share your child(ren)’s child care costs.
Child Support Payments
Child Support is usually paid from a parent’s paycheck (withholding). To do this, visit a lawyer or the Family Law Facilitator. Employers cannot fire employees because child support comes out of their paycheck.
Help:
If you need extra help, talk to a lawyer or to the Family Law Facilitator.
How to Respond to an Order to Show Cause or Notice of Motion for Child Support Step 1: Complete Response( FL320) and Income and Expense (FL-150) forms.
You will need copies of your most recent 3 months’ pay stubs or current Profit and Loss Statement and last year’s income tax return. Copies will be attached and served on the Department of Child Support Services and the other party. One copy will be filed with the court under seal (place in a sealed envelope with case information on the outside).
Step 2: Make 3 Copies
After you fill out your forms, make 3 copies (for you, the other party, and one for Department of Child Support Services). The original set is for the Court along with the sealed envelope from Step 1.
Step 3: Serve the Papers on the Other Parent
Have a copy of the completed Response (FL-320) and Income and Expense (FL-150) with attachments served on the other parent, by someone who is over 18 and not a party. The forms must be served and filed at least 9 court days before the hearing date plus 5 calendar days to allow time for the mailing. The server must fill out the Proof of Service (FL-335).
Step 4: File the forms; About Filing Fees
File the original and two copies of your papers in Room 113 of the Civic Center. Give the court clerk the sealed envelope with your financial information. Ask the court clerk to put one copy in the DCSS mail box. There is no court fee for filing a first paper or any subsequent papers on issues relating to parentage or support for cases in which the DCSS is providing services.
Step 5: The Hearing
You must attend the hearing. The DCSS will prepare and serve orders made on the Family Support Calendar in Courtroom P
How to raise or lower child support
If you want to ask the Judge to change the child support (higher or lower), you have to file the correct court forms in your court case. It does not matter how old your case is. The law says you must show that circumstances have changed since the last order. If you want to ask the Judge to change the child support (higher or lower), you have to file the correct court forms in your court case. It does not matter how old your case is. The law says you must show that circumstances have changed since the last order. To change the amount of support, you can: - Talk to a lawyer
- Ask the Department of Child Support Services to help you
- Do it yourself. You can buy a self-help book or legal forms and instructions that explain how to file an Order to Show Cause to change child support. You can get these forms on the Judicial Council's web site.
- Contact the Family Law Facilitator. If you and the other parent have an agreement, or think you can make an agreement on the amount of child support, they can help you write up your agreement. (They cannot help you write up an agreement if the Department of Child Support Services is collecting child support in your case.)
- How to reinstate (get back) your driver's license (or other professional license)
If you do not pay court-ordered child support, your license can be suspended. To get your license back, contact the Department of Child Support Services. If that doesn’t work, ask the Judge to order the Department of Child Support Services to give you your license back. To do this, file a Notice of Motion for Judicial Review of License Denial (Form FL-670). Filing this form does NOT change how much child support you must pay. To change your support order, file an Order to Show Cause.
Here’s how you file your Notice of Motion for Judicial Review of License Denial.
- Fill out the Notice of Motion for Judicial Review of License Denial form (Form FL-670). Use the same case number and case title. You and the other parent will always be called Petitioner or Respondent as you were in the first papers filed.
- Make 2 copies of your form (1 for you, the other for the Department of Child Support Services). The original is for the Court file.
- Go to the Clerk’s office and ask for a date for your hearing. At the hearing, you will tell the Judge why you should get your license back.
- Take your forms to the Clerk’s office at the Superior Court, Room 113.
If you don’t have enough money to pay the filing fee, apply for a Fee Waiver.
- Serve the papers - Serve the papers on the Department of Child Support Services (DCSS) by dropping off a copy in the DCSS box in Room 113..
- Get ready for your hearing - On the date of your hearing, you will probably have to wait a long time. Sometimes, it takes more than half a day. DO NOT bring children.
Frequently Asked Questions
Is my spouse's income going to be counted for child support?
The Court usually uses the parents' incomes only to calculate child support. But, the Court can ask about your spouse's income for tax or other purposes.
How do I stop my employer from taking child support out of my paycheck when my child turns 18?
You must file an Order To Show Cause to ask the Court to stop taking money out of your pay. If the Court approves, the Judge will sign a new wage withholding order for $0. You can take this to your employer.
Do I still have to pay child support if I have 50/50 custody?
If you make more money than the other parent, you may still have to pay some child support.
Will the Court consider that I have other children to support?
The Court can give you credit for other child support orders and for other children in your home that you support. The Court usually does not give credit for stepchildren, or grandchildren.
Will I pay less child support if I have the child(ren) more often?
The amount of time that the children are with you is a factor in calculating child support.
How long do I have to pay child support?
You will pay until the child is 18 years old, if he or she graduates from high school. If your 18-year-old child is still a full time high school student and still lives with a parent, you must pay child support until your child graduates or turns 19.
Do I have to pay the interest on past due child support?
Usually, the Court cannot reduce or cancel interest on past due child support. Talk to a lawyer.
How do I stop them from taking half my paycheck?
If your employer is deducting 50% or more of your check, you may have an arrears (past due child support) balance. First, contact the Department of Child Support Services (DCSS) to see if you can make other arrangements. If that does not work, you can file court forms to ask a judge to set a payment that you can afford.
What if the other party does not pay the child support?
Talk to a lawyer or visit the Family Law Facilitator.
Where can I get more information?
Read the California Dept. of Child Support Services online booklet, Child Support Handbook.
|
|
