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To
obtain an order for child support, you need to have an active case with
the Court. If there is no existing case, you need to file one of the
following:
-
If you are
married to other parent, you have to file a petition for
divorce, legal
separation or nullity. Click here to access information on
Divorce, Legal Separation and Nullity.
-
If you are not
married to the other parent, you have to file a petition to
establish parental
relationship. Click here to access information on Unmarried
Parents (Uniform Parentage Act Case). A paternity action can be filed by
either the mother or father. If you file a paternity action yourself,
you can request orders for custody and visitation as well as child
support at that time.
-
A Petition for
Custody and Support of Minor Children (this petition will not
terminate your marriage or establish a parental relationship).
You
have several alternatives available to you assist you in obtaining a
support order:
-
You can contact an
attorney for legal advice or to represent you by looking in the
telephone book.
-
You can contact
the Department of Child Support Services (DCSS). The Department of
Child Support Services can help you with child support only and not with
any other family law issues such as custody, property, or a divorce. If
you want custody or visitation orders, you may file an Order to Show
Cause in the family support case, but the Department of Child Support
Services office will not be involved in that portion of the case. You
can contact the Department of Child Support Services, located at
525 W. 3rd
Street,
Hanford,
CA
93230
or telephone them at 1-866-901-3212.
-
You can represent
yourself. It may be helpful to drop by the
Family Law
Facilitator's Office. Click
here to view the Family Law
Facilitator’s schedule. The Facilitator's Office can provide information
and assistance in completing, filing and serving the necessary
documents. The Facilitator is an attorney who is available to provide
free legal advise in the area of family law when there are children at
issue. The Facilitator does not take appointments and sees customers on
a first come first serve basis.
-
You can contact a
paralegal to help you prepare the documents, but remember that a
paralegal cannot give you legal advice, especially about important
rights you might have.
An
Order to Show Cause
can
be filed at this same time you file your petition for divorce, legal
separation, nullity or parental relationship or if you already have an
active case with this Court. This Order to Show Cause will get you a court
hearing date for your support issues and require the other party in your
case to appear in Court. You can use an Order to Show Cause to:
-
Ask for child or
spousal support order(s) when filing a petition to establish a parental
relationship, or for divorce, legal separation or nullity, or to request
a change to such orders.
-
Ask for
modification of an existing order for support.
-
Ask to cancel (set
aside) a Default Judgment in a Department of Child Support Services
case. There are special rules that apply here and you should seek legal
assistance.
-
If
you are the party filing the Order to Show Cause (the "moving party"),
you will need to complete the appropriate
Judicial Council of California
forms:
You
can download these documents by clicking on the blue highlighted link
above or they are
available for a fee from any of the clerk’s offices in Kings County.
You
may print the information on your legal forms neatly in blue or black
ink. For more information on filing requirements, please click
California Rules of Court, rule 2.100 et
seq..
Step
1. Prepare the forms:
-
If you have an
active
Kings County case, no matter how old, be sure to use the same case title
and case number.
-
Make three copies
of the completed papers (for you, the other party, and the Department of
Child Support Services, if involved).
Step
2. File the forms:
-
Take the set of
completed forms to the Civil Division located at
1426 South Drive,
Hanford.
-
The Filing Clerk
will file/endorse stamp your original/copies and retain the originals.
Step
3. Serve the documents:
If
the Department of Child Support Services is part of your case, you will
need to have the Department of Child Support Services served with an
endorsed/file copy. You must have an endorsed/filed copy of the following
documents delivered personally to other the party at least 16 court days prior
to the hearing date (pursuant to CCP 1005(b)):
-
Order to Show
Cause
-
Application for
Order and Supporting Declaration
-
Income and Expense
Declaration
-
A Blank Responsive
Declaration (not filed)
-
A Blank Income and
Expense Declaration (not filed)
-
A Blank Mediation
Notice
You
cannot serve the papers yourself.
Service must be done by an adult (over the age of 18 years) who is not a
party to the case, a professional process server (see your local telephone
book) or the County Sheriff's Civil Division, 1400 W. Lacey Blvd.,
Hanford. Whomever delivers the papers must complete a Proof of
Service declaring that he or she has delivered the papers to the other
party.
Step
4. File the Proof of Service:
You
must file the original Proof of Service with the clerk’s office (at any
location in Kings County) as soon as possible and at least 10 days before
the hearing. Bring a filed copy of the Proof of Service with you to the
hearing.
Step
5. Attend the Court Hearing:
Come
early to the hearing.
Look for your name on the court calendar posted outside the courtroom to
make sure that your case is listed as being heard on the court's schedule
for this date and time. If it is not listed, and your papers indicate you
have the right date and time, show your papers to the bailiff (deputy
sheriff) inside the courtroom. Do not forget to bring copies of all
papers in your case, your copy of the filed Proof of Service, and any
supporting documents such as pay stubs for the last three months, tax
returns for the previous year, child care receipts, and anything else that
will help prove the information in your Income and Expense Declaration.
Step
6. After the Hearing:
After the hearing is over you must write the Court's orders on the
following documents as appropriate:
-
Findings and After
Order Hearing and any Attachments (for child/spousal support and custody
orders)
-
Order/Notice to
Withhold Income for Child Support
Deliver them or mail them directly to the Clerk's Office with a stamped
self-addressed envelope, where they will be forwarded to the Judge for
signature and returned to you.
Amount of Child Support:
If you want to know the amount of child support that would be payable
under the California State Child Support Guideline, you can contact an
attorney or go to the
Family Law
Facilitator's Office.
Health Care:
When you apply for child support, you can also request the other parent
share in the health care insurance and unreimbursed or uncovered health
care costs for your child or children.
Child Daycare and other care costs:
You
may also request that child-care costs be shared or paid by the other
parent.
Assistance:
If
you are completing your paternity, martial action or child support forms
and need assistance, you can contact an attorney or go to the
Family Law
Facilitator's Office.
When
you file your Order to Show Cause documents, you will need to pay a
filing fee(s). You may apply for a
fee waiver if your income/expense
levels meet the appropriate standards.
If
the other parent fails to pay court ordered child support, you have
several options available. First you must decide if you want to proceed
on your own, hire an attorney, or engage the services of Department of
Child Support Services.
If
you choose to enforce the court orders yourself, you should assess your
current situation. You may only need a wage and earnings assignment
served on the other parent's employer. The wage and earnings assignment
orders the other parent's employer to withhold the child support amount
and send it directly to you. The amount withheld each pay period cannot
exceed 50% of the parent's net income.
If
the other parent has not paid support for a period of time, you may ask
the court to make a determination as to the arrearages owed and set a
monthly payment on arrears in addition to the ongoing support order.
Other options are available, such as interception of tax refunds, levies
on bank accounts and personal property, as well as liens on real property
owned by the other parent, and ultimately, you may ask the court to find
the other parent in contempt of the court's order, asking to punish the
other parent accordingly. It is suggested that you hire an attorney or
open a case with the Department of Child Support Services if you wish to
pursue contempt orders as they are very difficult to prove and very strict
rules apply that must be followed. Generally, only trained legal
professionals should pursue contempt orders.
If
you choose to have the Department of Child Support Services enforce your
support orders, they can do all of the same things you can as well as
issue administrative orders such as suspension the other parent's driver's
license a/or any other license they may hold. Additionally, in the case
of willful failure to pay child support, they may file criminal charges
against the other parent.
If
you want to increase or decrease child support, you can file a request for
modification of the child support order in your existing case, no matter
how old it is. The law requires that you show a change of circumstances
since the last order. This section also explains what to do if you
believe the Department of Child Support Services is taking too much money
from your check.
You
should also know.....
You
have to file an Order to Show Cause or Notice of Motion to get a court
hearing to decrease or increase child support.
If
you are completing your child support forms and need assistance, or if you
want to know the amount of child support that would be payable under the
California State Child Support guideline, you can contact an attorney or
get assistance in completing your legal forms at the
Family
Law Facilitator's Office.
Click
here
for the location
and hours of the Family Law Facilitator.
If
you come to the Facilitator's Office for assistance to complete your legal
forms or to have an agreement prepared, be sure to bring your court case
number and a copy of your old order or your court papers if you have
them. If you have a Department of Child Support Services case, bring any
court papers you have or bills or correspondence from the Department of
Child Support Services. Also, bring your payroll check stubs and recent
income tax returns.
If
your driver's license has been suspended or renewal denied as result of a
failure to pay child support, first contact the Department of Child
Support Services, located at
If
the Department of Child Support Services denies your request to have your
license reinstated, you may then file a Notice of Motion for Judicial
Review of License Denial. The form is available from the
Judicial Council's web site
and can be downloaded by clicking on the link below.
Notice of
Motion for Judicial Review of License Denial, FL-670
You
may also contact the Family Law Facilitator's Office for assistance.
There are two ways to have your case brought here from another county:
-
Registration of
California
Support Order
-
Change of Venue
Registration of California Support Order:
If you are the parent receiving child support, you may register your child
support order from a different
California
county here in Kings County. The paying parent may not. Keep in mind
that if you register the support order, you are only allowed to modify or
enforce child support orders. You are not allowed to change
custody or visitation.
How
to Register Your Order:
Step
1. Prepare the forms:
Fill
out the Statement of Registration of California Support Order,
Judicial
Council
of California Form FL-440 and attach a stamped copy of
the support order or income withholding order. If the paying parent owes
back support, you may attach a Declaration of Arrearage, Judicial
Council of California Form FL-420. Make 2 copies of your documents.
The
form is available from the
Judicial Council's web site
and can be downloaded by clicking on the links below.
Statement of Registration of California Support
Order,
Judicial
Council
of
California Form FL-440
Declaration of Arrearage, Judicial Council of
California Form FL-420
Step
2. File the forms:
File
the forms at the clerks office (Civil Division) located at 1426 South
Drive, Hanford. Include an envelope addressed to the paying parent with
enough postage to assure delivery.
Change of Venue:
If you have a dissolution, legal separation, nullity or parentage case in
another county and you and your child(ren) now reside in Kings County, you
may ask the court in the other county for permission to transfer
the entire case to this county. This is done by filing a Motion for
Change of Venue. If granted, the entire case moves to this county and all
future orders including support and custody will be decided here in Kings
County.
Is
my spouse's income going to be counted for child support?
Generally, the Court will only use the parents' income for calculation of
child support. However, the Court can inquire about your spouse's income
for the purpose of setting taxes, and in unusual cases, for other
purposes.
How
do I stop the Wage and Earning Assignment Order/Notice to Withhold Income
for Child Support, if the child is over 18 years of age and out of high
school?
You
can file an Ex Parte Application for Wage and Earnings Assignment Order
with proof of the child's age and education.
Do I
still have to pay child support if I have a 50/50 custody?
If
you earn more 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 consider other court orders for child support and may give you
credit for children in your home that you are supporting.
Generally, you cannot receive credit for step-children, foster children or
grandchildren.
Will
my support go down if I have the child(ren) more often?
The
amount of time that the children are in your custody is a factor in
calculating child support. Generally speaking, the more time you have the
children, the lower your child support because it is reducing the expenses
of the custodial parent.
How
long do I have to pay child support?
Until the child is 18 years of age, if he or she has already graduated
from high school. If your 18 year old child is still a full time high
school student residing with a parent, the child support is payable until
your child graduates or reaches 19 years of age, or your child marries,
dies, becomes self-supporting or emancipates.
Can
I get rid of the interest accruing on the back child support I owe?
Generally speaking, the Court cannot reduce or forgive interest on past
due child support. Consult an attorney or the
Family Law
Facilitator's Office.
How
do I stop them from taking half my paycheck?
If
your employer is deducting up to 50% or more of your check, then you have
a very large arrearage (past due child support). You should first contact
the Department of Child Support Services located at 525 W 3rd Street,
Hanford, CA 93230 or by telephone at 1-866-901-3212 to see if arrangements
can be made with them. If that does not work, then you may need to file a
motion with the Court to ask a judge to set a payment on the arrearages
that you can afford.
What
if the other party does not pay child support?
If a
wage assignment was not already signed, you may apply directly to the
Court. You may also contact the Department of Child Support Services
located at 525 W 3rd Street, Hanford, CA 93230or by telephone at
1-866-901-3212 who will help any parent, regardless of income and at no cost, to
enforce child support orders. You do not have to be on public assistance
to get help from the Department of Child Support Services.
If
you have decided to represent yourself, you have taken on the
responsibility of knowing the procedures and timelines relating to your
paperwork. You may also learn about the rules you must follow in the
Family Code, Code of Civil Procedure
and the
Local Rules
of Court as, well as the
California Rules of Court. You
can find those resources, as well as guide books to assist you, at the
Law Library
located in Building 4 of the
Government
Center, 1400 W. Lacey Blvd.
Click
here to view the Local Rules of the
Court. You can also purchase the Local Rules of the Court for $10.00 from any of the clerk’s
offices or download them at no cost by clicking on
Kings County Superior Court
Local Rules.
If you wish to view the Family Code or Code
of Civil Procedure, they are available through the California Law web
site located at
www.leginfo.ca.gov/calaw.html.
Then, follow the directions for finding the code(s) you are interested in.
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