Q.What should I do if the noncustodial parent moves away?
A.Tell our office when you or the other parent moves, no matter where. They can transfer your child support case to the county or state where you move if you are a custodial party. Also, tell our office where the noncustodial parent moves. Child support can be enforced anywhere in the United States.
Q.May I look at the payment records?
A.If you are the custodial party, you may view those payments that have been issued to you. If you are the noncustodial party, you may view the payments made by you that have been processed.
Q.The other parent is in jail. Can I get support?
A.Unless he/she has assets, like property or income from an outside source or from a work release program, it is unlikely that support can be collected until he/she gets out of jail and receives income or acquires property.
Q.Is there any way to avoid having to go to court?
A.Yes. You can avoid going to court by signing a Legal Agreement (stipulation). The noncustodial parent and our office can agree (stipulate) on the amount of child support if the custodial parent is receiving public assistance. If neither parent is receiving public assistance, then both parents may sign a legal agreement that establishes paternity and makes a formal arrangement to make child support payments.
Q.What else is in a stipulation?
A.The stipulation contains the agreement that the noncustodial parent is: 1) The parent of child, 2) Willing to pay child support, 3) Willing to provide health insurance for the child if it is available through the parent's employer, and 4) Willing to allow the court to enter an order without appearing in court.
Q.What if he denies he is the father, or says he’s not sure?
A.Paternity may be determined after genetic tests are given to the mother, the child and alleged father. Test results are available in approximately four to eight weeks. The tests exclude men who are not the father and indicate the likelihood of paternity of a man who is not excluded. Genetic tests are very reliable, which is why so few paternity cases go to trial.
Q.Despite the genetic testing, the alleged father still says he is not the father. Will the case be closed?
A.No. If the genetic tests show that it is likely that he is the father, the matter will be set for a hearing or trial and paternity will be decided. If the issue of paternity is to be tried, then the RCDCSS will have to do additional investigation to prepare for trial. Once the RCDCSS believes it is prepared for trial, it will request that the court set the date for trial. This process could take from a few weeks to more than a year, depending on the circumstances of the case.
Q.Can the parents rescind or cancel a Declaration of Paternity after it is signed?
A.Yes, either parent may rescind or cancel the Declaration of Paternity by filing a rescission form (CS 915) with CDSS-POP Unit. This form must be completed and filed within 60 days after the Declaration of Paternity is signed. This form must be notarized. The parent canceling the Declaration of Paternity must send a letter to the other parent telling them they are canceling the form. This letter must be sent to the other parent certified, “return receipt requested.”
A copy of the receipt and letter must accompany the rescission form when filed with the CDSS-POP Unit. The rescission form is available at the local child support agency or at the office of the local registrar of births and deaths.
Q.Can any special arrangements or provisions be made for completing a Declaration of Paternity when the father is in jail or away in the military and cannot be present at the hospital or should both the mother and father sign the Declaration of Paternity form together in front of the same witness?
A.Prior to 1997, it was the state’s policy not to allow fathers to sign paternity declarations prior to the child’s birth because we did not believe there was sufficient authority in the law to warrant such an allowance. However, effective January 1, 1997, there were some significant changes in the California Family Code and Health and Safety Code which supported allowing fathers to sign paternity declarations prior to a child’s birth. First, Health and Safety Code Section 10425 was amended to require a father not married to the child’s mother to sign a paternity declaration or adjudicate paternity in court in order to have his name included as the father on the child’s birth certificate. California Family Code 7570(e), allowing prenatal clinics to offer prospective parents the opportunity to sign voluntary acknowledgements of paternity was enacted by the legislature. Finally, California Family Code Section 7573, which states completed and signed voluntary paternity declarations filed with the state shall have the same force and effect as a judgment of paternity, was enacted by the legislature.
We believe it was the legislature’s intent in enacting the laws described above to allow unmarried parents to complete paternity declarations prior to the child’s birth. We believe this policy affords a father who is unable to be present at the time of his child’s birth, the same opportunity to declare paternity and get his name on his child’s birth certificate as a father who is present at his child’s birth. In applying this policy, we recommend it only be used when the father will be unable to be present at the time of the child’s birth.
Furthermore, although the mother should enter her identifying information at the time the father signs it, we strongly recommend mothers not to sign the form until the child has been born. In such cases, all fields on the form, except the child’s name and date of birth, should be completed at the time it is signed by the father.
Q.Can we accept the services of a Notary Public in another country where the father is located?
A.Yes. Section 7571(d) of the Family Code states that, “If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the CDSS-POP Unit and a copy of the original mailed to the State Office of Vital Records along with an Acknowledgement of Paternity (VS-22) and the $19.00 fee at any time after the birth of the child. The law is not specific about where the form can be notarized and if there is a notary in another country who signs, stamps, and witnessed that the person who is signing the form is verified and witnessed by them, then the form will be accepted as valid.
Q.How will a child benefit if the parents sign the Declaration of Paternity?
A.A child whose parents sign the Declaration of Paternity will receive many of the same benefits as a child born within a marriage. This includes: rights to medical coverage from the parent; rights to inheritance; rights to Social Security Survivors benefits if something should happen to either parent; and access to medical records in the case of life threatening illness, medical condition or emergency. The child also benefits emotionally by knowing who both of their parents are, and by having a connection to both sides of their family.
Q.Is the Paternity Opportunity Program a voluntary program for hospitals to administer?
A.No. This program is mandated by state and federal law. Beginning January, 1995, all hospitals in California with birthing facilities were required to provide unmarried parents the opportunity to voluntarily acknowledge paternity, following the birth of their child. The program is voluntary for the parents in the respect that they choose to sign the Declaration of Paternity, hospital staff are required to sign that they witnessed the parents’ signatures, distribute the copies accordingly and forward the original copy to the CDSS-POP Unit. It is critical that hospital staff ensure the form is correctly filled out and that is legible.
Q.What foreign countries does your State reciprocate?
A.Australia, Austria, Bermuda, Canada, Czech Republic, Fiji, Finland, France, Germany, Hungary, Ireland, Mexico, New Zealand, Norway, Poland, Republic of South Africa, Slovak Republic, Sweden, United Kingdom.
Q.Does your State have other paternity-related presumptions? If yes, briefly explain.
A.Yes. Putative father and child's natural mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated; before the child's birth, the putative father and natural mother attempted to marry and the child is born during the attempted marriage or within 300 days of termination of marriage or cohabitation; after the child's birth the putative father and natural mother attempted to marry, and he consented to listing his name on the birth certificate, or is obligated by a written voluntary agreement or court order to support the child; the putative father receives the child into his home and openly holds out the child as his natural child; the paternity is 100 or greater.
Q.What criteria for rebutting your presumptive guidelines have been established in your State?
A.Support is not assigned and parties stipulate to a different amount; deferred sale of home and rental value exceeds mortgage payments; homeowner’s insurance, and taxes; parent ordered to pay support has extraordinarily high income; parent is not contributing to child's needs commensurate with that parent’s custodial time; application of formula would be unjust or inappropriate due to extraordinary circumstances.
Q.What does it mean to “cooperate” with the RCDCSS?
A.To “cooperate" means you must provide any information or documents needed by the RCDCSS to establish paternity and/or locate the other parent, and to get support payments for your child. If you are receiving public assistance and you do not cooperate with the RCDCSS, you must have “good cause” for not doing so. Good cause means you must have a legally accepted reason for not cooperating with the RCDCSS such as probability of physical or emotional harm to you or your children.
Q.What does it mean to “assign my support rights?”
A.Only public assistance recipients or the parent(s) of a child placed for foster care must “assign” their support rights. When you “assign” you support rights to the county, you are giving the county the right to keep any medical support money that was owed to you at the time you received public assistance and any money it collects for you. The county will use that money to pay back any public assistance payments or services given to you or paid on behalf of your child. Any support money collected that is more than the public assistance benefits you receive will be paid to you.
Regardless of whether you agree or not, support rights are assigned by operation of law when you and or your children receive public assistance.
Q.What information must the other parent or I provide to the RCDCSS?
A.Refer to Step 1: Opening a Case for a complete list of information you must provide to help you case. When you apply for/receive child support services, you must promptly inform the RCDCSS of any changes of information or circumstances in your case. Some examples are: Address and telephone number changes, Name change, Initiation of any divorce or legal proceedings, New information regarding the noncustodial parent, Direct receipt of any child and/or spousal support, Direct receipt of payment from any other health coverage
Q.How do inquiries/disputes differ from complaints?
A.An inquiry or dispute is made by custodial parties, noncustodial parents, employers, other agencies and the public prior to the filing of a complaint and must be responded to by our office within three (3) business days. Most inquiries/disputes can be resolved quickly and informally. A complaint is an unresolved oral or written inquiry/dispute that is made within 90 days from the date the Complainant knew, or should have known, about the subject of the complaint. At any time, you have a right to file a complaint.
Q.How long does your office have to respond to my inquiry/dispute?
A.Most inquiries and disputes should be resolved quickly and informally without the need for the complaint resolution process. Our office may respond verbally, electronically, or in writing to any inquiry or dispute concerning a child support case within three (3) business days after receiving the contact. Additionally, our office must attempt to immediately resolve inquiries made in our office and respond to telephone inquiries within one (1) business day of receiving the contact.
Q.What is a response?
A.A response can be in the form of a face-to-face conversation, a letter, a telephone call, e-mail, etc.
Q.How long does your office have to resolve my inquiry/dispute?
A.Some inquiries and disputes may take more than three (3) business days to resolve. When more than three (3) business days are required to resolve an inquiry or dispute, our office must provide the person filing the inquiry/dispute with an acknowledgement of the inquiry or dispute, describe what action is being undertaken to address the inquiry/dispute, and provide a date when he/she may expect a response.
Q.How do I file a complaint?
A.You may file a complaint by completing the Request for Complaint Resolution (LCR001), located on our Forms and Publications page, and returning it to our office or by calling toll free (877) 930-2700. Your request for complaint resolution must be made within 90 days from the date you knew, or should have known, about the subject of your complaint.
Q.How long does your office have to respond to my complaint?
A.Our office has 30 days from the date we receive your complaint to give you a written resolution to your complaint. Our office will contact you if it needs more information or time to resolve your complaint. Our office can take up to an additional 30 days to resolve your complaint if needed.
Q.What type of complaints can be heard at a State Hearing?
A.Complaints that can be heard at a State Hearing include: 1) Your application for child support services has been denied or has not been acted upon within the required timeframe; 2) Your case has been acted upon and you believe the county acted in violation of federal or state law; 3) Child support payments were not disbursed to you or you received the wrong amount. Or, you don’t agree with the past-due amount; and 4) The child support agency closed your child support case.
Issues that cannot be heard at a State Hearing include those actions taken by the court including: Court-ordered amounts of child support, Paternity, Child custody or visitation, Spousal support, Contempt matters, and Civil rights issues.
Q.When can I request a State Hearing?
A.If our office does not respond to you within 30 days after receiving your complaint, you have the right to request a State Hearing before an Administrative Law Judge. Your request must be made within 90 days after you complained to our office.
If our office does respond to you within 30 days after receiving your complaint, and you are not satisfied with our complaint resolution or response, you have the right to request a State Hearing before an Administrative Law Judge. Your request for a State Hearing must be made within 90 days after you received our written response to your complaint.
