Child Support FAQ

Establishing Fatherhood

If you want the father to assume responsibility for his child, it is important to establish paternity.

  • What are the benefits to establishing paternity ?
  • Who will the Family Support Office need to know to try to establish paternity?
  • What if he denies that he is the father, or says he is not sure?
  • Is there an age limit for blood tests to be done on a child?
  • Despite the blood tests, the alleged father still says he is not the father. Will the case be closed?
  • The father of my child said that I would never get a paternity judgment on him because he’d just leave the state. What happens in this case?
  • Why should legal paternity be established if the father has no money to support
  • What happens after paternity is established?

Establishing the Support Order

The following are the most frequently asked questions:

  • I am sure the other parent is willing to pay child support. Can we make an agreement between ourselves and present it t the court?
  • My spouse and I are working out a joint custody agreement. How would the court decide the amount of child support for each of us?
  • My ex-spouse has remarried and has another family to support. How will this affect the support that my children are due?
  • Can the other parent be required to include our children under the group health insurance available where he/she works
  • The other parent is in Jail. Can I get support?

Enforcing the Support Order

The following are the most frequently asked questions:

  • When is the other parent Delinquent in child support payments?
  • When are earnings assignments for child support mandatory?
  • How do you get an earning assignment?
  • The other parent doesn’t live in California. Can I get an earning assignment?
  • The other parent is in the military. Can child support payments be deducted from his/her paycheck?
  • The other parent retired from the military. Can his/her military retirement check be garnished for back child support?
  • The other parent works for the Federal Government, was recently transferred and stopped making payments. What can be done?
  • How does the other parent find out that his/her state and/or federal tax refund will be taken?
  • The other parent is collecting unemployment compensation or disability insurance benefits. Can child support payments be taken out and sent to me?
  • Can the other parent’s credit rating be affected if they owe back child support?
  • The other patent does not work on a regularly and repeatedly falls behind in his/her child support payments. Is there anything way the court can establish payments?
  • The other parent owes unpaid child support. Can the court do anything to make him/her pay?

Finding the Absent Parent

To get an order for support, to establish paternity or to enforce that order, the Family Support Office must know where the other parent lives or works.

  • What if the other parent cannot be found locally?
  • What will happen after I give the Family Support Office the current address of the other parent?
  • The other parent of my child is in the military, but I don’t know where that parent is stationed. Can the Family Support Office find that parent?

Knowing Your Rights

The following are the most frequently asked questions:

  • I am applying for AFDC/ or Medi-Cal. Do I have to ask for the child support from the other parent?
  • What does it mean to cooperate with the family support office?
  • What happens during an interview with the family support office?
  • What does it mean to “assign” my support rights?
  • My children and I need financial assistance now. The other parent left us 10 years ago. Will the family support office still try to find him/her?
  • If they cannot find the other parent, does that mean I cannot get AFDC or Medi – Cal benefits?
  • I want the family support office to enforce my court order. Is the information I provide open to the public?
  • How can I be sure that the right amount of child support has been sent to me?
  • Talk to Dep. D.A.

Opening a Case

Whether you go to a private attorney or the Family Support Office you will be asked to provide as much of the following information as possible:

  • Full legal name and address of the parent who is obligated to pay.
  • Date of birth and the most current description of the absent parent.
  • The absent parent’s social security. Find this by reviewing old pay stubs/ income tax returns, credit loon applications, bank checking or savings accounts, insurance or Health records or military/union records. If you don’t have one of these documents, and your name was also on the form, you can usually get a copy by writing to the appropriate agency.
  • Child(ren)’s birth certificates.
  • Your child support order, if you have one.
  • Your marriage license or certificate, if you have one.
  • Your divorce decree or separation agreement argument, if you have one.
  • Name and address of the current or most recent employer.
  • Names of friends and relatives, and organizations to which the absent parent might belong.
  • Information pertaining to income and other asset- pay slips, tax returns, bank accounts, cars, boats, R.V.s, investments or property holdings.
  • Paternity Judgment
  • District Attorneys Family Support Office
  • SS#, Credit Loan, Collect
  • Discuss initial OSC
  • Post Judgment Mod.
  • Guidelines

The more complete, reliable and accurate the information, the easier it is to conflict child support for you.

Working Across State Lines: Interstate Cooperation

The following are the most frequently asked questions:

  • I know the address of the other parent in another state, and the family support office sent a petition to establish my support order there. That was three months ago, and still no support payments. What is wrong?
  • I have had to wait several months for the family support office to get a reply to its request for location assistance in another state. Why does it take so long to get an answer?
  • As soon as the other parent is notified about enforcement, he/she moves. How will I ever be able to collect my child support?
  • I have a California support order. The other parent now lives in another state. I know he/she has land and other assets in California. Can the Family Support Office help me collect on the past due amount?
  • I have a California support order. The other parent now resides outside California I asked the Family Support Office to try to help me collect my money. The judge in that state lowered the payment amount. Is that legal?
  • Can paternity be established for my child if the father lives in another part of the country?
  • What should I do if I am planning to move to another state?

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