What We Do
The Child Support Process
Children do best when both their parents support them. We work with both parents throughout the child support process. Below is a general outline of the steps in the child support process.
Step 1: Enroll in Child Support Services
If you are receiving help from CalWORKs, you can get child support services without needing to enroll.
Otherwise, either parent can complete an enrollment application to open a child support case. Click here to enroll for services.
Step 2: Locate the Other Parent
We need to know where the other parent lives and/or works to get a support order. A Child Support Specialist will contact you when your case is opened to see if you have any information. They also have access to a variety of services to help locate the other parent. The more information you can provide, such as the other parent’s date of birth and social security number, the easier it will be for us to locate them and begin the legal process of establishing child support.
Step 3: Establish parentage
Legal parentage must be established before child support and medical support can be ordered. There are several ways that parentage can be established. One way is by having both parents sign a Voluntary Declaration of Parentage form. If needed, genetic testing will be conducted to determine parentage. There is no charge for genetic testing. A Child Support Specialist will review your case to determine the appropriate action for establishing parentage.
Step 4: Requesting a Support Order
Establishing a court order for support is a legal process that involves several steps:
- Calculating child support: Child support is calculated using a mathematical formula determined by law. A Child Support Specialist will work closely with you and the other parent to get the information to calculate an amount of child support appropriate to your financial circumstances and the other parent’s. You can get an idea of how child support is calculated here: Guideline Calculator | CA Child Support Services
- Filing a Summons and Complaint: The Summons and Complaint is the document that starts the lawsuit. It outlines the information about the case and includes the amount of child support requested.
- Service of Process: Once filed, the other parent is served with the filed Summons and Complaint. Service of Process lets the court know that the other parent knows about the lawsuit. The other parent has the option of filing an Answer, which is their response to the Summons and Complaint and whether they agree or disagree with it. If they disagree that they are the parent of the child, they can request genetic testing in their answer.
Step 5: Getting a Support Order
There are three ways to obtain an order for support:
- Stipulation: If we reach an agreement between the parents regarding the requests in the Summons and Complaint before the scheduled court date, we can sign a Stipulation to settle the case. Once filed with the court, the stipulation is an enforceable support order.
- Court Hearing: If the other parent filed an Answer, a court hearing will be held where the case will be heard and the court can make an order for support.
- Default judgment: If the other parent failed to file an answer and no stipulation was reached, a default judgment may be entered. This means that the terms requested in the Summons and Complaint become the support order.
Step 6: Collecting Child Support
After the court order for support is filed we will open financial accounts and start collecting child support. A wage withholding notice is sent to the other parent’s employer instructing them to deduct child support payments from their paycheck and send them to the State Disbursement Unit. The other parent can also make child support payments directly to the State Disbursement Unit through a variety of options. For more information about child support payment options, or to make a payment, click here: Payment Options | CA Child Support Services
If the other parent does not pay child support as ordered, we may take additional actions to collect child support, including intercepting tax refunds, levying bank accounts, and placing liens on property, among other actions.
Step 7: Reviewing the Support Order
Either parent can request that the court order for support be reviewed if there is a significant change in their financial situation or the child’s living arrangements. This can be done by:
- Filing a motion with the court requesting a review of the order. The court will set a hearing date for review of the order.
Or
- Contact ACCSS to request a review of the order. A child support specialist will review the case and might contact the parents to obtain additional information. The review can result in a recommendation that the amount of support should be less, more or stay the same. If it is determined that a change in the support order is appropriate, we will file a motion with the court to change the support amount.
Like establishing an order, we can obtain a new order through stipulation or court hearing.
Step 8: Closing a Child Support Case
When there is no longer an enforceable order, we will close the child support case. This usually occurs when the child has emancipated (turned 18 or graduated from high school, whichever is later), and all child support owed on the case has been paid.