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FREQUENTLY
ASKED QUESTIONS & ANSWERS
QUESTIONS AND ANSWERS
QUESTION:
If I have a case with the DCSS, is it okay for the non-custodial parent
to make child support payments directly to me?
ANSWER:
NO. If you have a case with this office, all payments are to
be made to the DCSS to ensure proper credit. Please turn any
direct payments received in to this office for processing.
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QUESTION:
Is it okay for a non-custodial parent to pay other bills for the custodial
parent instead of child support?
ANSWER:
No. If DCSS is enforcing support, payments must be paid through the
agency to ensure that the obligor receives full credit for all payments made
on the account.
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QUESTION: What
about custody and visitation?
ANSWER:
This office does not have authority to handle issues relating to custody and
visitation. You must proceed privately regarding these issues. However, any
changes to the present court order should be reported to the DCSS for
appropriate account adjustments. The Court Clerk may not notify this office
of changes made. The
California Courts-Self Help Center offers assistance and information.
The local
Family Law Facilitator is another resource for those who do not have an
attorney to represent them. They can be contacted at: (530) 233-2008.
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QUESTION: What
if my check is lost or stolen?
ANSWER:
We cannot take a lost or stolen check report until 14 days from the date it
was issued. When you report a check lost or stolen after the 14 day period,
we will place a stop payment on it and mail an Affidavit to you. When you
have completed the Affidavit and submitted it to this office, we can then
process a reissue on the check. If the check in question is received after
you submit the Affidavit, DO NOT CASH IT without first contacting our
office.
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QUESTION: The
non-custodial parent in my case tells me child support is being withheld from his/her
wages. When can I expect payment?
ANSWER:
It depends. Deductions from wages are usually made after the payroll period
ends, at the time the non-custodial parent is paid. The employer is
permitted to take up to 7 days after the pay date to mail the support
payment to the DCSS. You should allow at least 10 more days for check
processing and mail delivery time.
Custodial parents may speed up the payment process by
signing up for direct deposit of support payments into their bank account
online on the
State Disbursement Unit (SDU)
website or by requesting the direct deposit form from their local DCSS
office.
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QUESTION:
Why didn’t I get my full support amount on the first of the
month?
ANSWER:
When the obligor is paying by wage assignment, support deductions can be
taken weekly, bi-weekly, semi-monthly or monthly, depending upon the
particular employer’s pay schedule. This means that if the non-custodial
parent gets paid weekly, deductions will probably be prorated over 52 weeks.
For instance, $154.00 per month child support X 12 months = $1,848.00 per
year, divided by 52 weeks = $35.54 per week deduction. The obligor parent
has the entire month to pay the support that is due before the account is
considered delinquent.
It is not advisable for the custodial parent to contact
the employer regarding payments and it is the policy of this office not to
contact employers regarding current month child support deductions.
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QUESTION: If I
go off public assistance, and if the non-custodial parent is paying child support, when can I expect
to start receiving the child support payments?
ANSWER:
Discontinuances from TANF are effective the last day of the month in which
the grant was paid. When this office receives notification from the
Department of Social Services that your TANF grant has been discontinued, we
will process adjustments to reflect a non-welfare collection status of your
child support. You will be notified by mail that this office will continue
to collect until otherwise notified by you in writing. You will be entitled
to non-welfare child support collected from the date of discontinuance
forward. For instance, if you received the final cash grant payment on
1/1/06, discontinuance would be effective 1/31/06, and you would be entitled
to receive any current child support payment collected after 1/31/06.
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QUESTION: What
is a disregard payment?
ANSWER:
When a custodial parent is receiving aid, he/she is entitled to the first
$50.00 of child support collected in any given month and this child support
is disregarded in the computation of the cash grant to the family; the grant
is not reduced. There is only one $50 disregard paid to any individual
custodial parent per month, regardless of number of cases or children.
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QUESTION: When
will I receive my disregard payment?
ANSWER:
Disregards are processed and paid out when received. In other words, the
first child support collected in a given month (up to $50.00) will be sent
to the custodial parent as soon after receipt as it can be processed.
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QUESTION: What
conditions must exist for a child support order to be reviewed by DCSS, upon request
of either parent?
ANSWER: A child support order may be reviewed if the following conditions exist:
- A DCSS case exists
- The Court order is subject to local jurisdiction
- We know the whereabouts of the
non-custodial parent/custodial parent
- There has been no review for the past 6
months
- It has been at least 36 months since the
order was issued or modified, or
- There has been a significant change of
circumstances, such as:
- involuntary loss of employment
- large reduction in income
- large increase in income
- change in physical custody of the
children
- subsequent children
(Written
proof of any change of circumstances is required)
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QUESTION: When
does a review result in a change in the amount of support?
ANSWER:
If application of guidelines indicate that the amount of support ordered
should be increased or decreased by at least $50.00 or 20% per month
(whichever is greater), the DCSS will notify parties that an adjustment in
the order amount is indicated. Once all documents required for the review
are received, the modification process will continue even if the requestor
changes their mind. The most important factors are the incomes of the two
parties involved and the time the child(ren) spend with each parent.
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QUESTION: How
long will a Review & Adjustment take?
ANSWER:
Once the Income and Expense forms and all other necessary paperwork is
returned, the modification of the child support order will take
approximately 90 to 180 days to be completed, subject to Court discretion.
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QUESTION:
How long do I have to complete the Income and Expense
Declaration?
ANSWER:
You have 30 days from the date you receive
the packet unless otherwise indicated. If you requested the review and you
don’t return the form in time, the review will be terminated.
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QUESTION: If
there is an order for an increase in child support (or decrease), can it be made
retroactive to the date modification review was requested?
ANSWER: No. Any change will be effective the first day of the month following the
date our request for review is filed with the Court.
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QUESTION:
What options do I have if I cannot meet DCSS criteria for a
Review & Adjustment?
ANSWER:
The option of filing your own Motion in Superior Court is available to you
at all times. You are encouraged to contact The
Family Law Facilitator at (530) 233-2008 for self-help clinic schedules,
or Legal Services of Northern
California at 1-800-822-9687, or a private attorney for assistance.
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QUESTION: What
are 'Intercept Programs'?
ANSWER:
Intercept programs provide for collection of current and past due child
support from State and Federal sources including unemployment insurance
benefits, disability insurance benefits, Internal Revenue Service or
California state income tax refunds, California State Lottery and federal
vendor payments.
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QUESTION: How
do Intercept Programs work?
ANSWER:
A. For unemployment or disability Intercepts: 25% a
non-custodial parent's benefits is taken and applied to child/spousal
support debt, or to court-ordered child support arrears. There must be an
existing arrears balance of at least $150.00 and the account must have been
open at least two months.
B. IRS/FTB Tax Refund Intercept: when there are
arrears owed for child support, income tax refunds are intercepted and sent
to the DCSS to be applied to child support debt.
A non-custodial parent will be submitted for IRS tax
intercept, IF:
- An arrears balance of $150.00 or more is owed to a
state.
- An arrears balance of $500.00 or more is owed to the
custodial parent. Children must be living in the custodial parent's
home, and must be under 19 years of age on December 31 of the year of
intercept.
2. FRANCHISE TAX BOARD Intercept:
- An arrears balance will be submitted IF it is $100.00
or more.
- If there is an arrears balance showing on the
account, a non-custodial parent will be submitted for intercept
regardless of whether he or she is making payments.
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QUESTION: What
right does the DCSS have to intercept monies?
ANSWER: The various methods of intercept are authorized in most California county
court orders and/or by law. Please review your court order for clarification.
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QUESTION: If I
am making payments, will this prevent intercepts of my tax refunds?
ANSWER: No. If you owe an arrears balance, accounts are submitted for tax refund
intercepts whether or not you are making payments.
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QUESTION: What
is the FTB Child Support Collection Program.
ANSWER: Seriously delinquent cases may be submitted to the Franchise Tax Board for
collection through the use of administrative levies and earnings withholding orders.
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QUESTION: Why
does my billing statement show an incorrect balance?
ANSWER:
The monthly billing statements show the previous month’s transactions. For
example the June statement reflects the total support received as of the
last business day in May. If there is a large discrepancy, contact the local
DCSS office to find out why.
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QUESTION: What
role does DCSS have in enforcing health insurance coverage?
ANSWER:
DCSS will enforce the health insurance coverage provision by requiring the
coverage of the child(ren) on the employer-provided insurance plans.
Siskiyou Modoc DCSS does not monitor or collect unreimbursed medical
expenses unless the parent has obtained a judgment in court for those
amounts.
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QUESTION: Does
DCSS represent either parent?
ANSWER:
No, the DCSS does not represent either parent or the child(ren) and its
attorneys are not your attorneys. Because you are not a legal client, the
information you provide is not confidential under the attorney/ client
privilege. Parents have the right to seek legal advice from a private
attorney or legal aid group at their own expense, or the county
Family Law Facilitator.
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QUESTION:
I
have been notified that my drivers license has been or is going to be
suspended? How do I get this resolved?
ANSWER:
Your name was submitted because you did not make a payment for at least 2
months and your past due support exceeds two month’s obligation. You must
contact the county who submitted your name to DMV for suspension and arrange
to either pay the arrears owed or make an agreement with the DCSS office. Or
if you believe your name was submitted in error, you may complete the
Request for Review form that was sent to you by the DMV or ask the DCSS for
a formal Review. If a release is appropriate, it will be processed within 5
business days from receipt by the DMV.
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QUESTION: Who is
the local Family Law Facilitator and how can they be reached?
ANSWER:
The Family Law Facilitator is an attorney located at each California county
court who conducts free, self-help legal clinics addressing legal issues
including child and spousal support, paternity, divorce, custody, and
visitation. Although they do not represent anyone in court, they may assist
you with completing paperwork and understanding the legal process. You may
contact the Facilitator’s Office in Modoc County at (530) 233- 2008.
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HOW TO APPLY FOR CHILD SUPPORT SERVICES
Frequently Asked Questions & Answers
QUESTION:
How do I open a child support case?
ANSWER:
A. If you
receive Public Assistance: When you apply for Cal-Works, or if a child
receives Foster Care benefits, you agree to assign to the DCSS, or the State
of California, your right to receive current and past due child support. You
will usually be interviewed the same day by a Child Support Specialist. If
not, this office will open a case when we receive a referral from Human
Services. If you are receiving Medi-Cal only, a referral from the Human
Services Agency will be sent to our office, and we will establish paternity
and/or medical support.
B. If you do
not receive Public Assistance: You may ask for an Application packet in the
county where you reside. When you have completed the forms contained in the
packet, and assembled other documents and information requested, you may
come into this office for an interview preliminary to opening your case. You
are not required to make a prior appointment to be seen in Siskiyou and
Modoc counties.
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QUESTION:
Is there a cost or fee to open a case?
ANSWER: :
Not in California.
The California DCSS does not charge fees or commissions to open a case,
enforce or collect child support. However, some other states do charge
fees for some services. If California asks another state to enforce
support, you may have to pay that state’s fees, if any.
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QUESTION: What
kind of information should I have to open a case?
ANSWER:
The DCSS will ask that you provide as much information about the
non-custodial parent as possible. The more accurate the information you give
us, the sooner you will see results. However, if all you have is a name and
an approximate age, a case may be opened. Some items of information about
the non-custodial parent that you should try to provide are:
-
Full legal name and address
-
Date of birth
-
Current physical description
-
Social Security number: May be found
on old pay stubs, income tax returns, credit or loan applications, bank
accounts, insurance or health records, military/union records. If you do
not have these documents, you may be able to obtain copies by writing to
the appropriate agency.
-
Date of marriage: If none, and if
non-custodial parent lives in another state, did he/she ever live in
California?
-
Child Support Court Order: if one
exists, or any other court order which provides for child support
payments, such as a divorce order.
-
Name and address of current or most
recent employer
-
Information pertaining to income and
assets such as pay stubs, tax returns, bank statements, investment or
real property documents.
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To obtain a
non-aid application for services contact us by phone, fax, mail
or e-mail.
Click Here
for Printable Version
Contact Siskiyou Modoc Regional
Department of Child Support Services
Modoc Office: 1030 N. Main St., Alturas, CA 96101, Phone (530)
233-6216
Yreka Office: 1215 S. Main St., Yreka, CA 96097, Phone: (530) 841-2950 |
