California Conference on Self-Represented LitigantsJune 9-.ppt

1、Child Support Services: What Self-Represented Litigants Need to Know,California Conference on Self-Represented Litigants June 9-10, 2011Kristen Erickson-Donadee, Sierra Nevada Regional DCSS and California Department of Child Support Services,Outline,Introduction to the Child Support Program Why is i

2、t important to help SRLs through the child support process? The Life of a Case: Case Opening Establishment Enforcement Miscellaneous Modification Complaint Resolution and State Hearing,IV-D Program Generally,Why is it called the IV-D Program? United States Code, Title 42, Chapter 7 (Social Security

3、Act) Title IV Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services Part D Child Support and Establishment of Paternity Related programs: IV-A: Block Grants to States for Temporary Assistance for Needy Families IV-E: Federal Payments for Foster Care and

4、 Adoption Assistance,In California:,Includes: State Department of Child Support Services (DCSS) Local Child Support Agencies (LCSAs) IV-D Commissioners Family Law Facilitators,Related Law and Policy,Federal: Statutes Regulations California: Statutes See Family Code, Division 17 Regulations CCR, Titl

5、e 22 DCSS Policy Letters www.childsup.ca.gov/ChildSupportProfessionals/Policies/CSSLetters/tabid/95/Default.aspx,California Child Support Mission,Enhance the well-being of children and the self-sufficiency of families by providing professional services to: Locate parents Establish parentage Enforce

6、orders for financial and medical support,Child Support Organization in CA,State Department of Child Support Services (DCSS) Oversees operations including contracts for court (Commissioner and FLF) services; Oversees local departments; Manages sharing of funding for locals Local Child Support Agencie

7、s (LCSAs) 52 LCSAs with 74 offices statewide Handles day-to-day management of cases,How to Contact Child Support Services,LCSAs in every county; locations vary, but some are very near the courthouse One phone number gets all LCSAs: 866-901-3212 Website with information and application: www.ChildSup.

8、CA.Gov Get to know your LCSA so you know how best to refer self-represented litigants for specific assistance needs,State Disbursement Unit,All payments must be routed through the SDU. Even a payment sent to the LCSA must be sent by them to the SDU for processing. Parents or Employers may pay by che

9、ck, credit card, money order, bank debit. Parents may receive support by check, direct deposit, or Electronic Payment Card (EPC).,Why is this Important to Me?,Family Law resources are limited Family Law is complicated and has lasting, meaningful impact on peoples lives Majority of family law litigan

10、ts are self-represented Child support is one area where free, ongoing services are available Customer base overlaps; knowing what LCSAs are doing helps you to serve your customers better,Life of a Case,Case Opening Establishment Enforcement Case Closure,Services Available:,Establishment of Parentage

11、 and Support Enforcement of Child Support Also spousal support, but only in connection with a child support order Includes automatic and other intercepts, such as UIB, SDI, IWO, bank levy Credit reporting, license and passport suspension and denial Extraordinary enforcement where appropriate Modific

12、ation of Support Record retention Payment history maintained by LCSA,Case Opening: Why is the LCSA involved?,Full IV-D services are being utilized Referral from aid agency (IV-A or IV-E); Direct application (non-aid); or Interstate/interjurisdictional petition Minimal IV-D services are being utilize

13、d Case Registry Form (FL-191) for State Registry “Non IV-D” case is opened Income Withholding Order (IWO) paid through State Disbursement Unit (SDU),Case Assessment,Existing Order Notice Regarding Payment of Support (NRPS) Within the county Outside the county Registration of Foreign Order (ROFO) No

14、Existing Order LCSA seeks to establish a new order,Summons & Complaint,S&C package is generated, generally by caseworker and reviewed by Legal staff S&C filed with court Pre-service notice is sent to NP This is the NPs opportunity to avoid personal service by Sheriff or Process Server Service on NP,

15、Respond or Default,Answer to S&C is due in 30 days Default will be taken if Answer not filed May request Genetic Testing informally, but encourage to file Answer for most protection Ditto for disputes regarding income, timeshare, or other inputs. If no legal presumption of paternity or POP exists, t

16、he LCSA will arrange (free!) genetic testing if requested. Motion for Judgment will be filed by LCSA if Answer filed by NP.,Paternity Opportunity Program,Voluntary Declaration of Paternity (POP) Family Code 7570-7577 Offered at the hospital to unmarried mother. May be witnessed by hospital staff, LC

17、SA staff, FLF, or other witness with notarized signature. Forwarded to the State DCSS for filing. Carries the weight of a judgment of paternity when filed. Notice is included with materials Waiver of rights Rescind within 60 days,Set Aside of POP,Upon motion within timeframe (2 years from birth), ge

18、netic tests may be ordered. POP may be set aside if genetic tests excluded POP father, but the court must take the best interest of the child into consideration, including: Age of child, Length of time since execution of POP Nature, duration, and quality of any relationship between the man and the c

19、hild.,Amount of Support,Public policy FC 4053: Parents first responsibility is to support child Guideline formula Gross income (FC 4058) Proof includes: I&E, Information from CP, Automated information from EDD or New Hire Directory, Presumption of Income, or Earning Capacity Hardships and Deductions

20、: Provide credible proof Timeshare Based on actual visitation regardless of court order Rebuttable presumption FC 4057,Commencement Date,Initial orders retroactive to date of filing S&C so long as Defendant was served within 90 days of filing. If Defendant was not served within 90 days, may request

21、finding from the court that he/she was not evading service, and the court may start support no earlier than the date of service. Not applicable on defaults as Defendant must affirmatively request this relief. Initial Orders obtained by Default: FC 17400 The first day of the month following the filin

22、g of the complaint,Spousal Support,The LCSA cannot establish a spousal support order, but may collect it so long as it is enforcing a corresponding order for child support.,Enforcement,Enforcement of Existing Order: Must receive Declaration of Payment History from CP to enforce arrears NP may reques

23、t a copy of this document Signed under penalty of perjury by CP If NP disputes, NP should provide specific evidence of what he/she disputes. E.g., Direct payment prior to case opening. Motion to Determine Arrears may be filed if parties still disagree. If not and this is an issue, encourage NP file

24、themselves.,Immediate Enforcement Tools,Income Withholding Order (IWO) When Employer name is entered for NP and obligation is in system, system will generate IWO and National Medical Support Notice (NMSN). System will also seek information on Employers to add them for NP. Real Property Lien Generate

25、d by System, signed by worker, recorded County where NP lives, has property, has possibility of property (e.g., where parents live) Credit Reporting Even if not delinquent, whenever there are obligations May dispute at LCSA (new!) or online (eOSCAR) or through CRA,Delinquency Enforcement,Delinquency

26、 = More than 60 days past due and over $100 (FC 17500) License suspension and denial Drivers license, professional license, etc. Licensing agency provides notice; must keep address up to date with that agency Passport denial $2,500 or more in arrears Must pay to zero for release or appeal to State D

27、CSS for release where appropriate,More Delinquency,Federal and State Tax Refund Intercept If there are welfare arrears, goes to pay them first Disability or Unemployment Benefit Intercept Workers Compensation Notification of new cases Lottery winnings Financial Institution Data Match (FIDM) Bank lev

28、y Exempt and Non-Exempt levies,Contempt,Civil contempt: May be used for violations of any court order, such as failure to pay child or family support, or to perform job contacts as ordered CCP 1209, 1209.5, 1218, 1218.5 Punishable by up to 5 days in jail for each count No jury trial if under 6 month

29、s incarceration is faced Most if not all counties appoint counsel Criminal contempt: Criminal non-support or criminal abandonment PC 166(a)(4), 270, 271(a),Other Extraordinary Enforcement,Order for Judgment Debtor Examination (OEX) Turnover orders per CCP 708.205 No 5th Amendment claim per IRMO Sach

30、s (2002) 95 Cal.App.4th 1144 Court-ordered job search FC 4505 Failure to comply can be basis for civil contempt Qualified Domestic Relations Order (QDRO) 29 USC 1056(d)(3) Personal Property Lien or Lien in Pending Civil Action,Reimbursement of Uninsured Medical Expenses,LCSAs may enforce collections

31、 for specific dollar amounts to reimburse in a court order. Parent must obtain court order for reimbursement; LCSA may not request, i.e., file the motion seeking reimbursement for co-pays for XYZ time period.,Forgiveness of Arrears,Compromise of Arrears Program (COAP) FC 17560 Obligors may be able t

32、o compromise arrears owing to the state, but never to the CP except by stipulation Options are lump sum or payments over 3 years, depending on how much is owed and case types LCSAs now administering COAP at local level; use of program is increasing,More Forgiveness Reunification,Reunification FC 175

33、50 Child was a dependent of the court under W&I 300 and has been reunified with the parent who previously had custody and now owes support owing to the placement. No payment required!,More Forgiveness Waiver,Waiver of Arrears Available for non-welfare arrears, where the parties stipulate LCSA will n

34、ot be able to mediate these issues, but should be able to generate the waiver and circulate to parties LCSA will not get involved with conditional waivers Practice varies due to court variance regarding acceptance of waivers,Miscellaneous,Modification by LCSA or Party When to ask the LCSA to file vs

35、. When to file yourself Complaint Resolution and State Hearing,Modification by LCSA,Review & Adjustment (R&A): Upon request of either party, the R&A process may be started. I&E, visitation verification form, child care verification, etc. sent to both parties. Return within 20 business days to LCSA.

36、If the information results in a change of at 20% or $50, whichever is less, the LCSA will petition to modify. Modification must be completed within 180 days. Notice of right to review sent every 3 years.,Mandatory Reviews,Every 3 years, in TANF cases. Change in Circumstances per 22 CCR 115530: Incar

37、ceration/institutionalization; Obligors sole income is SSI/CalWORKS, other public assistance based on need; Obligor stops receiving SSI, etc.; Presumed income and actual income becomes known; Health insurance premium was not included and becomes known; Reservist called to active duty.,Complaint Reso

38、lution,FC 17801 and 22 CCR 120100, et seq. Process to resolve complaints with the manner of case management by LCSA. Must start with CR process at the LCSA; may request State Hearing if the customer is unsatisfied with the answer. State Hearing jurisdiction is limited to issues within the discretion of the LCSA, i.e., not matters that must be heard in court.,Questions?,