Enforcing a Support Order

Enforcement actions are taken by DCSS if the noncustodial parent does not pay or pays less than the amount ordered, or if the noncustodial parent does not provide health insurance for the child as ordered by the court. DCSS will determine what types of enforcement actions are to be taken, consistent with state and federal regulations. Typical enforcement actions include: 

Mandatory Wage Withholding

The employer of the noncustodial parent is served with a court order to withhold a specified amount of current support and back child support, with instructions to send the wages to DCSS for distribution. Once a wage assignment is served, the employer must honor it as long as the noncustodial parent remains employed.

An employer may not take more than 50 percent of the noncustodial parent's disposable earnings unless ordered to do so by the court. The wage assignment order has priority over any other withholding order against the noncustodial parent.

Health Insurance Coverage Assignment

A health insurance coverage assignment is a court order that requires the noncustodial parent's employer (or other person providing health insurance to the noncustodial parent) to enroll the child(ren) in the parent's health insurance plan. The order also authorizes the employer to deduct the cost of the health care premiums from the noncustodial parent's earnings. The employer is instructed to notify DCSS of any lapse or change in the health insurance coverage.

Other Enforcement Tools

Other child support enforcement tools include: liens, federal and state income tax refund intercepts, lottery intercepts, writs of execution, contempt proceedings, suspension of professional licenses, and credit approval risk.

Liens

Personal Property

A judgment lien on personal property is a lien on all interests in that property that is subject to enforcement of a money judgment, such as accounts receivable, equipment, inventory, chattel paper, farm products, and negotiable documents of title. The lien continues on the proceeds received upon the sale, collection or other disposition of the property subject to the lien.

Real Property 

DCSS will record support orders and judgments with the county Recorder to create a lien against any real property in that county in which a noncustodial parent has or acquires an interest. Any action by the noncustodial parent to sell or refinance is prevented unless the lien is satisfied in full, or other arrangements are made with DCSS.  

Franchise Tax Board Child Support Collection Program 

The Franchise Tax Board (FTB) assists DCSS in collecting past-due support. This program is called the FTB Child Support Collection Program. The FTB may collect money from bank accounts and wages to pay child support. The FTB can also confiscate property such as boats, land and motorcycles. 

Statewide Intercept and Information Systems

The Internal Revenue Service and Franchise Tax Board Tax Refund Intercept Systems will intercept noncustodial parents' state and federal income tax refunds to pay their past-due child support.

The Unemployment Insurance Benefit Intercept System will intercept a portion of state unemployment benefit payments owed to noncustodial parents to pay their past-due child support. 

The Disability Insurance Benefit Intercept System will intercept a portion of state disability payments owed to noncustodial parents to pay their past-due child support.

The Lottery Winners Intercept Program intercepts lottery winnings owed to noncustodial parents to pay past-due child support.

Credit Reporting Systems reports the names of noncustodial parents with court orders to pay support, to all major credit reporting companies as good or bad credit risks.

The State Licensing Match System (SLMS) denies state issued business, professional and driver's licenses to noncustodial parents who owe past-due child support and apply for a license or a renewal; denies these same licenses to noncustodial parents who are four months or more behind in paying support whether or not they are renewing and revokes the licenses of any noncustodial parent who fails to continue to comply with an agreement to pay past-due support in order to obtain a license.

The New Hire Registry requires employers in 17 industries to report new or rehired employees to the Employment Development Department within 30 days. Matches with the New Hire Registry provide DCSS with early identification when a noncustodial parent becomes employed.

The Assets Match Program identifies interest and dividend income paid to noncustodial parents who owe past-due child support.

The Workers' Compensation Appeals Board Match System collects workers' compensation lump sum payments owed to noncustodial parents who owe past-due child support.

The Board of Equalization Sales and Use Tax Intercept System intercepts sales and/or use tax refunds owed to noncustodial parents who owe past-due child support.

The Alaska Permanent Fund Dividend Match intercepts dividend payments owed to noncustodial parents who owe past-due child support.

Welfare Cases and Assignment of Rights to Support

As a condition of receiving welfare benefits, the custodial party assigns all rights to current and past-due child, spousal and medical support to the county. This continues as long as the family is receiving aid. Any current child support payments that exceed the amount of aid paid will be sent to the custodial party.

Welfare recipients must cooperate with DCSS to establish paternity and to obtain child support payments. Unless the Welfare Department approves a claim by the recipient for "good cause," welfare recipients will be required to provide information about the noncustodial parent.

Medically Needy Only Cases

Medically Needy Only (MNO) is the term used to describe those cases in which the custodial party and/or children receive Medi-Cal benefits only. MNO cases are referred to DCSS for the purpose of establishing paternity and obtaining medical support for the dependant children. The custodial party must cooperate with DCSS as a condition for Medi-Cal eligibility, unless the county Welfare Department has approved a claim of good cause for not cooperating.

Law automatically assigns any rights to medical support or payments for medical care from other health coverage that a Medi-Cal recipient may have assigned to the state. The DCSS will also seek to establish and enforce a child support order for the dependent children, unless the custodial party tells the DCSS that she/he does not want the service.

Discontinuing Child Support Services

If the custodial party stops receiving either welfare and/or Medi-Cal benefits, DCSS must continue to enforce the support order. If the custodial party does not want the continued services of the DCSS, he/she must notify the office in writing that she/he no longer wants DCSS assistance. At that time, DCSS will pursue assigned arrears (past-due support) only and if current support is still owed, DCSS will notify the noncustodial parent to pay current child support directly to the custodial party.

Receiving Credit for In-kind Child Support Payments

In welfare cases, unless proof of payment can be shown, no credit will be given for payments made directly to the custodial party for in-kind payments such as purchase of clothing, school supplies, rent, etc. The custodial parent must report any direct payments received from the noncustodial parent to DCSS and to the county Welfare Department.

In non-welfare cases, credit may be given for in-kind payments with the custodial party's agreement.

Child support payments should always clearly identify the case number and for whom the payment is made.  Paying through the DCSS is a good way to ensure an accurate record of child support payments is maintained.

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