|
| |
SUPPORT SERVICES
The San Joaquin County Department of
Child Support Services (DCSS) helps parents fulfill their responsibilities
to their children by providing a variety of services
- Establishing paternity
- Locating a parent to establish
paternity and/or child support and enforcing payment of support
- Establishing, modifying and enforcing
a court order to pay child support
- Collecting and distributing child and
spousal support payments
- Establishing and enforcing medical
support (including dental and vision care) and family support orders
DCSS Does NOT:
- Handle custody or visitation matters
- Handle divorces
- Obtain or enforce restraining orders
- Establish spousal support orders
Applying for Child Support Services
Any parent or guardian can apply for
child support services by visiting our office or by calling the San Joaquin
County DCSS at (866) 901-3212. There is no application fee or charge for
child support services in California.
Parents who receive public assistance are
automatically referred to DCSS by the Human Services Agency.
Your Legal Relationship With DCSS
DCSS does not represent either parent or
the child(ren). DCSS attorneys are not your attorneys; therefore the
information you provide is not confidential under the attorney/client
privilege. The information in your case may be discussed or disclosed to
other public agencies or persons authorized by law to receive such
information.
Legal Assistance Alternatives
Parents have the right to seek legal
advice from a private attorney or legal aid group at their own expense at
any time.
A private attorney will charge for the
time required for personal interviews, telephone calls, legal research,
court appearances, and the preparation of pleadings.
Services offered by a legal clinic may
cost less than those provided by a private attorney. Legal clinics may
charge for services based on the actual time spent on a case or on a
contingency fee basis. |
| |
Opening a Child Support Case
|
|
Either parent, or the caretaker/guardian of a
child who has a child support and/or medical support order, or wants to
establish one, can apply for child support enforcement services by completing an
application form. After the application form is signed, the child support
process begins. The Human Services Agency (HSA) will automatically refer
parents who receive public assistance, including Medi-Cal, to DCSS.
There are three ways to apply for services:
- First, you may contact
our office at (866) 901-3212 or visit our office at 826 N. California Street, Stockton, CA. You may
request an application for services from one of our receptionists or have an applicaton
mailed to your home;
- Second, to download a printable copy
of an application, click on the Forms link on the left-hand side of the page under the
Important Links heading. You will need to complete the application by hand and either mail
it or personally deliver it to our office; or
- Third, for your convenience, you may
also choose to apply using an online tool provided by TurboCourt by clicking on their logo
on the left side of this page, under Important Links. TurboCourt charges a $30.00 fee
for this service.
After receiving the completed forms, our
office will schedule an intake interview. The interview will expedite the
processing of your case in our office. You will be notified of your assigned
case number and intake worker. At this appointment, you must bring the following
documents:
A copy of your
child(ren)'s birth certificate(s)
Verification of your
child care expenditures
Paternity declaration if
this form was signed by the father in the hospital at the time of birth
Three of your most
recent pay stubs
A copy of your last
year's tax return (State and Federal)
A copy of the original
order and all subsequent modifications (if applicable)
A completed Support
Payment Record together with any documentation you may have substantiating
your outstanding balance
Be prepared to provide the other parent's and
your:
- Full legal name, address
and phone number
- Date of birth and most
current physical description or photograph of the noncustodial parent
- Social Security number
(You can find this by reviewing old pay stubs, income tax returns, credit or
loan applications, bank checking or savings accounts, insurance or health
records, or military or union records. If you don't have one of these
documents, but your name was also on the form, you can usually obtain a copy
by writing to the appropriate agency.)
- Name and address of
current or most recent employer
- Names of friends and
relatives and organizations to which the noncustodial parent might belong
- Information pertaining
to income and other assets (pay slips, tax returns, bank accounts, cars,
boats, R.V.s, investments or property holdings)
- Your marriage license or
certificate, if you have one
- Your divorce decree or
separation agreement, if you have one
- Any other information
the Child Support Officer requests
Complete, reliable and accurate information
makes it easier to enforce your order for child support.
|
Locating the Parent
|
|
To obtain an order for support, establish paternity or enforce a child
support order, DCSS must know where the noncustodial parent lives or works.
DCSS will make every effort to locate the noncustodial parent. If the
noncustodial parent cannot be found locally, his/her Social Security number
will be checked against the records of other state agencies including the
Department of Health Services, Department of Motor Vehicles, Employment
Development Department, Franchise Tax Board, Board of Equalization, credit
reporting agencies, and law enforcement agencies. If the search reveals that
the parent has moved to another state, the other state and the Federal
Parent Locator Service will be asked to search for the parent. |
Establishing Paternity
|
|
Establishing paternity is the legal process
of determining the biological father of a child. When parents are married,
in most cases, paternity is established without legal action. If parents are
unmarried, paternity establishment may require genetic testing and a court
order. Paternity must be established before the court can order child and
medical support. |
|
|
|
|
|
|
How Your Children Benefit from
Paternity Establishment
Establishing paternity gives a child born
to unmarried parents the legal rights and privileges of a child born within
a marriage. Those rights and privileges include:
- Support from both
parents
- Legal documentation
of who his or her parents are
- Access to family
medical records (many diseases, illnesses, birth defects and other health
problems are passed to children by their parents.)
- Medical and life
insurance coverage from either parent, if available
- Inheritance rights
- Social Security and
veterans' benefits, if available
- The emotional
benefits of knowing who both parents are
Paternity Establishment When the
Alleged Father Does Not Cooperate
DCSS may ask the custodial parent for
information about the alleged father including:
- Facts about the
mother's relationship with the non custodial parent, the mother’s
pregnancy and the child's birth;
- Whether or not the
alleged father ever provided any money for the child;
- Whether or not the
alleged father ever admitted in any way that the child was his (for
example: through letters or gifts);
- A picture of the
alleged father with the child, if available;
- Any information from
others who could confirm the mother and alleged father's relationship;
- His home and
business address;
- Names and addresses
of previous employers;
- Whether or not the
child was conceived in California, and if the child ever lived in
California
|
|
|
Paternity Opportunity Program (POP)
In an
effort to create a legal "link" between unmarried fathers and their
children, the California Department of Social Services joined other states,
in a partnership with licensed hospitals and clinics with birthing
facilities, to establish the Paternity Opportunity Program (POP). This
voluntary in-hospital paternity acknowledgment program, implemented in
January of 1995, involves approximately 360 of California's licensed
hospitals and clinics. The program has since been expanded to prenatal
clinics, county welfare offices, local vital records offices, and courts.
Unmarried new parents may sign a
Declaration of Paternity form at the hospital immediately following the
birth of their child. Signing this form will make the process of legally
establishing paternity easier and faster in most cases. Parents may also
sign a Declaration of Paternity after they leave the hospital.
As a result of federal welfare reform
legislation, if the parents of a child are not legally married, the father's
name will NOT be added to the birth certificate unless they:
- Sign a Declaration of Paternity in the
hospital, or
- Sign the form later or legally
establish paternity through the courts and pay a fee ($19.00) to amend the
birth certificate
A signed Declaration of Paternity states
that the man is the father and has the same effect as a court order
establishing paternity for the child. By signing this declaration, you are,
by your choice, waiving the following rights:
If either of you later change your mind
about signing the Declaration of Paternity, you must complete a form to
rescind or cancel the Declaration of Paternity and file it with the State
Office of Vital Records within 60 days from the date you sign this form. You
can get a rescission form from your local DCSS or local office of vital
statistics.
This form may be challenged in court
within the first two years after the child's birth or by genetic tests that
prove the man is not the biological father. It also may be overturned if the
father or mother is able to prove that she/he signed the form because of
fraud, duress, or material mistake of fact.
If either or both of you are under the
age of 18, a Declaration of Paternity will not establish paternity until 60
days after both of you are age 18 or are emancipated. If you wish to legally
establish paternity before both of you become adults, you should consult an
attorney or your local DCSS.
The Declaration of Paternity is a legal
document that will establish paternity. You do not have to complete or sign
this form. If any part of this form does not make sense to you, talk to your
local DCSS or a lawyer before signing the form.
For more information about the
establishment of paternity or child support, please contact the local DCSS
or legal services organization. |
Establishing a Support Order
If a court order for child support does not
already exist, and the noncustodial parent is located, an order for support
will be sought by DCSS. Orders for support are based upon both parent's income,
the amount of time the child spends with each parent, and allowable deductions.
DCSS will also request that the court require the noncustodial parent to
provide health insurance for the child if it is available at a reasonable cost.
|
|
|
|
|
|
Top
|
|