The Child Support Attorney will often present factors agreed upon by
the parties and frame the contested issues for the Court.
The parents or their attorneys can supplement those issues as
needed. This process often reduces the time required for
a hearing by focusing on only the contested issues. Each side is
then allowed to produce evidence regarding their positions.
The Court Commissioner may ask questions in order to obtain
additional information needed to complete the
Guideline Calculator input screen and calculate child support.
- Child support in a Title IV-D case is calculated under Family
Code § 4050 et seq., just as in other Family law actions. Child
Support attorneys and IV-D Commissioners are required to obtain
'guideline' child support orders. The main factors
in determining the amount of child support to be ordered are the
percentage of time the minor children spend with
the non-custodial parent, and the gross wages of each parent.
- The percentage of custodial time will be calculated based on the
testimony of the parties, and the Commissioner will use
the actual number of hours per year the child(ren) spend with
the non-custodial parent, not necessarily the terms
of a visitation order. If the non-custodial parent does not
appear at the hearing and offer evidence, whatever admissible
evidence is available will be utilized to determine the factors.
- The gross monthly income of the parents is typically calculated
from pay stubs or W-2 forms or tax returns. When those are
not provided CSS may utilize other source information, to
include statements from employers, Federal Case Registry
(FCR) income reporting, or sometimes the testimony of the other
parent. Temporary Orders are sometimes made when
one or more of the main factors is unknown or subject to change
in the near future.
- A child support modification may be filed by any party to change
the amount of child support, due to a change in circumstances
since the last order. Changes in the income of either parent (to
include unemployment), an increase or decrease in
child care expense, or a change in visitation could be
qualifying factors. In support modification proceedings, the
modified order can only be made effective beginning the first of
the month after the motion or order to show cause
was filed with the court (not when a request is made to
Department of Child Support Services).
- A motion to release driver's (and other state) licenses can be filed by a party paying child support, seeking a judicial
review of the Department of Child Support Services decision not to release the license. Family Code §17520 provides
that holds be placed on licenses issued by the state when the obligor is not in compliance with a support order;
these licenses include professional, trade, driver's and recreational licenses. If a suspension notice is received,
the obligor must first attempt to reach an agreement with the Department of Child Support Services, and if unsuccessful,
he or she may file a request for judicial review of the license denial.
The Child Support Commissioner shall act as a temporary judge absent an objection from the local child support agency or
any other party. A specific notice to this effect is contained on the Judicial Council summons and complaint forms filed
by the local child support agency, and will be used in other forms regarding Title IV-D proceedings. The Child Support
Commissioner will normally advise the parties prior to the commencement of a hearing that the matter is being heard by
a commissioner who shall act as a temporary judge.
If you live in another State or live more than 100 miles from the
Stockton Family Law Courthouse you may
request a telephonic appearance. Parties that live locally are expected to appear in person.
Every court has a
Family Law Facilitator/Pro Per Clinic to provide
child support information and help parties obtain and complete court
forms at no cost. For information on the San Joaquin County
Family Law Facilitator go to http://www.sjcourts.org/self-help/pro-per-clinic
or call 1 (209) 468-8280.
