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Siskiyou
Modoc Regional Department of Child Support Services
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FREQUENTLY ASKED QUESTIONS & 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. 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. 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 and they They can be contacted at (530) 233-2008. 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. 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. 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. 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. 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. 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. 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:
(Written proof of any change of circumstances is required) 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. 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. 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. 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. 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) 842-0157 for self-help clinic schedules, or Legal Services of Northern California at 1-800-822-9687, or a private attorney for assistance. 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. 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:
2. FRANCHISE TAX BOARD Intercept:
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. 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. 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. 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. 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. 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. 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. 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 Siskiyou County Facilitator’s Office at (530) 842- 0157 and in Modoc County at (530) 233- 2008.
HOW TO APPLY FOR CHILD SUPPORT SERVICES 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. 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. 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:
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