Orange County Child Support Services General Information
Child Support Basics
A child support order mandates payments from one of a child’s parents to the other in order to support a minor child. The specific terms of every child support order are unique, and the amount is determined by several factors, including the following.
• The amount of money each parent earns or can earn,
• The amount of money each parent receives from all income sources,
• The number of children the parents have together,
• The amount of time the child spends with each parent,
• The tax filing status of both parents,
• Any financial support the child receives from elsewhere,
• The child’s expenses regarding health care and day to day life,
• Mandatory expenses each parent has, like taxes, retirement contributions or union dues,
• Costs related to the child’s health care, child care, and transportation,
• Other factors, depending on each child and family’s unique situation.
Child support is intended to cover the following costs.
• Childcare while the parent is at work or in training to get a job,
• The child’s health care expenses,
• Transportation for the child from one parent to the other,
• The child’s educational needs,
• Additional costs relating to the child’s health, well being and general care.
A child support order can be created in several situations, as long as the parentage has been legally established. One of the easiest ways to initiate a child support order is to work with the Orange County Child Support Services.
California Child Support Services
Every child has the right to receive financial support from both parents. When a child does not receive the support of two parents, he or she may become the responsibility of the State. California has an incentive to ensure that every child receives financial support from his or her parents, and every county in California has a local child support agency to help make sure that children are financially supported.
In the OC, Child Support Services provides information regarding child related laws, from custody and child support to services the state provides.
There are four main ways to obtain a child support order through Child Support Services in the OC.
• If one parent receives public assistance, the local child support agency will automatically initiate a child support case;
• If the child is in foster care, the local child support agency may file a child support case against one or both parents;
• Either parent can choose to start a private case with their local child support agency;
• Either parent can also request that the local child support agency steps in to enforce a child support order during a family law case.
Initiating a New Child Support Case With Your Local Child Support Agency
In Orange County, OC Child Support Services is the local child support agency. To initiate a child support order with OC Child Support Services, you will need to provide the agency with certain information about you, your child, and the child’s other parent. The application for services that you are required to fill out will ask for the following information.
• The full name, address, and telephone number of both parents,
• The birth dates of both parents and the child,
• The social security numbers of both parents and the child,
• Paycheck stubs from both parents, and
• Both parents’ employment information.
In addition to the information you provide, your local child support agency may also gather information on its own in order to determine the amount of child support the child support order will require.
The Process of Obtaining a New Child Support Order with Your Local Child Support Agency
Because your child support agency is filing the child support case with the Court, the agency will act as the petitioner. The noncustodial parent is usually the respondent, and the custodial parent is usually the ‘other parent’. In some cases, the custodial and non custodial parents will switch places, depending on various factors and which party is required to pay child support.
To simplify the process, the local child support agency will start by contacting the respondent parent to see if he or she will agree to establishing paternity and child support. Paternity must be established in order to require a parent to pay child support. If the parent agrees to a child support order, the process will be much simpler - the parents can fill out the appropriate forms and submit them to the judge for approval.
Depending on how the respondent parent responds, he or she may need to be served with a Summons and Complaint by a process server, or order a DNA test to determine paternity. The local child support agency will assume the costs of this test, because determining the parentage and establishing child support is in the best interest of the State.
If the respondent parent does not reply to the Summons and Complaint, the local child support agency will be awarded a default judgment, and child support will be awarded.
If genetic testing was required, the parentage can either be undetermined and the case dismissed, or the paternity may be determined.
If parentage is established and the respondent parent has replied to the Summons and Complaint, the local child support agency will try to get the parents to work out a child support agreement, or arrange to take the case to court.
Enforcing an Existing Child Support Order With Your Local Child Support Agency
Both parents have the right to request that their local child support agency helps with the enforcement of a child support order. Enforcement can be done through wage garnishment, bank liens, interceptions of a tax refund, and more. As long as there is a valid and legal child support order, it can be enforced by your local child support agency.
Contact an Orange County Child Support Attorney
If you have questions about initiating a child support order, or about enforcing an existing child support order, an Orange County child support and family law attorney can help. Contact Yanez & Associates today to schedule your free initial consultation.
Our Orange County child support services are available to assist you with your questions regarding child support, and any additional family law matters you may have. Attorneys are available to answer any initial questions you may have before opting to retain a divorce attorney.
Child support is determined by a judge in a family law court. Several factors will be taken into consideration by the family law judge before a decision is made. The judge will take the needs of the children such as their basic needs, educational needs, and the parents income into consideration. After reviewing the documents filed with the court regarding the parties finances, the appropriate amount of child support will be ordered. The parties have an option of modifying the support at a later time, if there is a significant change in circumstances. Evidence of a significant change in circumstances will need to be presented in court at that time.
If you do decide to retain an attorney to assist you with your child support matter, they will be able to help you throughout the entire process. The benefit of hiring an attorney is so that you have a professional familiar with the law surrounding child support in California who can advocate for you. Furthermore, they will be able to clarify any matter that is unclear to you and ensure the best possible case is presented to the judge on your behalf.
If you are ready to take the next steps toward retaining a child support attorney, please call and reserve your appointment time today. For additional information regarding Orange County Child Support Services, and family law please contact your local family attorneys. Please call Yanez & Associates at 714-971-8000 for your free initial consultation. We look forward to assisting you with your child support or family law matter.