SAN DIEGO, CALIFORNIA- The Department of Child Support Services (DCSS) is an agency assigned with the task of representing the State of California’s interest in ensuring that minor children are provided for financially. DCSS also represents the County of San Diego’s interest in reclaiming monies paid out to custodial parents that have collected welfare or cash aid. A common misconception of DCSS is that they actually represent the custodial parent in the child support case. This is technically incorrect. While the County of San Diego and the custodial parent may share the same position, meaning the position that the child support order against the non-custodial parent should be maximized, DCSS does not represent and does not file papers on behalf of the custodial parent.
Once a case is opened with the Department of Child Support Services, the Family Court loses its jurisdiction or power to make or to modify the order for child support in that case. Occassionally , a custodial parent will request that the DCSS open a child support case in the middle of a divorce proceeding in family court. When this happens, the judge in the divorce case will no longer deal with the issue of child support as it relates to the divorce. The vast majority of cases involving the DCSS are not related to divorce, but start as what are called paternity actions. A paternity action is an action brought by an unmarried parent in order to obtain orders for parentage, child custody or visitation, and child support.
The DCSS uses the same statutory statewide guideline for the calculation of child support order and will consider the incomes of both parents along with the percentage of time that each parent spends with the child or children. Once the order is made, the DCSS enforces the order and collects on the child support order through the State Disbursement Unit in Sacramento. The payer of child support should no longer make payments directly to the custodial parent or these payments may not be credited as paid. Child support payments should be made through the disbursement unit and these funds will be forwarded to the custodial parent.
San Diego DCSS can employ several measures in their effort to ensure child support payments are made. Those efforts include garnishment of wages, interception of tax returns, levy of bank accounts, retirement accounts, or any other liquid account, suspension of driver’s license, revocation of U.S. Passport and suspension of professional licenses such as medical license, law license and contractor’s license. In the most extreme cases, DCSS will file a criminal contempt action against the obligor of the child support order.
Child support arrears are a very serious issue. DCSS, like any other governmental agency, is very busy and has hundreds of thousands of cases. They don’t always get it right when it comes to calculating what is owed in child support arrears. If this is the case it is very important that the issue is dealt with promptly. Our office handles DCSS arrears cases and has had success significantly reducing child support arrears for our clients when appropriate.
If you are a custodial parent in need of an increase in your child support order or if you ordered to make a child support payment that you cannot afford, the child support lawyers at Griffith & Young may be able to help you solve your problem. Call now for your free consultation with either attorney John Griffith or attorney Catie Young 858-345-1720. We represent divorce and family law clients all over San Diego County including Encinitas, Del Mar, and Oceanside.