Child Support Services

Date

Purpose Child Support Services exists to establish

and enforce court orders for paternity, child support and medical support for children.

Dual priorities: Collect and distribute support to families; collect reimbursement of public assistance funds expended.

California collected more than $2.2 billion in FFY 2011.

Outline CSS Structure, Mission and Vision

Why do we do what we do?

Customers – Who are they? Local caseload demographics

PerformanceHow do we stack up?

Who are the customers?

Any family that receives cash public assistance (CalWORKs) MUST apply for child support services to receive aid.

Any family that requests services, regardless of aid status.

In FFY 2011, almost 60% of child support was collected on behalf of current and former CalWORKs families

Government Structure

Federal law requires all states to maintain a method for collecting child support as a condition of receiving public assistance funding.

In California, Child Support Services is administered by the State Department of Child Support Services and run by 51 Local and Regional Child Support Agencies (LCSAs)

LCSAs in California are county agencies with county employees.

Funding for CSS

Funding is provided by state and federal dollars. (66% Federal, 34% State). No county contribution.

Legal Authority for CSS

Federal regulatory requirements are established and administered by the Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement.

Title IV-D of the Social Security Act,

42 U.S.C. Section 651 et seq.

Legal Authority for CSS

State direction and control is set by statute and regulation Family Code Sections 17000 – 17804 Title 22, Division 13 California Administrative Code

State DCSS oversees: Legal, Policy, Program, Special Projects California Child Support Automation System (CCSAS) State Disbursement Unit (SDU)

“Statewideness”

State directs local agency policy Quarterly audits for compliance with State and Federal case

management requirements and data reliability

Single statewide computer system for child support agencies Complete since November 2008 Allows better locate, case processing functions Allows cases to move seamlessly as a family moves

between counties SDU processes payments

Federal Performance Measures

Federal regulations set state/local child support agency performance measures.

State funding is contingent on meeting or exceeding set performance goals. A limited set of funding incentives are available to high-performing states.

Penalties are assessed against states failing to meet goals or system requirements.

Federal Performance Measures

Paternity Establishment Support Order Establishment % of Current Support Collected % of Cases with a Payment on Arrears Cost-to-Collection ratio

What do we do, and how do we do it?

Establish paternity

Establish support orders

Enforce support orders

Establish Paternity

Both parents can sign a form (POP Form, for Paternity Opportunity Program) in the hospital, welfare office or CSS office, or

Court process

Genetic Testing (DNA) is free and encouraged

Establish Support Order

Both parents can sign an agreement (Stipulation) in the CSS office, or

Court Process, or

If non-custodial parent doesn’t participate, CSS will have a Default Order entered

California State Guideline

Family Code Section 4055 – a complex algebraic formula considering both parents’ income, % of timeshare, and other factorsTax filing statusSchedule A deductionsMedical expensesOther children

State Guideline

See the State DCSS website for the calculator:

https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

Military Members - Support

Most California courts are more attuned to military pay than before – but you may need to educate about base pay, BAH/BAS, special duty pays and tax-free status.

Deployments: can I set a review hearing to adjust support when I get back?

Enforce the Support Order – Direct Enforcement

Wage Orders (70% of all collections)DFAS now electronic – too easy!

Voluntary Payments – cash, check, credit card!

Property liens

Bank Levies

Enforce the Support Order – Direct Enforcement

Intercept ProgramsFederal, State Tax refundsStimulus FundsUnemployment InsuranceDisability InsuranceSocial SecuritySome Veterans PaymentsAlaskan Permanent Fund Payments

Enforce the Support Order – Indirect Enforcement

License Suspensions Drivers’ Licenses Medical, Law, Barbers, Real Estate, etc.

Civil Contempt

Passport Denial Program

Criminal Sanctions

Modifications

Most offices will do out-of-court stipulations if both parties are willing – some local courts still want to see both parties in court.

Suggest telephone conferences or webinars to discuss modifications – avoid the travel expense if out of area!

County Office(s)

Address

Address

County Statistics

Services: Number of Families Served

Number

Collections Distributed to Families $ Amount

County Military Liaisons

Nameemail@county.gov phone

Nameemail@county.gov phone

Links

Military Parents:http://www.acf.hhs.gov/programs/cse/military_and_veteran/

Military Employers:http://www.acf.hhs.gov/programs/cse/newhire/employer/home.htm

Questions?