DCSS San Diego, Child Suport, Attorney Casey

DCSS

Attorney, David A. Casey Can help you with all of your DCSS matters.

law office located at:

365 Broadway, Suite 203. El Cajon, California

Telephone (619) 447-6780 - E-mail: Familylaw1@aol.com

To learn more about the following subjects,

click on the subject matter title you are interested in.

1. Divorce - Contested vs. Un-Contested. 2. Child Custody. 3. Child Support. 4. Spousal Support. 5. Restraining Orders. 6. Challenging Restraining Orders (TRO). 7. Attorney Fees (who will pay) 8. Contempt Actions - Enforcing a court order. 9. Paternity Action. 10. Child Support Enforcement . (DCSS and the District Attorney office) 11. Loss of Driver's License. 12. Tax intercept for past due support. 12. Wage Assignment orders 13. General common legal terms. 14. Legal terms used in a divorce proceeding.

EVERYTHING YOU MAY OR MAY NOT WANT TO KNOW ABOUT DCSS.

HAVE YOU BEEN SERVED DOCUMENTS FROM THE DEPARTMENT OF CHILD SUPPORT SERVICES (DCSS)? SHOULD YOU GET AN ATTORNEY?

The purpose of DCSS is to collect on unpaid support! If you do not pay support, cannot pay support, or circumstances that you were not aware of keeping you from paying support, it is important that you understand your rights. I have represented many clients in these situations with the DCSS, and yes, it is my opinion that you need an attorney. Why? Because they have an "upper hand" so to speak. They can garnish your wages, suspend your driver's license and other licenses, and even levy your bank account! I hear from clients all the time that they tried to do it on their own, but became overwhelmed and even felt that the Judge rubber stamped the DCSS request. Without knowledge of the system and how to present your case, the system will do what it is intended to do under the laws of the court. This is where an attorney is very helpful.

Can an attorney really make a difference in getting get me a better deal? The system does not make "deals", however, an experienced attorney will make sure all of your rights are protected and that you will not have to pay anything more than the law mandates. DCSS representatives do not represent you. They are there to collect support with whatever means that it takes. Based on the information and facts you provide your attorney, the amount of payments could be reduced to fit your income, or even request an audit to ensure the amount due is correct.

Is it worth hiring an attorney? Yes, when you are dealing with long term obligations such as child support or arrears, you need to know that your rights are protected. In the long run, having an attorney to represent you in these matters saves you money. Not because the attorney will get you a better deal, but the attorney will make sure you are only going to pay what you are legally obligated to pay.

What is your retainer fee? Most of the time, for most DCSS enforcement cases, the retainer is between $1,000.00 and $1,500. However, until you have called for an initial consultation, an exact amount cannot be quoted. After you present your information about your case in a consultation, based on the complexity of the issues, the retainer amount will be determined. If DCSS is bringing an action against you, you normally will not have to pay the first appearance fee unless you are requesting some relief different than what they are requesting. If DCSS is filing a paternity action, I strongly recommend filing a response within the 30 day period after being served if you are challenging the action.

I think I’m the father of the child, but I don’t know for sure, what should I do?

If you do not believe you are the father or have any doubt even so slight, you should ALWAYS get a paternity test. It is extremely difficult to get the court to change an order after you admit paternity. Child support lasts until the child is 18 years unless a full-time high school student, until 19 years old. Many times a test will come back indicating that the person is not the father and the results were very clear that it would have been impossible for the accused person to be the father of the child. In my opinion, the test is well worth the cost to know for sure. I have had cases where a father comes to me when the mother finally tells him after tens years that he is not real father. Just think about how it must feel being part of the child's life for all of those years, dealing with the court, and on top of it, paying child support only to learn the child is not yours. It can be crushing to you and the child. Even if you wanted to stop paying the support, you are still required to do so. So, unless you are 100% sure, before signing any paternity admission, get the DNA test first!

WHAT DOES IT MEAN THAT THE CUSTODIAL PARENT ASSIGNS HIS/HER RIGHTS TO SUPPORT?

The State of California, the County where you live in, and the Courts are always changing the laws regarding the responsibilities of the noncustodial parent. Therefore, please only use this web page for general information. This website in no way this constitutes legal advice.

As a condition of receiving AFDC benefits, the custodial party automatically assigns (or gives) all rights to child, spousal and medical support to the county up to the amount of aid paid. This includes all current and past-due support and continues as long as a family is receiving aid. Any current child support payments that exceed the amount of aid paid will be sent to the custodial party.

By law, AFDC recipients must cooperate with the DCSS to establish paternity and to obtain child support payments. Unless the Welfare Department approves a claim by the recipient for "good cause", AFDC recipients will be required to provide information about the noncustodial parent including: information about the parent's whereabouts, finances, place of employment, Social Security number, and date of birth. Failure to provide this information, if known or available, may affect AFDC eligibility. AFDC recipients must also inform the DCSS of any AFDC benefits they have received in other counties or states. If the dependent child leaves home, the AFDC recipient is required to notify both the County Welfare Department and the DCSS.

"Medically Needy" Only Cases

Medically Needy is the term used to describe those cases in which the custodial party and/or children are only receiving Medi-Cal benefits. These cases are referred to the DCSS for the purpose of establishing paternity and obtaining medical support for the dependent children. The custodial party must cooperate with the DCSS as a condition of eligibility for Medi-Cal, unless he/she has filed a claim of good cause for not cooperating which the county welfare department has approved.

The custodial party must tell the DCSS about any other health coverage that they or their children are entitled to, or that they currently have. By law, any rights to medical support or payments for medical care from other health coverage that a Medi-Cal recipient may have are automatically assigned to the state. The DCSS will also seek to establish and enforce a child support order for the dependent children, unless the custodial party tells the DCSS that he/she does not want this service.

CAN I STOP THE DCSS ENFORCEMENT?

If the custodial party is receiving AFDC and/or Medi-Cal, then stops receiving either one, by law the DCSS must continue to enforce the support order. If the custodial party does not want the continued services of the DCSS, he/she must notify the office in writing that he/she no longer wants the DCSS assistance. At that time, the DCSS will only pursue assigned arrears (past-due support) and will notify the noncustodial parent to pay current child support directly to the custodial party if current support is still owed. But keep in mind, if arrears are still owed, the DCSS will still enforce the arrears order and payment on the arrears still have to be made the County.

ARREARS: DO THEY CHANGE INTEREST ON THE AMOUNT OWED?

Interest currently being charged for new arrears is at 10%. If you don't pay the arrears in a few years you could owe more in interest than the principle amount. Too many times, unpaid principle can cause interest to accrue more than the principle amount. It is important to pay enough so that principle is paid off as soon as possible.

Even though you receive a monthly statement, it indicates the principle amount. I have seen many cases where the person thinks they only owe the county a small amount, then when they think they have paid it, they receive a statement for perhaps thousands of dollars in interest. If you are not sure what you owe or want to find out exactly how much is owed, an attorney can file an action to request an audit of your account. This way you can make sure the payments you made were credited and get the TOTAL amount owed including principle and interest.

CAN I RECEIVE CREDIT FOR IN-KIND CHILD SUPPORT?

Federal regulations require the DCSS to open cases and establish child support orders at the request of either parent. Support payments must be paid to the agency specified in the court order (usually the DCSS) for the noncustodial parent to receive credit for payment.

In AFDC cases, no credit will be given for payments made directly to the custodial party or in-kind payments such as purchase of clothing, school supplies, rent, etc., unless proof of payment can be shown. In non-AFDC cases, credit may be given for in-kind payments with the custodial party's agreement.

Paying through the DCSS is a good way to make sure an accurate record of child support payments is kept. Child support payments should always be clearly identified with the case number, to whom the payment is made and what the payment is for.

The custodial party must report any payment received directly from the noncustodial parent to the agency the court order says should receive it and, if the custodial party receives AFDC, to the County Welfare Department.

IMPORTANT! Even if the DCSS is not involved, most courts will NOT accept IN-KIND payment of child support at all, unless the court order indicates it is acceptable. In other words if the court order states for you pay the other party or DCSS X amount of dollars each month, this is what you need to do. Any thing you buy the children will not be credited as child support.

AFDC and Medically Needy Only Cases

THE CUSTODIAL PARENT APPLIED FOR AFDC OR MEDI-CAL. DOES THE OTHER PARENT HAVE TO PAY SUPPORT EVEN IF I DON'T WANT THEM TO?

YES, The DCSS will contact the noncustodial parent and will bring the necessary action to collect support as required by law. As a condition of eligibility for AFDC and/or Medi-Cal, the receiving party must cooperate with the DCSS in getting child support and/or medical support from the other parent.

What does it mean to "cooperate" with the DCSS?

To "cooperate" means you must provide any information or documents needed by the DCSS to establish paternity and/or locate the other parent, and to get support payments for your child(ren). If you are receiving AFDC and/or Medi-Cal and you do not cooperate with the DCSS, you must have "good cause" for not doing so. "Good cause" means you must have a legally acceptable reason for not cooperating with the DCSS such as the probability of physical or emotional harm to you or your children.

* Enforcement *

How is child support enforced by DCSS?

The DCSS is able to enforce and collect support in many ways. These different methods can affect you financially if you are not aware of them. A family law attorney can help you to protect yourself.

When the noncustodial parent doesn't pay the full amount, or doesn't pay at all, an enforcement action is necessary. The DCSS strives to make sure that child support payments are regularly made.

In reviewing the file to determine the best method of enforcement, the DCSS's first concern is establishing a regular payment plan for current support. Collection of arrearages (past-due support) is the secondary concern. The best method of enforcement is selected based on all the information in the case including the noncustodial parent's payment history, the date of the last payment, where the noncustodial parent lives and works, the noncustodial parent's income, and what kind of assets he/she has.

The DCSS will try to get the noncustodial parent to voluntarily pay. Sometimes regular and full payments are received from the noncustodial parent in response to regular monthly billings or telephone reminders from the DCSS.

Mandatory wage withholding

The Family Support Act of 1988 requires that child support payments be withheld from a noncustodial parent's paycheck from the time that child support is ordered. The noncustodial parent's earnings will be withheld unless he/ she can, 1) Show good cause why it should not be done, or 2) has an alternative arrangement with the DCSS and the custodial parent. (Good cause and alternative arrangements concerning earning assignments are specified in state law in Family Code Section 5260).

The employer of the noncustodial parent is served with a court order to withhold a specified amount of current support and back child support, with instructions to send the wages to the DCSS for distribution. Once a wage assignment is served, the employer must honor it as long as the noncustodial parent remains employed.

*** An employer may not take more than 50 percent of the noncustodial parent's disposable earnings unless ordered to do so by the court. The wage assignment order has priority over any other withholding order against the noncustodial parent.

• Health insurance coverage assignment

A health insurance coverage assignment is a court order that requires the noncustodial parent's employer (or other person providing health insurance to the noncustodial parent) to enroll the child(ren) in the parent's health insurance plan. The order also authorizes the employer to deduct the cost of the health care premiums from the noncustodial parent's earnings. The employer is instructed to notify the DCSS of any lapse or change in the health insurance coverage.

Other child support enforcement techniques include: liens, federal and state income tax refund intercepts, unemployment and state disability intercepts, lottery intercepts, writs of execution, contempt proceedings, suspension of professional licenses and DRIVER'S licenses, and credit approval risk.

Personal property

A judgment lien on personal property is a lien on all interests in that property that are subject to enforcement of a money judgment, such as accounts receivable, equipment, inventory, chattel paper, farm products, and negotiable documents of title. The lien continues on the proceeds received upon the sale, collection or other disposition of the property subject to the lien.

Real Property

The District Attorney will record support orders and judgments with the county recorder to create a lien against any real property in that county in which a noncustodial parent has or acquires an interest. Any action by the noncustodial parent to sell or refinance is prevented unless the lien is satisfied in full, or other arrangements are made with the DCSS.

*** If you owe the support, DCSS has no problem taking money out of your bank account. You could be left without funds to pay your rent or mortgage. They have no problem taking your driver's license away from you. If you are in arrears, the first step is to get legal counsel to help represent you BEFORE they start taking these kinds of actions. If they have already taken any of these actions, then you need to act quickly. I often receive calls from people telling me they they have no more money in the bank and their driver's license was suspended. It is important that you get legal advise as soon as possible. The longer you let it go the more difficult it will get. Call today for your free initial consultation!

• Franchise Tax Board Child Support Collection Program

IMPORTANT! IF YOU OWE MONEY TO DCSS, YOUR BANK ACCOUNT IS NOT A SAFE PLACE TO KEEP YOUR FUNDS!!

Since January 1993, a law went into effect that allows the Franchise Tax Board (FBB) to help collect past-due support. This is called the FTB Child Support Collection Program. The Franchise Tax Board is allowed to collect money from bank accounts and wages to pay for child support. The FTB can also confiscate property like boats, land and motorcycles.

I want to make it clear if you are remarried and have a joint account your spouses funds are not safe either. They will not only take your money, but any money in the account whether or not it belongs to your new partner. If you have a joint bank account or a business account, the funds can be taken at any time. I have assisted many clients by bringing an action to get a court order before the funds are gone or to stop these kinds of actions.

DON’T WAIT UNTIL YOUR SITUATION GETS OUT OF HAND!

For further information and consultation CALL 619 447-6780, e-mail or fax your request for an appointment TODAY at the Law office of David A. Casey, Esq. Please remember we do represent many individuals who reside out of state and who cannot make court appearances.

Any legal content contained on this website is not intended to and does NOT constitute legal advice

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