|
1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Shared Income Model. The formula uses the percentage of both parents' net disposable incomes, adjusted according to the percentage of time each parent has primary physical responsibility for the child(ren). (Family Code section 4050 et seq.)
For Additional Information -
|
|
2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)? |
CA does not have a minimum number of days. Any amount can be considered.
For Additional Information - No Link Provided
|
|
3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
Yes. Interest is charged at the statutory rate of 10% per annum. Interest accrues beginning the first day of the month following either the date the installment is due (if payable in installments), or from the date of entry of judgment. (Code of Civil Procedure sections 685.010, 685.020, and 685.030, Family Code section 17433.5).
For Additional Information - No Link Provided
|
|
4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
|
Yes. Interest is charged at the statutory rate of 10% per annum. |
|
5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
|
Yes, California will enforce a medical support debt for any percentage that has been reduced to a dollar amount in a judgment. (Family Code sections 4061-4063) |
|
6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
|
The person ordered to receive support (PRS) must provide a written agreement authorizing the Department of Child Support Services to forward payments received from the parent ordered to pay support (PPS) to the non-parent, third party caregiver. The PRS must sign the agreement and have the signature notarized or verify his/her identity and sign the agreement in the presence of a local child support agency representative. |
|
7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
|
A payment received for the current month's support may be redirected if the child is receiving TANF and rights have been assigned. A payment received for the current month's support may be redirected if the child is receiving Medicaid and rights have been assigned. |
|
7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
|
Yes. Custodial party is defined in 22 CCR section 110224 as the person having primary care, custody and control of the child(ren) and who is/are receiving or has applied to receive services under Title IV-D of the federal Social Security Act (commencing with Section 651 of Title 42 of the United States Code). The LCSA is prohibited from providing services to third party caregivers that apply for IV-D services on behalf of children in their custody for whom the caregiver does not have legal guardianship. These are cases where public assistance is not being provided and was not provided in the past, right to child support have not been assigned, and no referral has been made by a public entity. |
|
8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
|
Yes. Custodial party is defined in 22 CCR section 110224 as the person having primary care, custody and control of the child(ren) and who is/are receiving or has applied to receive services under Title IV-D of the federal Social Security Act (commencing with Section 651 of Title 42 of the United States Code). The LCSA is prohibited from providing services to third party caregivers that apply for IV-D services on behalf of children in their custody for whom the caregiver does not have legal guardianship. These are cases where public assistance is not being provided and was not provided in the past, right to child support have not been assigned, and no referral has been made by a public entity. |
|
9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit? |
|
Yes. |
|
9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how? |
|
Derivative benefit payments received on or after January 1, 2005, should be credited toward the court ordered current monthly support amount. Any derivative payment amount that exceeds the current monthly support amount should be credited to the existing arrearages. |
|
10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
SSA retirement is not abated, SSI/SSP with no other known income is.
For Additional Information - No Link Provided
|
|
11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?) |
|
|
|
12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state? |
|
If the other state is enforcing an CA court order and we find out that the payor is receiving social security benefits, then CA will either ask the other state to issue the IWO to SSA or request the responding jurisdiction (RJ) to close the case and issue a withholding to SSA. If CA is enforcing another state’s court order and we find out that the payor is receiving social security benefits, we will issue the IWO to SSA unless the initiating jurisdiction (IJ) requests that CA stop enforcing. |
|
13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits? |
|
When it is determined that SSI/SSP is the PPS’s only source of income the LCSA will file a motion to set support to $0 if appropriate and review case for closure.
If PPS is disabled, meets SSI resource test, and has provided proof of Title II benefits the IWO issued by the LCSA will not exceed 5% of their total monthly Title II payments. When the PPS receives a combination of SSI and Title II benefits the case remains open. |
|
14. Does your state child support agency have a debt compromise program? |
|
Yes. |
|
15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?) |
|
When the current support obligation terminates by operation of the law but an arrears balance exists, the arrears payment is equal to the court ordered current support amount that has terminated plus the prior monthly payment on arrears. |
|
16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
|
No. On an existing CA support order it is not required that a parent obtain legal custody to address a change in child support. Verification of the change in circumstance is obtained during the review and adjustment process. Enforcement activities on the current support order must not be suspended, and the PPS must continue to comply with the current support order until the order is modified. |
|
1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No.
For Additional Information - No Link Provided
|
|
2. How is genetic testing coordinated within your state when the other party is in another state? |
Genetic testing is scheduled and coordinated through our credentialed vendor. The laboratory will determine the appropriate location for each participant for testing.
For Additional Information -
|
|
3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
California law requires a 99 percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing, and a combined relationship index of at least 100 to 1. (Family Code section 7555)
For Additional Information -
|
|
4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
A VDOP creates a rebuttable presumption of parentage that becomes a conclusive presumption 2 years after the date of birth of the child (or 3 years after the date of execution of the VDOP for VDOPs signed on or before December 31, 1996).
Per California Family Code Section 7573, a voluntary declaration of parentage (VDOP) takes effect on the filing of the document with the Department of Child Support Services, except as provided by Section 7580. Additionally, except as provided in Sections 7573.5, 7575, 7576, 7577 and 7580, a completed and filed VDOP is equivalent to a judgment of parentage of the child. Full faith and credit is given to a VDOP effective in another state if the declaration was in a signed record and otherwise complies with the law of the other state.
The voluntary declaration of parentage may be rescinded within 60 days after it was signed. It can be set aside up to two years after it was signed due to fraud, duress, or material mistake of fact. The set aside must be done in court. (Family Code section 7575 and 7576)
California Code, FAM 7573.
For Additional Information -
|
|
5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
No. In cases where the marital presumption prevails, a child of spouses who cohabitated at the time of conception and birth is a conclusive determination of parentage (See #6). After January 1, 1995, if the parents are not married to each other or if the mother gave birth through assisted reproduction, the genetic or intended parent's name shall not be listed on the birth certificate unless the genetic or intended parent and the woman who gave birth sign a voluntary declaration of parentage. Therefore, the voluntary declaration of parentage carries the evidentiary weight when the parents are unmarried or conceive through assisted reproduction (Health & Safety Code section 102425(a)(4)(C), Family Code section 7571).
For Additional Information -
|
|
6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
Yes. The marital presumption applies if: (1) The presumed parent and the child's natural mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated; (2) Before the child's birth, the presumed parent and the natural mother attempt to marry and the child is born during the attempted marriage or within 300 days of termination of marriage or cohabitation; (3) After the child's birth the presumed parent and the natural mother marry or attempt to marry, and he or she consent to listing his or her name on the birth certificate; (4) The presumed parent is obligated by a written voluntary agreement or court order to support the child; or (5) The presumed parent receives the child into his or her home and openly holds out the child as his or her natural child. (Family Code section 7611).
For Additional Information - No Link Provided
|
|
7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
|
Not applicable. |
|
8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
Not applicable.
For Additional Information -
|
|
9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
|
Yes. |
|
10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
No.
For Additional Information - No Link Provided
|
|
10.1 Describe any circumstances under which these fees may be waived? |
|
Not Applicable. |
|
11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
|
No. California does not recognize common law marriages. CA abolished common law marriages in 1895, and the duration of cohabitation does not grant couples any marital rights or status. |
|
12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
|
CA abolished common law marriages in 1895, and the duration of cohabitation does not grant couples any marital rights or status. |
|
13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
|
One intergovernmental packet (with a separate Declaration of Support of Establishing Parentage forms for each child). |
|
1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
|
Judicial. |
|
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
N/A
For Additional Information - No Link Provided
|
|
1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
N/A - Family Code section 4054.
For Additional Information -
|
|
2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
Net monthly disposable income of each parent is considered. (Family Code section 4050 et seq.)
For Additional Information -
|
|
2.1. What documentation is required as proof/evidence of this information? |
|
Income and Expense declarations, pay stubs, tax returns, Profit & Loss Statement, Schedule C, 1099 documents. For a list of income sources please see California Code, FAM 4058 |
|
3. What criteria for rebutting your presumptive guidelines have been established in your state? |
Support guidelines may be rebutted by admissible evidence showing that application of the formula would be unjust or inappropriate in the particular case.
For Additional Information -
|
|
4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
No.
For Additional Information - No Link Provided
|
|
4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Not applicable.
For Additional Information - No Link Provided
|
|
4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
|
No. |
|
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
Not applicable.
For Additional Information - No Link Provided
|
|
5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No.
For Additional Information - No Link Provided
|
|
5.1. What about when public assistance is not being expended? |
|
When public assistance is not being expended, a custodial party who is not the biological parent of the child must have legal custody to receive IV-D services. If aid is being expended, legal custody is not required. |
|
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
If the order is reserved it would require establishment. If the order is zero it would require modification.
For Additional Information - No Link Provided
|
|
7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
No, the new custodial parent is not required to obtain legal custody, but they must provide proof/documentation of the change in physical custody/residency (Example: school records) to have the child support obligation modified.
For Additional Information - No Link Provided
|
|
1. What are specific sources of income not subject to withholding? |
Needs based income sources, such as CalWORKs, Social Security public benefits (General Assistance, TANF) and Supplemental Security Income/State Supplemental Plan (SSI/SSP) are not subject to wage withholding. (Family Code section 17516, Welfare & Institutions Code 10051); US Dept. of Veterans Affairs disability benefits, except as remuneration for employment defined in 42 USC, sections 659(a) and (h).
For Additional Information -
|
|
2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes, Code of Civil Procedure section 706.052.
For Additional Information -
|
|
2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA? |
|
Yes: California allows the use of lower limits than federal maximums for specific income types and through written agreements.
• Wages/salaries: Max 50% of net disposable earnings
• Disability/unemployment/compensation benefits: Max 25%, unless reduced by written agreement
• Court-ordered IWOs: Must comply with federal limits (CCPA)
|
|
3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
|
California does not require a fee that the employer must withhold and remit to the state on behalf of the noncustodial parent. But, under California law, employers may charge an administrative fee to the employee (noncustodial parent - NCP). Employers may charge the NCP up to $1.50 per payment as an administrative processing fee. |
|
4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
|
Unless the order states a later date, beginning as soon as possible after service on the employer but not later than 10 days after service of the order on the employer. (Family Code section 5233; Code of Civil Procedure section 706.022) |
|
5. What are your state’s sanctions for employers for not implementing income withholding? |
|
Contempt of Court: Employers who persistently refuse to comply may be held in contempt, which can lead to penalties imposed by the court such as fines or other legal remedies.
Court-Ordered Payments: In some cases, employers may be required to make payments via electronic funds transfer directly to the child support agency
|
|
6. What are the penalties to an employer for failure to remit payments withheld? |
|
Failure to withhold/forward support: Employer liable for missed amounts + interest.
Willful noncompliance: Subject to contempt of court
Willful or repeated failures (3+ times in 12 months): Up to 50% civil penalty on unpaid support; court may require EFT payments
|
|
7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents. |
|
no
|
|
7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
|
Direct withholding of UI benefits is not permitted. The initiating state must send a referral to California's Central Registry for the creation of a limited-service case. Required documents include a Transmittal #1, Confidential Information Form, Letter of Transmittal Requesting Registration, a copy of the order, and an arrears declaration in your referral packet. |
|
8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents. |
|
No |
|
8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
|
The requesting state should submit a Transmittal #3 and Confidential Information Form to the California Central Registry requesting collection from the account. Document on the Transmittal #3, the name and address of the financial institution, account number, amount of the arrears, and the name and payment address for the state disbursement unit in the requesting state. |
|
9. How does a noncustodial parent contest an income withholding in your state? |
|
The noncustodial parent (NCP) must use Form FL-450 (Request for Hearing Regarding Earnings Assignment) to contest.
1. Upon serving an Income Withholding Order (IWO) the employer must provide the NCP with:
• A copy of the IWO (Form FL-195) and
• Form FL-450 with instructions on how to contest
2. Fill out Form FL-450 indicating objections
3. File it with the court clerk (no filing fee required)
4. Court sets Hearing. Clerk assigns a case number and schedules a hearing 30-45 days after filing
5. The NCP must provide 3 stamped, addressed envelopes for:
The employer
The child support agency
Themselves
6. Attend court hearing and present evidence to support your objection. The court decides to either quash, modify, or uphold the IWO
Note: Withholding continues during the contest
|
|
10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
Title 22, California Code of Regulations (CCR), Section 116100 specifies withholding for current support first, then arrearages. A full description of the order of distribution can be found at section 695.221, California Code of Civil Procedure.
For Additional Information -
|
|
11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold? |
|
Yes, California child support IWOs apply to independent contractors. They are treated exactly like employees for withholding purposes. The same IWO form, net disposable earnings calculation, and 50% maximum limit apply. |
|
1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
|
Financial institution levies utilizing Financial Institution Data Match (FIDM) and Multi-State Financial Institution Data Match (MSFIDM) are available through AEI. |
|
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
|
The levy criteria include the following: the court-ordered amount is more than 60 days past due and the arrears balance exceeds $3,500, the financial institution has reported an account balance of $3,500 or more, the Parent Ordered to Pay Support (PPS) does not currently have an active bankruptcy nor are they receiving Title II benefits, Unemployment Insurance Benefits or Disability Insurance Benefits, there has not been a levy issued within the past 180 days to this financial institution, and due process has been given to the PPS, i.e., annual warning notice. Levies are not issued on compliant cases.
In addition to a fully completed Transmittal #3 submitted to the California Central Registry, the following documentation is required to process the request: a Child Support Confidential Information Form, a copy of court order, arrears balance with a payment history, and bank account information. Please note on the Transmittal that you want California to close the case once the action is completed. |
|
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
All court ordered child support cases must be submitted for credit reporting, whether the parent ordered to pay support (PPS) is current or past-due on their court-ordered obligation. (Family Code section 4701(d)(1)) The PPS will be sent a notification 30 days prior to being reported to the credit reporting agency to be given an opportunity to contest or to pay the arrearage, if any. (Family Code section 4701(d)(2)) A PPS may submit a dispute regarding the PPS's credit report information directly to the business address of any California local child support agency.
For Additional Information -
|
|
4. To which credit bureaus does your state report a noncustodial parent's child support information? |
|
Equifax, Experian, and Trans Union. |
|
5. Is the method for credit bureau reporting judicial, administrative, or both? |
|
Administrative. |
|
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
|
If the PPS disagrees with information reported to the credit bureaus, they may submit a dispute to the local child support agency (LCSA) by phone, email, regular mail, at an office visit or directly to the credit bureau which would be received by the LCSA via the Online Solution for Complete and Accurate Reporting (e-OSCAR). If the PPS submits a dispute to the LCSA, they must include:
1. Sufficient information to identify the account or parties involved.
2. An explanation providing the reason for the dispute.
3. Any documentation that supports the dispute; for example, proof of timely payments, relevant court orders, proof of direct payments to the CP, or a fraud or identify theft affidavit.
The LCSA then has 30 days to investigate the dispute and report the results to either e-OSCAR or to the PPS.
If the past-due report is found to be accurate, the past-due status will not be removed from the report.
|
|
7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
|
Yes. The minimum arrears balance is $25. |
|
8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
|
Yes. The minimum arrears balance is $25. |
|
9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
|
Yes. The minimum arrears balance is $25 for federal insurance match. |
|
10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
|
Yes. The minimum arrears balance is $25 for federal insurance match. |
|
11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount? |
|
No. Owning state submits. |
|
12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount? |
|
Yes. The minimum criteria per Family Law is $100 minimum arrears balance and 60 days past due. |
|
13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial? |
|
Yes, CA does submit past-due cases to OCSE for passport denial. |
|
14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
|
Both. Judicial: Money judgment or order needed first.
Administrative: Liens perfected by filing with the appropriate agency.
|
|
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
Yes. Deposit-type accounts for social security, Deposit-type accounts for public assistance benefits, Deposit-type accounts for SSDI or SSI/SSP, Inmate trust fund, Active bankruptcy, Sole proprietorship business/payroll account for employee payroll and payroll taxes only, Legal partnership accounts with partnership agreement and file partnership tax return, Achieving Better Life Experience Act (ABLE) fund account totaling $100,000 or less, Golden State Scholarship Trust Account (commonly referred to as a "ScholarShare529" Account).
For Additional Information - No Link Provided
|
|
16. Is the financial institution attachment process in your state centralized and/or automated? |
|
Both centralized and automated. |
|
17. What are the criteria to attach an account in a financial institution in your state? |
|
The parent ordered to pay support (PPS) is eligible when the court-ordered amount is equal to 60 days of support and the aggregate amount exceeds $100 (Family Code section 17500(c)).
A PPS is considered ineligible if disabled, meets the federal Supplemental Security Income resource test, and is receiving Supplemental Security Income/State Supplementary Payments (SSI/SSP), or, but for excess income as described in Section 416.1100 and following of Part 416 of Title 20 of the Code of Federal Regulations, would be eligible to receive SSI/SSP, and the PPS has supplied the local child support agency with proof of his or her eligibility for, and, if applicable, receipt of, SSI/SSP or Social Security Disability Insurance benefits, then the child support delinquency shall not be referred for collection, and, if referred, shall be withdrawn, rescinded, or otherwise recalled the action (Family Code section 17450(c)(2)). California stopped automated financial levies from being issued when a participant is receiving Unemployment Insurance Benefits as of December 12, 2021.
|
|
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
No.
For Additional Information - No Link Provided
|
|
19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
|
The other state must submit a Transmittal #3 to the California Central Registry to include all relevant information; including the parent ordered to pay support's (PPS) name, the name and address of the financial institution, and the requesting state's address where the payment will be sent. |
|
20. Does your state's income withholding definition include amounts in financial institutions? |
No.
For Additional Information - No Link Provided
|
|
21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
A Child Support Warning Notice is sent to the parent ordered to pay support (PPS) upon becoming more than $5 overdue on support and then at least once every 12 months thereafter.
For Additional Information - No Link Provided
|
|
22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
The institution must transmit all available funds, up to the full amount, to DCSS no earlier than 10 business days after receipt of the Order to Withhold or Exempt Order to Withhold. (Family Code section 17454(d))
For Additional Information -
|
|
23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
Yes, the financial institution must not transmit any funds to the department earlier than 10 business days after a parent ordered to pay support's (PPS) receipt of a notice to withhold (Family Code section 17454 (d)). Also, the local child support agency shall notify the state Department of Child Support Services (DCSS) within 2 business days of the receipt of a claim of exemption from a PPS. DCSS then directs the financial institution to hold any funds subject to the order pending notification by the state DCSS to remit or release the amounts held. (Family Code section 17453 (j)(6)).
For Additional Information -
|
|
24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
The amount eligible for attachment is the amount of any past-due support stated on the notice or order (Family Code section 17453(d)(2)) that is provided to the financial institution.
For Additional Information -
|
|
25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment? |
|
A “Child Support Warning Notice” (CSWN) form (DCSS 0284) is sent annually to any PPS with an arrears balance. This notice advises the PPS that if support arrears are owed, the Department of Child Support Services will use any collection method authorized under state or federal law, including, but not limited to, those methods listed below to collect all arrears.
• Intercept the PPS’s federal and state income tax refunds.
• Intercept other federal payments owed to the PPS.
• Intercept any lottery winnings or other money owed to the PPS.
• Attach and seize money or assets held by the PPS’s financial institution.
• Take a portion of any money owed to the PPS as an independent contractor.
• Intercept a portion of the PPS’s disability or unemployment benefits.
• Take a portion of the PPS’s personal injury settlement or workers' compensation benefit payments.
In addition to seizing the funds listed above, the notice advises the PPS that the following may also occur:
• Any state issued licenses, including driver’s licenses and professional licenses, may be suspended, or not renewed.
• The US Secretary of State may not issue a passport to the PPS or may revoke or restrict the PPS’s current passport.
The PPS is also advised of the right to request an administrative review of the case within 90 days of receipt of the CSWN.
For additional information: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=17800.&lawCode=FAM
|
|
26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
Yes. The financial institution, person or securities intermediary in possession or control of the financial asset shall liquidate the financial asset in a commercially reasonable manner within 20 days of the issuance of the levy or the notice to withhold. If the value of the financial assets exceeds the total amount of support due, the parent ordered to pay support (PPS) may, within 10 days after the service of the levy or notice to withhold, instruct the person, financial institution, or securities intermediary which financial assets are to be sold to satisfy the obligation for delinquent support. Within 5 days of liquidation the financial institution, person or securities intermediary shall transfer to the local child support agency, the Franchise Tax Board, or the state Department of Child Support Services, as applicable, the proceeds of the liquidation, less any reasonable commissions or fees, or both, which are charged in the normal course of business. (Family Code section 17522.5)
For Additional Information -
|
|
27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
|
A parent ordered to pay support (PPS) who is more than 30 calendar days in arrears with their child support may be submitted to the California licensing agencies for suspension of their driver's, professional and/or recreational license. California has a two-part license suspension/revocation process. For the initial match with the licensing agency, the licensing agency will immediately notify the PPS that their license will be automatically suspended in 150-days. The PPS is instructed to contact their local child support agency (LCSA) to make an agreement for release of their license. If a PPS has received a release of their license after making an agreement with the LCSA but fails to make the agreed payments, the child support agency will inform the licensing agency. The licensing agency will immediately notify the PPS that their license will be automatically revoked in 30 days (Family Code 17520) |
|
28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
|
If a driver's license has been suspended due to non-payment of child support, the parent ordered to pay support (PPS) is instructed by the licensing agency to contact the local child support agency (LCSA) to discuss a possible license release. The license release generally involves an arrears payback agreement, however the contacted LCSA will review all of the PPS's cases to determine whether a license release is appropriate by considering any pending legal actions and any other pertinent information. California does not specifically have a low income or hardship exemption. |
|
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
|
Yes. Prior to the issuance or renewal of a license, each board shall determine whether the applicant is on the most recent certified consolidated list provided by the department. If an applicant is on the list, the board shall immediately serve notice of the board's intent to withhold issuance or renewal of the license. The board shall issue a temporary license valid for a period of 150 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license. Upon the request of the local child support agency or by order of the court upon a showing of good cause, the driver license agency shall extend a 150-day temporary license for a period not to exceed 150 extra days (Family Code 17520(e)(2)(D)). |
|
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
|
The criteria are the same for all license types (see #27). Professional license types include, those issued by the Boards and Bureaus of Department of Consumer Affairs, Department of Real Estate, Bureau of Real Estate Appraisers, Department of Insurance, State Bar, Gambling Control Commission, Secretary of State's Office, Alcohol and Beverage Control, Cannabis Control, Commission on Teacher Credentialing, Emergency Medical Services Authority. |
|
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
|
If a professional license has been suspended due to non-payment of child support, the parent ordered to pay support (PPS) is instructed by the licensing agency to contact the local child support agency (LCSA) to discuss a possible license release. The license release generally involves an arrears payback agreement, however the contacted LCSA will review all of the PPS's cases to determine whether a license release is appropriate by considering any pending legal actions and any other pertinent information. California does not specifically have a low income or hardship exemption. |
|
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
|
Yes. Prior to the issuance or renewal of a license, each board shall determine whether the applicant is on the most recent certified consolidated list provided by the department. If an applicant is on the list, the board shall immediately serve notice of the board's intent to withhold issuance or renewal of the license. The board shall issue a temporary license valid for a period of 150 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license. Only one temporary license shall be issued during a regular license term, and it shall coincide with the first 150 days of that license term. |
|
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
|
The criteria are the same for all license types, including recreational licenses (see #27). Recreational licenses are issued by the California Department of Fish and Wildlife and include hunting, trapping, and fishing licenses. |
|
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
|
If a recreational license has been suspended due to non-payment of child support, the parent ordered to pay support (PPS) is instructed by the licensing agency to contact the local child support agency (LCSA) to discuss a possible license release. The license release generally involves an arrears payback agreement, however the contacted LCSA will review all of the PPS's cases to determine whether a license release is appropriate by considering any pending legal actions and any other pertinent information. California does not specifically have a low income or hardship exemption. |
|
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
|
Yes. Prior to the issuance or renewal of a license, each board shall determine whether the applicant is on the most recent certified consolidated list provided by the department. If an applicant is on the list, the board shall immediately serve notice of the board's intent to withhold issuance or renewal of the license. The board shall issue a temporary license valid for a period of 150 days to any applicant whose name is on the certified list if the applicant is otherwise eligible for a license. Only one temporary license shall be issued during a regular license term, and it shall coincide with the first 150 days of that license term. |
|
36. What are the criteria for initiating/filing a lien in your state? |
|
Real Property (California Code of Regulations, Title 22, Division 13, section 116130): Title IV-D child support money judgment or order is received by a local child support agency; a case is opened for enforcement of an existing order or judgment; or an existing order is registered for enforcement.
Personal Property (Family Code section 17523): Title IV-D child support money judgment or order is being enforced by a local child support agency and the parent ordered to pay support (PPS) is delinquent in child support payments.
|
|
37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
|
Both. Judicial: Money judgment or order needed first. Administrative: Liens perfected by filing with the appropriate agency. |
|
38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe. |
|
Yes. The process is both judicial and administrative |
|
39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
|
Yes, California has a state tax refund offset process, which is a combination of Judicial and Administrative: Judicial: Money judgment or order needed first.
Administrative: Tax offset is processed administratively with the California Franchise Tax Board.
|
|
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
|
Yes, all California state lottery winnings are included in the offset process with the California Franchise Tax Board. |
|
40.1 If yes, is this enforcement judicial, administrative, or both? |
|
It is both (see #39) |
|
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
|
Other administrative enforcement procedures include California Public Employees' Retirement System (CalPERS) match, Alaska Permanent Fund Dividend (APFD) match, Unclaimed Property match, and various class action settlement matches. |
|
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
|
Civil or criminal contempt proceedings, Creditor's Claim, Earnings Assignment Order for Support, Notice of Lien, Order of Examination, Qualified Domestic Relations Order, Probate Lien, (Probate) Request for Special Notice, Security Deposit of Money or Assets, Seek Work Orders, Voiding Fraudulent Transfers and Writs of Execution. |
|
1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Every 3 years in TANF cases.
For Additional Information - No Link Provided
|
|
2. What is your state's modification procedure? Briefly describe. |
Judicial. The local child support agency will seek to adjust the order via a Notice of Motion, order to show cause, or stipulation.
For Additional Information - No Link Provided
|
|
3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
A change in circumstances is expected to last more than 3 months, and will alter the amount of support by at least 20% or $50, whichever is less; or the parties stipulated to an order below the amount established by guidelines and are now requesting an adjustment. No change in circumstances needs to be demonstrated to modify the order to the applicable guideline level or above. The counties can proceed when the request for an adjustment is based on the need to include health care. The counties may, but are not required to, review any case if the case has been reviewed for adjustment within the last 6 months. (Family Code section 4065(d))
For Additional Information -
|
|
4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
Please see responses below.
For Additional Information - No Link Provided
|
|
4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
|
Yes. |
|
4.2. The earnings of the custodial parent have substantially increased or decreased. |
|
Yes. |
|
4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes.
For Additional Information - No Link Provided
|
|
4.4. The cost of living has changed. |
|
No. |
|
4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
|
Yes. |
|
4.6. There has been a substantial change in childcare expenses. |
|
Yes. |
|
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
Change in custody; change in employment status; change in parenting time; change in travel expenses for visitation; financial hardship on the parent ordered to pay support (PPS)/person ordered to receive support (PRS); PPS/PRS begins or ceases receiving unemployment benefits, state disability, or workers compensation benefits; additional child support orders; change in the PPS/PRS's health insurance premium; release of the PPS/PRS from incarceration or psychiatric facility; determination that the order does not include a provision for medical support; PPS becomes disabled; order based on presumed income and actual income becomes known; PPS/PRS is a reservist in the military and is called to active duty; to accommodate seasonal or fluctuating income of either parent.
For Additional Information - No Link Provided
|
|
5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
|
No. |
|
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
When learning that a parent ordered to pay support (PPS) will be incarcerated or involuntarily institutionalized for a period of 90 consecutive days or more, the local child support agency must suspend the support order for the duration of incarceration. A specific request is not needed to initiate this action. (Family Code section 4007.5)
For Additional Information -
|
|
7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment? |
|
Yes. If a child is receiving Social Security benefits due to a parent's disability or retirement that were not previously considered in the existing order, this would qualify as a change of circumstance for a review of the order. |
|
8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request? |
|
A review may be initiated when the local child support office becomes aware of a change in circumstances of either party in a IV-D case without the need for a specific request from either party. However, either party may request a review of their order when he/she has had a change in circumstances. A wet signature is not required. |
|
9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)? |
|
Yes. |
|
1. Does your state require electronic payments? If yes, provide your state statutory citation. |
|
Yes, employers who pay their taxes electronically are required to remit their child support payments electronically. |
|
2. What is your state's SDU bank name? |
|
The SDU bank is Wells Fargo. MUFG Union Bank provides EFT support for ACH credit transactions.
|
|
3. What is your state's SDU vendor name? |
|
Conduent State and Local Solutions - Collections and Disbursements
|
|
4. What is your state's web-based payment service for employers? |
|
Web-based online payment services through ExpertPay at www.expertpay.com.
SDU EFT Help Desk
Phone: 866-901-3212, option 1
Fax: 888-587-5471
E-mail: casdu-electronichelpdesk@dcss.ca.gov
E-mail: ccsasbusinessolutions@dcss.ca.gov (assistance to employers with other child support issues)
Website: www.casdu.com
|
|
5. What is your state's web-based payment service for noncustodial parents? |
|
Web-Based online payments services for credit/debit cards. ACH debit payments can be made through ExpertPay at www.expertpay.com.
SDU EFT Help Desk
Phone: 866-901-3212, option 1
Fax: 888-587-5471
E-mail: casdu-electronichelpdesk@dcss.ca.gov
E-mail: ccsasbusinessolutions@dcss.ca.gov (assistance to employers with other
child support issues)
Website: www.casdu.com
|
|
6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
|
Credit card payments accepted from parents paying support and employers. Employers must use ExpertPay for credit card payments |
|
7. How does your state accept card payments? |
|
Payments are accepted via phone: (866) 901-3212, option #1 and website: www.casdu.com. In addition, payments can be made through PayPal (via Value Payment Systems VPS). |
|
8. Are there fees associated with the credit card payments? |
|
MoneyGram and PayNearMe charge a $1.99 convenience fee and VPS charge a 2.49% service fee. ExpertPay has a onetime $2.50 registration fee. ExpertPay also has a 2.95% service fee for credit card payments. The www.casdu.com website has a 1.9 % service fee. |
|
9. Does your state have other payment options? |
|
California accepts cash payments from obligors via PayNearMe, Money Gram, and kiosks located at the county offices. |
|
10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
|
Within 10 days after receipt |
|
11. When must an employer remit amounts withheld from an employee's pay? |
|
No longer than 7 business days after the payment is withheld. |
|
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
|
Federal, state, and local taxes; FICA; Medicare; and disability insurance; union dues; deductions for disability insurance and payments to public employees' retirement systems, provided that the deductions are required as a condition of employment. |
|
13. What is your state's priority for withholdings? |
|
At this time, California allows for the non-aided individual to choose between medical support and current support. For aided individuals, it is always current support that is prioritized. |
|
14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
|
Except as provided by the court, the maximum withholding is 50% of the net disposable earnings; or 25% (may be lower by written agreement) of state disability, temporary worker's compensation benefits, or unemployment benefit payments. A court ordered IWO is limited to the limit under Section 1673 of Title 15 of the US Code.
If the lump sum does not involve "earnings," then the lump sum would be subject to a 100% attachment depending on arrears amount owed. For example, a lump sum involving a civil judgment award not involving earnings would be subject to the maximum 100% attachment. |
|
15. What are the withholding limits for non-employees? |
|
Any moneys payable to the individual based upon compensation of personal service whether it is wages, salaries, commission, bonus, pay, allowances, or otherwise can be withheld to pay child support. With the exception provided by the court, the maximum withholding is 50% of the net disposable earnings. Withholding from independent contractors is allowed by California law. |
|
16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).) |
|
Prorate - If the NCP has more than one garnishment for support, total the amounts due for all assignments. If 50% of the NCP's net disposable earnings cannot satisfy all of the garnishments, prorate first among all the current obligations. Any remainder is applied to arrears in the same manner. |
|
17. When does your state require employers to send notice of an employee's termination? |
|
Within 10 days |
|
18. How long should an employer retain the order after the employee's termination? |
|
Generally, the employer must retain the IWO until such time that the employer has been notified that the IWO has been terminated. By operation of law a withholding order for support shall automatically terminate one year after the employment of the employee by the employer terminates. |
|
19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii)) |
|
$1.50 per payment |
|
20. Provide your state's statutory citation. |
|
Cal. Civ. Proc. Code §§706.022, §§706.030, 706.052; Cal. Fam. Code §§5235, 5231, 5238, 5246; 5282; 22 California Code of Regulations §§ 116100, 110280 |
|
21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.) |
|
No |
|
22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
No.
Employers are encouraged to report any bonus or other lump sum payments prior to payout by contacting the Department of Child Support Services (DCSS) at (916) 464-6640 or via email at lumpsumresponseteam@dcss.ca.gov. Employers may also report pending lump sum payments through the federal Office of Child Support Enforcement (OCSE) website, www.acf.hhs.gov/programs/css/employers/bonus-lump-sum-payments.
|
|
23. Does your state have a threshold amount for a lump sum to be reported? |
|
none |
|
24. Does your state citation or rule provide how long the employer must hold the lump sum? |
|
No longer than 7 business days after the payment is withheld |
|
25. Is the Income Withholding Order (IWO) used for lump sums? |
|
Yes |
|
26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
|
A Workers' Compensation Lien may be filed with the Workers' Compensation Appeals Board for workers' compensation permanent disability lump sum payments. (8 California Code of Regulations sections 10228 and 10770)
Notice of Lien may be filed with California Superior Court for civil lump sum payments. (Code of Civil Procedure section 491.410) |
|
27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation? |
|
Yes, California limits the withholding to a greater degree than the CCPA limitation on any non-court ordered earnings with-holding order. Except as provided by the court, the maximum withholding is 50% of the net disposable earnings under California Code of Civil Procedure Section 706.052(a). "Net disposable earnings" means earnings that is subject to withholding after making mandatory deductions for taxes including State, federal, local, Social Security, Medicare taxes and union dues, along with deductions for disability insurance and payments to public employees' retirement systems, provided that the deductions are required as a condition of employment. (22 California Code of Regulations Section 110280)
Note: A court ordered IWO is limited by Code of Civil Procedure Section 706.052(c) to the limit under Section 1673 of Title 15 of the US Code. |
|
28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
|
If the lump sum does not involve "earnings," then the lump sum would be subject to a 100% levy attachment depending on arrears amount owed. For example, a lump sum involving a civil judgment award not involving earnings would be subject to the maximum 100% attachment.
Note: payments to independent contractors are subject to the maximum 50% net disposable earnings withholding limit. |
|
29. What is your state's Medical Support Statute? |
|
California state statute on medical support can be found in California Family Code (FC) Sections 3750 - 3773. |
|
30. What is your state's Reasonable Cost Definition? |
|
Health insurance coverage shall be rebuttably presumed to be reasonable in cost if the cost to the responsible parent providing medical support does not exceed 5 percent of the parent's gross income. |
|
31. What is the Health Coverage Expense? |
|
Family Code (FC) Section 3751
The employee's cost of health coverage for the employee and child(ren), less the cost of employee-only coverage, whether the employee is already enrolled or not. |
|
32. What is the Income Withholding Limits for Support? |
|
Code of Civil Procedure Section 706.052, California Code of Regulations Title 22
Division 13 Section 116100(a) We calculate the available amount of disposable income for the aggregate of all ordered support by applying either the CCPA withholding limits or 5% (when the parent is disabled and meets requirements), an agency limit. |
|
33. What is the Priority of Withholding? |
|
California Code of Regulations, Title 22 Division 13 Section 116116, Family Code (FC) Section 5238, Code of Civil Procedure (CCP) Section 695.221
Priority shall be given as follows: 1) Current child, family and/or spousal support;
2) Health insurance premiums or Medical Support; 3) Amounts ordered for
payments on arrears and 4) any remaining court ordered amounts.
Exception: For non-Title IV-A cases, the person ordered to receive support (PRS) may elect to have health insurance premiums deducted before current support.
1) Current child, family and/or spousal support;
2) Health insurance premiums or Medical Support;
3) Amounts ordered for payments on arrears and
4) any remaining court ordered amounts.
Exception: For non-Title IV-A cases, the person ordered to receive support (PRS) |
|
34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
|
22 CCR § 116118(a)(2)(d)
If maximum amount of allowable withholding is less than the sum of all ordered all
heath coverage stop and not enroll the child(ren) in any coverage.
|
|
35. According to 45 CFR §303.32(a), what are your state options? |
|
Children of parent ordered to pay support (PPS) and, at State option, PRS who are required to provide health care coverage through an employment-related group health plan. |
|
36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
|
The employee should contact the issuing agency (local child support agency, which will appear on the National Medical Support Notice (NMSN) Notice to Withhold for Health Care Coverage form) via telephone or mail with the listed mailing address and/or telephone number that appear on the issued NMSN form. |
|
37. What is the reporting timeframe (non-magnetic media only)? |
|
Within 20 days of hire date |
|
38. What are the required data elements? |
|
New Hire Information: Employee name, Employee address, SSN, First day of work, Employer name, Employer address, FEIN, California EDD employer payroll tax account number, Employer phone number, Contact person name; |
|
39. What are the methods of transmission? |
|
Online (state portal), Mail, Fax |
|
40. Does your state require independent contractor reporting? |
|
Yes. The independent contractor information must be reported within twenty (20) calendar days of either making payments totaling $600 or more, or entering into a contract for $600 or more with an independent contractor in any calendar year, whichever is earlier. |