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State Child Support Website Link
State Child Support Website


Updated On: 13 Aug 2025
Certified On: 13 Aug 2025

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
There are 47 local and regional child support agencies.
2. What is the name of your IV-D agency?
Department of Child Support Services.
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Judicial establishment; judicial and administrative enforcements.
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4. Does your state use the following applications: EDE, CSENET, QUICK?
Yes.
5. Describe special requirements for telephonic or video participation in two-state actions.
Courts may have varying requirements for telephonic or video participation in a two-state action. States should contact the local child support office handling the intergovernmental case for coordination of these requests.
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2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
Until the child(ren) emancipates which 18 years except an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, is considered a minor until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. The full-time high school requirement may be excused if the child has a medical condition documented by a physician that prevents full-time school attendance.
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 years except an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, is considered a minor until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. The full-time high school requirement may be excused if the child has a medical condition documented by a physician that prevents full-time school attendance.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No.
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Yes. Family Code section 3910 extends the parents' duty to support an incapacitated child when the child, regardless of age, is incapacitated from earning a living and is without sufficient means. In these situations, the court is allowed to order support beyond the child's majority. Also, see #8.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
Not applicable.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
Yes. In the case of an allocated order the child support is granted on a per child basis. When the child emancipates, the amount of current support charged is automatically reduced by the amount originally allocated to that emancipating child. However, if the case has an unallocated order, the current support amount is not affected by the emancipation of a child in the case of multiple children for unallocated orders.
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
The court has the authority to approve a stipulated agreement by the parents to pay for the support of an adult child or for the continuation of child support after a child attains the age of 18 years and to make a support order to effectuate the agreement. (Family Code section 3587)

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
There is no statute of limitations in California. Child support is enforceable until paid in full. (Family Code sections 291(a), 4502 and 4503)
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
While state statute requires California to establish parentage, California continues to also establish paternity to comply with federal law. Parentage/paternity can be established at any time. IV-D will do this until the age of majority for any child who is not incapacitated.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
Yes. Renewal is possible but not necessary because support orders are enforceable until paid in full. (Family Code sections 291 and 4502)
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4. Can the statute of limitation for enforcement be extended or waived? If yes, under what circumstances and for how long?
Not Applicable

4. Support Order Details

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.)
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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.
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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).
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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.
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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.

5. Paternity/Parentage

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.
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2. How is genetic testing coordinated within your state when the other party is in another state?
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)
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3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

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4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
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) The child of spouses who cohabitated at the time of conception and birth is conclusively presumed to be the child of the marriage, however, the marital presumption does not apply if the court determines that the husband of the woman who gave birth was impotent or sterile at the time of conception and that the child was not conceived through assisted reproduction. (Family Code section 7540) An action to challenge the parentage of the spouse who is a presumed parent under Section 7540 shall be filed not later than two years from the child's date of birth and may only be filed by any of the following: (1) By either spouse. (2) By a person who is a presumed parent under Section 7611 or by the child, through or by the child's guardian ad litem, to establish the parentage of the person who is a presumed parent under Section 7611. (Family Code section 7541)
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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).
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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).
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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?
Copies of the Voluntary Declaration of Parentage and any recissions filed with the Department of Child Support Services shall be made available only to the parents, the child, the local child support agency, the county welfare department, the county counsel, the State Department of Public Health, and the courts. (Family Code section 7571(i)). California can confirm if a VDOP is on file for participants when a IV-D Agency provides a Transmittal request.
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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.
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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).

6. Support Order Establishment

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
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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.
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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.)
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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.
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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.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
Not applicable.
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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.
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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.
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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.
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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.
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7. Income Withholding

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).
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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.
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2.1 Does your state have policy or procedures allowing the agency to use lower limits than the 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.
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?
6. What are the penalties to an employer for failure to remit payments withheld?
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.
Direct withholding of UI benefits is not permitted. The initiating state must send a referral to California's Central Registry for creation of a two-state case. To intercept Unemployment Insurance (UI) benefits from California that are being paid to a parent ordered to pay support (PPS) in another state which has no case with California, the request must be submitted to the California Central Registry with the following documentation: Transmittal #1, Confidential Information Form, Letter of Transmittal Requesting Registration, a copy of the order, and an arrears declaration.
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.
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.
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.
9. How does a noncustodial parent contest an income withholding in your state?
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.

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11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold?

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
Yes, pursuant to Family Code section 17504, for collections received on or after January 1, 2022, California passes through and disregards up to $100 for families with one child and up to $200 for families with two or more children. Prior to January 1, 2022, California passed through and disregarded up to $50 to all current assistance families.
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
Yes, pursuant to Family Code section 17504.2, collections on assigned arrears received on or after May 1, 2024 will pass through to formerly assisted families instead of being recouped to IV-A or disbursed to the Department of Health Care Services (DHCS). Beginning December 1, 2024, collections in suspense as undeliverable for a minimum of 6 months shall be sent to IV-A recoupment or DHCS. The formerly assisted participant can make a claim for the passthrough payments within 12 months of the payment being sent to recoupment.
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
From October 1, 1996 through April 30, 2020, California elected PRWORA distribution rules. Effective May 1, 2020, California implemented FDRA distribution rules in accordance with FDRA provisions.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
If California is the initiating jurisdiction, payments received from a responding agency must be allocated only to the associated intergovernmental case, even if the parent ordered to pay support (PPS) has other cases. If California is the responding jurisdiction, collections are distributed first to the current support obligation. Collections in excess of current support are allocated to each of PPS cases’ proportionate share of the total arrears balance, following the federal Deficit Reduction Act of 2005 (DRA) distribution hierarchy.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
If California is the initiating jurisdiction, payments received from a responding agency must be allocated only to the associated intergovernmental case, even if the parent ordered to pay support (PPS) has other cases. If California is the responding jurisdiction, collections are distributed first to the current support obligation. Collections in excess of current support are allocated to each of PPS cases’ proportionate share of the total arrears balance, following the federal Deficit Reduction Act of 2005 (DRA) distribution hierarchy.
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9. Enforcement

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.
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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).
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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.
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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.
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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.
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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))
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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)).
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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.
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25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment?
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.

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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
36. What are the criteria for initiating/filing a lien in your state?
37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe.
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.
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
40.1 If yes, is this enforcement judicial, administrative, or both?
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

10. Modification And Review/Adjustment

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.
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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.
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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))
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
Please see responses below.
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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.
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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.
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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)
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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.

11. Lump Sum Payments

3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order 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.?
An OMB-approved Lump Sum Income Withholding Order (IWO) is used for employer-issued lump sum payments, an Insurance Lump Sum IWO is used for lump sum insurance payments, a Workers' Compensation Lien may be filed with the Workers' Compensation Appeals Board for workers' compensation permanent disability lump sum payments, and a Notice of Lien may be filed with California Superior Court for civil lump sum payments.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
No.
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
Not applicable.
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
Yes. California will recover any fees from the parent ordered to pay support (PPS) that are included in the current enforceable order.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
Currently, the fee is deducted from the person ordered to receive support's (PRS) collection payment at the time the collection payments for that year have reached $550. (Family Code section 17208(c)) From January 2008 through Federal Fiscal Year ending September 30, 2010, California paid the fees on behalf of families.
3.1. Is it retained by the state from support collected?
Yes. (Family Code section 17208(c))
3.2. Is it paid by the individual applying for child support services?
No.
3.3. Is it recovered from the noncustodial parent?
No.
3.4. Is it paid by the state out of its state funds?
The state pays the federally mandated fee on behalf of state only aided persons ordered to receive support (PRS). Beginning federal fiscal year 2010-2011, for all other assessed cases, the state pays the mandated fee to the federal government and attempts to recover the fee from the PRS' subsequent collection payment.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. 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 pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
Yes. Insurance companies are required to identify a claimant who is also a parent ordered to pay support (PPS) who owes past-due child support and report those claimants to the California Department of Child Support Services via third-party claims administrator, such as Child Support Lien Network (CSLN) or the federal Office of Child Support Enforcement (OCSE). Insurance Code Sections 13550 through 13555.
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2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?
A parent ordered to pay support (PPS) who owes past-due child support with a minimum arrears balance of $25 (for federal insurance match) or $500 (for Child Support Lien Network) may be submitted for insurance match. Claims seeking one of the following economic benefits are subject to the reporting requirement: 1- A payment under a life insurance policy, disability income insurance policy, or annuity totaling at least one thousand dollars ($1,000) in which an individual is paid as the payee or co-payee for any of the following: (A) A claim by a beneficiary under a life insurance policy. (B) A payment of the cash surrender value of a life insurance policy or annuity. (C) A payment to an annuitant. (D) A payment from a disability income insurance policy. (E) A loan against the cash value or surrender value of an insurance policy or annuity, including loans for premium payments. 2- A payment under a property and casualty insurance policy totaling at least one thousand dollars ($1,000) under a liability insurance policy or underinsured motorist policy issued by an insurance company authorized to do business in California. An "economic benefit" under a property and casualty insurance policy does not include payments to replace or repair lost or damaged property.
3. What process does your state use to intercept insurance payments?
Different processes/forms may be used to intercept insurance payments based on the insurance claim type: For Life Insurance/Annuity - Insurance/Annuity Lump Sum Income Withholding Order (IWO) or Periodic Payment IWO; For Personal Injury - Personal Injury (CIIP) IWO; For Workers' Compensation (Temporary Disability Benefits) - Workers' Compensation (IWO); For Workers' Compensation (Permanent Disability) Workers' Compensation Lien and/or Judicial Council Notice of Lien (Form 185).
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4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?
An income withholding may not be sent to the Workers' Compensation Appeals Board. (Family Code sections 5210, 5230, 5230.1, California Code of Civil Procedure section 704.160(b) and (c); Labor Code section 4903). California's Department of Industrial Relations provides workers' compensation data to the federal Office of Child Support Enforcement Insurance Match program.
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
Yes.

14. Family Violence


15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
Yes.
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes.
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
Yes.
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
Yes.
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes.
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
The other state must submit a Transmittal #3, Confidential Information Form, and include the California Court Case Number to obtain a copy of a court order. The request is sent to the county where the IV-D case is open. If the case is closed, or is a non IV-D case with a private order, the other state will be directed to obtain a copy from the California Superior Court in which the order was established. There is no cost for requesting a certified copy of a court order. However, if California does not have an open IV-D case there may be a fee that must be paid to the applicable court to obtain a copy of a court order. The cost varies by court.
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2. What are the procedures and associated costs for obtaining a certified payment record?
The other state must submit a Transmittal #3, which includes the California Child Support Case number, and a Confidential Information Form to the county where the case is being managed. There is no cost for a certified payment record. However, California does not maintain payment records for all child support orders in the state. Only those cases where services have been requested from the IV-D agency or when non IV-D IWO payments are received from employers.
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17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
Family Code section 5700.101 et. seq.
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2. How does your state define the tribunal (See UIFSA 103)?
CA Superior Court of Family Law.
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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
One original of the required documents based on the action being requested. California prefers that UIFSA documents be sent in PDF format through the OCSS Electronic Document Exchange (EDE) application. When sending documents through EDE, please check the "sent through EDE" box on all forms. UIFSA packages, CT1 and UPT “Document Type” codes, should be combined into a single PDF document or into a .zip file.
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
No.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
Bermuda, Canadian Province of Quebec, Fiji, Mexico, and the Republic of South Africa.
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No.
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Alternative A.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
Yes, California will accept an abstract or summary completed by an official of the foreign competent authority in lieu of the complete text.
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No.
3. What methods of personal service does your state use?
Personal service is conducted by the sheriff, other public officials, or private contractors. The type of service is dependent on location of the party being served.
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
Childcare expenses, extra-curricular activities, cash medical support, and/or extraordinary expenses: The court may take costs related to the educational, other special needs of the children and travel expenses for visitation. Family Code Section 4062.
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
Yes. The use of mediation, conciliation, or similar processes is encouraged in every child support case.
6. What circumstances will cause your state to end child support before the normal duration?
The child emancipates before the normal duration. The child is no longer under the care of the person ordered to receive support (PRS) and there is no decision redirecting payments to someone else. The child marries. The child dies. The child is adopted by someone other than the parent ordered to pay support (PPS). The child has been removed from the family and is a civil ward of the state. The child support order states that child support ceases prior to the normal duration. The child enters into military service prior to the normal duration. Child support enforcement may cease prior to emancipation if the PPS is incarcerated for life with no chance of parole, institutionalized in a psychiatric facility, permanently disabled, or in receipt of Social Security Income and/or State Supplementary Payment with no other assets or income. Further, if there is a finding of good cause, the enforcement case will close immediately. If a non-aided PRS does not cooperate with the child support agency for a period of 60 days or longer, the enforcement case will be reviewed for closure. Lastly, the non-aided PRS has the option to close the enforcement case as long as no arrears are owed to California. Further information can be found under California Code of Regulations Section 118203: Requirements for Case Closure.
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20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
Payments may be made by check. California (CA) will transfer payments to the requesting foreign countries Central Authorities or designated responsible agency or creditor by Check or Warrant. If the creditor has a bank account in the United States, California will provide direct deposit/EFT payments in the United States bank account for the specific creditor. California (CA) has also partnered with the OCSS Central Authority Payment (CAP) service which allows for the processing of electronic payments with the Central Authorities that are also participating in this program. Payments can also be made via International EFT (IAT) to both Central Authorities and persons ordered to receive support (PRS). Payments can also be made via International EFT (IAT) to both Central Authorities and persons ordered to receive support (PRS).
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
All payments are processed through a designated authority. To avoid postage cost, electronic payment processing via IAT is encouraged in countries service by SDU partnered banks, as well as; participation in the OCSS Central Authority Payment (CAP) service as an additional option for processing electronic payments. To get the best transaction rate, when transmitting via IAT, payments to all Single Euro Payment Area (SEPA) countries are made through a separate account in London set up by the SDU.
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
Yes. California is actively working with both Central Authorities and persons ordered to receive support (PRS) who have international bank accounts to both disburse and collect payments (collections only available for central authorities) electronically. For Disbursement: California has created a separate EFT enrollment form for both Central Authorities as well as PRS which captures additional PRS and banking information needed for IAT. California (CA) also participates in the OCSS Central Authority Payment (CAP) service which allows for electronic payment processing as well for participating countries For Collections: California has created an IAT guide for Central Authorities on how to disburse payments to California.
4. Does your state send international payments to participating foreign authorities via OCSS’ Central Authority Payment Service? If yes, please list which foreign authorities.
Yes, California (CA) does send international payments to the following foreign authorities via OCSS Central Authority Payment (CAP): Australia, Czech Republic, Hungary, Latvia, Ontario Canada, Portugal, and Sweden.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No.
1.1. If yes, list the tribes and identify services provided, if less than full services.
The Yurok Tribe has a federally approved IV-D program, and interstate requests should be sent directly to the Yurok Child Support Services, PO Box 45, Eureka, CA 95502.
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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
No.

22. Employer Services

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.