Establishing and Enforcing Child Support Orders — Page 2 of 8

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Establishment of Support

A support order is based on the income of both the NP and the CP. If the custodial parent is receiving public assistance and has no other income, his or her income is zero. Public assistance benefits are not included in determining income.

In addition to income, the amount of visitation the NP has with the child(ren) is also taken into consideration in setting a support amount. Additional factors, such as support being paid for a child or children not of this relationship, cost of medical insurance for the child(ren) of this relationship, etc., are taken into consideration.

Both parties provide all the essential income information to the DCSS which then calculates the child support amount. If the CP is a recipient of public assistance, he or she has assigned the support rights to Sonoma County and the DCSS may establish or modify a support order without the consent of the CP.

If the DCSS is unable to come to an agreement with the NP (and/or the CP if the case is a nonwelfare case), then the issue must be referred to the court to determine the support amount and enter an order.

Enforcement of Support

One purpose of the DCSS is to ensure that support payments are made regularly and in the correct amount. In reviewing the file for the best method of enforcement, the DCSS's first concern is to obtain regular payments for current support. Collection of arrears, while also important, is of secondary concern. Selecting the best method of enforcement is based on all of the information in the case, such as payment history, the date when the last payment was received, the NP's income, and what kind of assets he or she may have.

Enforcement actions include wage assignments to employers and to the Social Security Administration, liens on property, liens on workers' compensation cases, liens on civil lawsuits and probate cases, federal and state income tax refund intercepts, unemployment and state disability insurance intercepts, lottery intercepts, writs of execution on bank accounts or other assets, job search proceedings and contempt proceedings. Account balances and payment histories are submitted to credit bureaus on a monthly basis. Accounts meeting certain criteria are also submitted to the Statewide Licensing Match system (SLMS) and to the Franchise Tax Board Full Collection Program.

Liens on Property

The DCSS records abstracts of support judgments in any county where the NP lives or is likely to buy, sell, or inherit property. A lien on property owned by the NP does not, by itself, result in the immediate collection of any money. In general, the lien prevents the NP from selling, transferring, or borrowing against the property until the support debt is paid or a negotiated settlement is reached.

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