Establishing and Enforcing Child Support Orders — Page 6 of 8

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Job Searches and Other Legal Actions

When the DCSS is unable to collect support by sending a wage assignment to the NP's employer (the NP may be self-employed and uncooperative or unemployed), other actions such as job searches or contempt may be effective. These processes require that the NP be personally served with the legal paperwork that orders him or her to appear in court for a hearing. At the hearing, the judicial officer may order the NP to look for work and document that effort, and/or pay support. The judicial officer may order other conditions such as completion of the Parent Involvement and Employment Program (PIEP). Failure to meet the court's requirements may result in the NP serving time in jail. Time served in jail does not decrease or change the amount of child support arrears a non-custodial parent must pay.

Interstate Cases

If the NP resides outside of California, it is generally necessary for the DCSS to petition his/her state of residence to establish a support order or enforce the existing support order.

Interstate cases, because of the involvement of at least two different jurisdictions, are more complex and results are slower. The process is often further complicated if the NP moves from state to state. This necessitates additional paperwork to transfer the case to the next jurisdiction and as a consequence, takes additional time before the DCSS can obtain positive results.

In recognition of the complexity of interstate cases, the National Conference of Commissioners on Uniform State Laws, in 1992, proposed a model state law be adopted by all the states. The new law, the Uniform Interstate Family Support Act (UIFSA) was adopted nationwide as of January 1, 1998 when the federal government required that all states do so.

UIFSA attempts to streamline the interstate process for quicker results. Among other advantages, UIFSA allows the DCSS to send wage assignments directly to the NP's employer in another state without first going through that state's child support enforcement bureau. This speeds up the collection of support if we know where the NP works and if his or her employer cooperates.

Interstate support officers initiate cases to other states to establish and enforce support orders. They also handle cases sent to the DCSS from other states when the NP resides in Sonoma County.

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