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How Do We Perform These Functions?
1. Locating Non-Custodial Parents
The Child Support Officers, legal and clerical personnel have access to
the following databases to assist in the location of non-custodial parents.
- Department of Motor Vehicles (DMV)
- MEDS - The systems used to track recipients of public assistance throughout
the State
- Integrated Justice System (IJS) - The system used to track criminal
and civil court cases, booking and inmate information in the County
Jail and warrant information in Sonoma County
- California Locator Service (CPLS) accesses EDD, Franchise Tax Board,
DMV, Department of Justice and the Department of Corrections
- Federal Parent Locator Service (FPLS) accesses IRS, Veteran's Administration,
Social Security and Department of Defense
- Credit reporting agencies
- Sonoma County Property database
- Sonoma County Fictitious Business Name database
2. Establishing Paternity
The child's mother must fill out a declaration under penalty of perjury
stating who she feels is the father and when the sexual intercourse occurred.
In our office these are referred to as the PQ (Paternity Questionnaire)
and Dec (Paternity Declaration).
Using these documents as the legal proof of paternity, a lawsuit is filed
in Superior Court against the non-custodial parent. The alleged father
may request genetic testing during this process and the gathering of genetic
samples from all parties is arranged by DCSS.
When the results of the testing is received, the results are either that
the alleged father is EXCLUDED (the possibility of him being the father
is zero) or NOT EXCLUDED which is admissible in court as evidence of paternity.
Unmarried parents can also sign a declaration called the Paternity Opportunity
Program or POP Declaration which establishes paternity. Both parents must
sign this declaration in the hospital at birth or in the DCSS office before
a birth certificate can list the father's name in the State of California.
Benefits of Establishing Paternity:
- Financial - Gives child the right to child support, Social Security
and Veteran's benefits, and inheritance rights.
- Medical - Provides a medical history for the child and medical insurance
if available.
- Psychological and Emotional - Every child has the right to know who
his or her father is.
3. Establishing Orders
A lawsuit is filed in Superior Court requesting establishment of paternity,
and/or a child support order, and/or establishment of arrears, and/or
an order for medical support. We refer to this lawsuit as the Summons
and Complaint. A notice of the amount of child support that is being requested
is included in the lawsuit and is called the Proposed Judgment. These
documents are served upon the non-custodial parent, usually by a private
process server, and the NCP then has thirty days to respond. Once served,
a judgment or order is obtained in one of three ways:
- The non-custodial parent does not respond within the thirty day limit,
and a judgment is entered by order of the court which is called a Default
Judgment.
- The non-custodial parent agrees to paternity and child support and
signs an agreement called a Stipulation which is filed with the court.
- The non-custodial parent files a document with the court called an
Answer and is given a court date to resolve the lawsuit.
A software program called DissoMaster is used to calculate child support
which is based on uniform guidelines established by State legislation
and the ability of both parents to support the child.
4. Enforce Orders
DCSS must ensure that child support payments are made on a regular basis
and that the correct amount is paid. Once collected, the support must
be credited to the non-custodial parent's account and distributed within
two business days after receipt of payment. DCSS must also ensure that
health insurance is provided as ordered.
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