Under California law, both parents have a legal duty to provide financial support for their children.
How Guideline Child Support Is Determined
The Courts use a standard mathematical formula, established by California law. The formula takes into account:
- Monthly income of both parents
- Wages
- Tips
- Commissions
- Bonuses
- Self employment earnings
- Unemployment benefits
- Disability
- Worker’s Compensation
- Interest
- Dividends
- Rental income
- Social security
- Pensions
- Other sources – i.e. lottery / prize winnings
- Support payments (child support or spousal support) received from other relationships
- Visitation
- Number of biological children living in each parent’s home
- Child support or spousal support payments paid to people not related to the current case
- Costs of health insurance
- Mandatory retirement contributions
- Mandatory union dues
- Child care expenses
To make sure the court has all the necessary information, please make sure you bring:
- Tax returns for the past three years – if self employed, bring Schedule ‘C’ plus current profit and loss statement
- Last 3 pay stubs
- Cancelled checks for any child or spousal support for any other relationship
- Proof of payment of health insurance premium
- If self employed, the last twelve months of bank account statements – savings and checking (both personal and business)
- If you own a home, a copy of your most recent mortgage statement and property tax bill
- Name, address, and telephone number of your employer
- Divorce decree or separation agreement, if relevant
- Documentation of visitation / custody with each parent
- Your Social Security Number
- Your current home address and telephone number
- Child care receipts
Why are these papers / documents needed?
To determine the correct amount of support for your child(ren), the Court needs your current financial status. Therefore, please make sure you have all of the above-mentioned papers / documents you feel will be important to your case.
What To Expect In Court
Before your court hearing:
- Park in visitor parking – NOTE: validation is not provided
- Please do not bring small children; if it is necessary, please see the Sheriff’s Special Officer upon entry to the building for child care arrangements
- Do not bring sharp objects – there is a security entrance
- Camera phones are not allowed
- Arrive early – NOTE: if your court hearing is scheduled for 1:30 p.m., arrive no later than 10:30 a.m.
- Check in on the 5th Floor at the table outside of Dept. L-51
- No food, drink, or gum allowed
- Dress nicely:
- DO NOT WEAR:
- Shorts
- Flip flops
- Ripped shirts or pants
- T-shirts
- Baseball hats
- Revealing clothing
- Tank tops
- SUGGESTED DRESS CODE:
- Non-ripped jeans or pants
- Collared shirts – polo shirts, button-up shirts, etc.
- Skirts / dresses of appropriate length
- You will have the opportunity to meet with a Child Support Officer to discuss your case
During the hearing:
- Check in with the bailiff when you first enter the courtroom
- Turn off all electrical devices – i.e. cell phones, pagers, wristwatches with alarms, etc.
- Notify the bailiff if you need an interpreter
- Have all your papers ready for when you are called
- Do not speak while in the courtroom while court is in session
- Do not speak to the Commissioner until s/he addresses you
- If you are appearing telephonically:
- Call from a land line, NOT from a cellular or other mobile phone or device
- Call at the assigned time (review your paperwork for the specific information)
- Do not speak over the Commissioner or other parties
- Have something to take notes with (pen and paper), so you may respond or inquire when the Commissioner provides you the opportunity
Following the hearing:
- You will be mailed a copy of the child support order.
- If you are ordered to pay child support and are not paying by wage assignment, send payments directly to: State Disbursement Unit, P.O. Box 989067, West Sacramento, CA 95798, NOT to the custodial parent.
- Make sure your case number is written on the payment
- Billing statements are mailed out each month
- Please make sure your correct address is on file with DCSS before leaving the courthouse
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