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 Los Angeles Question and Answer Handbook for Noncustodial Parents: A question and answer resource on paternity establishment, child support, and visitation Acknowledgments The Ford Foundation, Charles Stewart Mott Foundation, and Public Welfare Foundation generously provided support for this handbook. All of the ideas, opinions, and legal interpretations presented in this handbook are explicitly those of the Center on Fathers, Families, and Public Policy. It should not be assumed that the foundations providing support for this work share them. The production of this handbook would not be possible without the help of many individuals who took the time to read and comment on earlier drafts of it. Ultimately, any errors in interpretation of the laws of California are solely those of the author. In addition, the Center on Fathers, Families, and Public Policy made the final decision as to whether to include or not include something in this handbook. We would like to thank Chuck Adams of the L.A. Noncustodial Parent to Work Project for his help in organizing a group of fathers to read over and comment on this handbook. Most important we would like to thank a number of fathers that read over this handbook and provided many thoughtful suggestions to improve it. These fathers greatly improved the overall quality of this handbook: Jerry Haro, John Dickens, Don Knypstra, Harold J. Matlock Sr., Jaime Rodriguez, Jermaine Smith, and Mario Naranjo. 
Table of Contents: The Top Ten Things You Should Understand About The Los Angeles Child Support System How Can I Get Free Help With My Child Support Case Questions Surrounding: Paternity Establishment
Child Support
Access & Visitation
Introduction This Question and Answer handbook is based solely on laws of the state of California and is meant solely for non-custodial parents with cases in Los Angeles. It is only accurate for fathers with cases in California. It was produced on March 1, 2001, and does not reflect any changes in California law since that date. This handbook provides only general legal information surrounding the Los Angeles child support system. It is not advice about your particular legal situation. If you can afford it you should consult an attorney for assistance with your particular legal problems. Every day in the United States, thousands of children are born to unmarried parents. Most of these parents like most married parents lovingly welcome their children into their lives. However, the problems and concerns faced by parents who are poor are particularly complicated and sometimes can seem hopeless. This handbook will highlight the legal processes involved in paternity establishment and child support enforcement. You should read this handbook with the understanding that any individual faced with the situations outlined here would benefit greatly from the assistance of a legal professional. Legal Services Most people would, if they could afford it, hire a lawyer to handle matters as complicated and serious as establishing paternity and setting child support orders. However, the reality is that many low-income, unmarried fathers cannot afford such services. The Center on Fathers, Families, and Public Policy developed this handbook as a source of information for low-income fathers and for social service professionals who are trying to help explain the paternity establishment and child support enforcement systems. This handbook does not replace the services of an attorney to help you with your legal problems. The Top Ten Things You Should Understand About The Los Angeles Child Support System
How can I get free help with my child support case? For individuals who cannot afford or do not have an attorney, negotiating the child support system can be difficult. The state of California has created services to help you address the problems faced by many individuals with family law problems. Each county Superior court must have an Office of the Family Law Facilitator to help you with your child support case. The Office of the Family Law Facilitator is separate from the Child Support Services Department (formerly the District Attorney's Bureau of Family Support Operations). The services that the Office of the Family Law Facilitator provides are free. An attorney or paralegal with experience in family law staffs each office. This paralegal or attorney will not represent you but will help you fill out the forms so that you may represent yourself. This paralegal or attorney is located at the various Los Angeles Superior Courthouses. They will provide family law information, referral, and assistance to the public. They provide legal forms and procedural guidance in many family law matters including paternity cases, child support matters, custody and visitation. Paternity Establishment What is meant by the word "paternity"? Paternity means fatherhood. Both legally and biologically, the word paternity designates the identity of the father of a child. Except in rare circumstances, when a mother gives birth to a child she is considered the legal mother of that child. Every child also has a biological father. If you are never married to the mother of the child and your paternity has not been established, most likely California does not give you any rights to or responsibilities for the child as the child's father. How can the paternity of a child be established? In California, there are two primary ways to establish paternity for a child born to a mother who has never been married. Both parents can sign a legal form that establishes the paternity of the child. This form is called a Declaration of Paternity. Another way to establish paternity is through a court proceeding. If you are absolutely sure that you are the father of the child and the mother agrees, you can both sign a Declaration of Paternity form. While the baby is still in the hospital, the mother and the father, if he is present, are offered the opportunity to do this. In addition to the opportunity to acknowledge paternity voluntarily at the hospital, California provides opportunities for acknowledgment at a later date. If you do not live with the child, you still will likely have to do a number of things after signing a Declaration of Paternity form. For instance, you will likely be required to go to court to determine the amount of child support you should pay. In addition, if you wish to have court-ordered visitation with your child you still will need to go through a court proceeding. If a mother or the state claims that you are the father of a child in a court proceeding, you may want to take a genetic test (DNA test) to make sure you are the biological father. Since the 1980s, very accurate genetic tests have been developed. A genetic test is the best way to be absolutely sure that you are the biological father. If you are not sure and want to know, you should insist on a genetic test at the court hearing. Where can I get the form that the mother and I can sign so that I am declared the father of the child? You can obtain the Declaration of Paternity form at the hospital where the mother gives birth to the child. In addition, you can also obtain this Declaration of Paternity form from the office of the Department of Child Support Services (formerly known as the Family Support Division), the office of the local registrar of births and deaths, any California courthouse, and county welfare departments. If the parents do not sign the form in the hospital, both parents may complete it, have it notarized, and mail it to the state Department of Social Services at any time after the child's birth. You will have to pay a fee to the State Office of Vital Records to have your name added to the birth certificate of the child. In addition, you will have to complete a form that is called a V-S 22 as part of the process to amend the child's birth certificate. To receive help in completing a Declaration of Paternity form you may contact your local office of the Family Law Facilitator. The Family Law Facilitator offices throughout California are located in California Superior Courthouses. The Family Law Facilitator offices are not part of the Department of Child Support Services (formerly known as the Family Support Division). What if, after signing the Declaration of Paternity form, I think I am not the father? Even if you sign this form and then become unsure whether you are the father, there are ways for you to cancel this Declaration of Paternity form. However, this is most easily done within 60 days of signing the form. After 60 days pass, the requirements for doing this are extremely difficult. Within 60 days of either you or the mother signing the form, there are specific requirements for you to cancel it. You must not have been a party in a court case concerning the child that related to child support, visitation, or custody. If you are not a party in a court case that related to child support, visitation, or custody, you can sign a second form. This second form is called a Rescission of Paternity form. This Rescission of Paternity form is available at the local family support office or the office of the local registrar of births and deaths. The Rescission of Paternity form must be filed with the state Department of Social Services within 60 days of both parents signing the Declaration of Paternity form. There is also a second possibility. If you are part of a court proceeding related to the child before the 60 days since the signing of the Declaration of Paternity have passed, you cannot sign the Rescission form. But at that court proceeding you may ask the court to cancel the Declaration of Paternity. The court will then decide whether to cancel the Declaration of Paternity. The court will most likely at that point order the mother, you, and the child to have genetic tests (DNA tests) to determine if you are the father of the child. What if 60 days have passed since the mother and I signed the Declaration of Paternity form and I come to realize that I may not be the biological father of the child? If after this 60-day period expires, you no longer believe that you are the child's father, you will have to go to court. There are a limited number of possible reasons that the court will declare you are not the father. For each of these possible reasons there are various time limits. It is best, if you can afford one, to seek the advice of an attorney if you are unsure if you are the biological father in this situation. One of the possible reasons for canceling the Declaration of Paternity form is that you are not the father of the child. However, to claim this reason you must request that the court take a genetic test before the child is two years old. I received a document that claims I am the biological father of the child. Should I just disregard the hearing because I know that I am not the father? No. You should respond by filing an answer denying paternity and requesting genetic (DNA) testing. An answer will likely be attached to the document that claims you are the biological father and it is also available from the Family Law Facilitator office. Perhaps the best way to prove you are not the father is to get a genetic test. If you are summoned for a paternity hearing, there are a few things you should do. First, the most important thing for you to do is file a legal document known as an "Answer" with the court within 30 days. Then you should serve a copy of your Answer on the other party and mail a copy to the Child Support Services Department. You must also show up at the courthouse on the dates you are supposed to. If you do not do either of these, this can result in an order declaring you the father of the child and an order to pay child support. This is called a default order. The Family Law Facilitator can help you complete the paperwork for filing an Answer when someone is trying to establish that you are the legal father of a child. Family Law Facilitators are located throughout California in the state Superior courthouses and their services are free. The Office of the Family Law Facilitator is separate from the Child Support Services Department (formerly the District Attorney Bureau of Family Support Operation). It is important to remember that if you are unable to get help from the Office of Family Law Facilitator within the 30 days you should still follow the procedures outlined above. If I am not the father or am unsure if I am the father, what will happen after I file an Answer to the government's paternity suit? In the Answer that you file, you will be asked whether you are the father. If you have any doubt that you are the father, you should consider filing an Answer that says you are not the father. You will then be scheduled for a genetic test (DNA test). This test is extremely accurate in determining if you are the biological father or not. If the test determines that you are not the father, then the case will be dismissed. If the test finds that you are the likely father, then the court will proceed to make a finding that you are the father and will order that child support be paid. Why would a mother force me to go through the legal process of establishing that I am the father? In cases where the mother receives welfare she must cooperate with the Child Support Services Department to establish paternity of the child. She generally must cooperate in helping the government to establish who is the father of the child, or the government will not allow her to receive her benefits. Also, when you do pay your current child support she will only receive the first $50 of each monthly payment. (The only way she will receive any more child support is if the amount of child support is greater than the amount of government assistance that she receives.) The government will keep the child support as repayment for her welfare assistance. Having a legal determination of who is the father of the child can be beneficial to the parents and the child. For instance, legal paternity establishment is necessary to get court-ordered child support. In addition, you will only be able to ask a court for visitation with your child if paternity has been established. What if I believe that I am a child's father, but the mother denies me access to my child? For you to have court-ordered visitation you must be declared the father of the child. If you have not been declared the father, you can file a request with the court to be declared the father. If you do not have an attorney for this matter, the Family Law Facilitator can help you fill out the necessary paperwork to initiate a suit for paternity. The Family Law Facilitator offices are separate from the Child Support Services Department (formerly the District Attorney's Bureau of Family Support Operations). In Los Angeles the Family Law Facilitators Offices are at each Superior Courthouse. You can also apply for services through the Child Support Services Department. The Child Support Services attorney will not represent the mother or you; he or she represents the interests of the state of California. If you want visitation, you should first try working directly with the mother to come to an agreement that you both agree to. The court is required to consider issues of visitation and custody only if there has been a request for such consideration by one of the parties involved. If you and the mother cannot come to an agreement concerning custody or visitation, you should state this to the court. The court will then refer you to a mediation service to attempt to develop an agreement. It is important that you ask the court to write a visitation order, which clearly states where and when you can see your child. If a court declares me the father of a child, what will result? When paternity is established the court will order the non-custodial parent to pay child support. The court is required to consider issues of visitation and custody only if there has been a request for visitation by one of the parties. If you desire to have visitation or custody it is important that you ask the court to write a visitation order which clearly states where and when you can see your child. It is important that you ask the court to write a visitation order, which clearly states where and when you can see your child. If you want visitation, you should first try working directly with the mother to come to an agreement that you both agree to. If you and the mother cannot come to an agreement concerning custody or visitation, you should state this to the court. The court will then refer you to a mediation service to attempt to develop an agreement. What are some of the legal benefits of establishing paternity for an unwed father? Once paternity has been established, a man becomes the legal father of that child. He has all of the rights and responsibilities of a father who was married to the mother. The child will be eligible for government dependent benefits and inheritance rights from you. In addition, your name can be listed on the birth certificate as the father of the child. There is no guarantee of the right to custody or visitation, but a father has the right to ask for custody and visitation in court. However, the Child Support Services Department cannot help a father obtain visitation or custody with the child. Once you are the legal father, you may go to court to ask for custody of or visitation with the child. If you establish paternity through the court system, you may ask for visitation with or custody of your child. You should ask the court to make an order that specifically says which days and hours you can be with the child. What are some of the legal consequences of establishing paternity for an unwed father in California? If you are declared the legal father of a child and the mother gets physical custody of the child you will have to pay child support. In addition, the court may order you to pay one-half of the uninsured health care costs for the children. A non-custodial parent can also be ordered to pay for half of the childcare costs that result from the custodial parent getting or having a job or going to school. Child Support What happens when the government sues me for child support? When the Child Support Services Department sues you for child support you will receive a legal document called a "Complaint". Attached to the Complaint should be another legal document called an "Answer" for you to respond to the Complaint. You have 30 days from the time you receive the Complaint to file an Answer. There should be instructions on how to properly complete an Answer. You can file an Answer without an attorney. The Family Law Facilitator offices will provide help to individuals without an attorney who need help responding to a lawsuit for child support. The Family Law Facilitator offices are separate from the Child Support Services Department (formerly the District Attorney's Bureau of Family Support Operations). In Los Angles County the Family Law Facilitators are located at each Superior Courthouse. The complaint will also have a suggested amount that you should pay as child support. This suggested amount is based on what the Child Support Services attorney believes your income is. This proposed amount only becomes a child support order if you do not file an Answer and appear in court on the appropriate day. If you file an Answer and appear in court a judge will decide how much you owe based generally on the California child support guidelines and your actual financial situation. How does the court or local child support office decide how much child support I should pay? California has established guidelines to calculate what amount a non-custodial parent should pay for support. The formula takes into account both parents' actual income, the amount of time each parent spends with the child, and the number of children that you have. The court will use a computer program, which contains the formula, to calculate the amount of child support you owe. Can I be ordered to provide health insurance for my child? Yes. Parents must provide health insurance when they do not live together. Either one or both of the child's parents must provide this coverage. However, you will only have to provide it if the insurance for your child is available to you at no cost or a reasonable cost through your employer. It will be up to a court to determine whether the cost of the insurance is reasonable. The court will make this determination based on the evidence you and the other side give to the court. I pay my child support but the mother claims that she never gets any of the money that I send. What is happening? In some cases the mother does not receive all of the child support that you pay. If she receives certain forms of government assistance, the government keeps all but up to $50 of the child support you pay. (The only way she will receive more than $50 of the child support you pay is if the amount of child support is greater than the amount of government assistance that she receives). However, if you do not pay child support there are many penalties that the government can apply against you. How old does my child have to be for me to stop paying child support? You will generally owe child support until your child turns 18. If your child has not completed high school, you will generally owe child support until the child is 19. If your child is disabled and cannot work, you may owe childsupport into the child's adulthood. What if I cannot afford to pay the amount that is determined by the child support guidelines? You may ask that the court give you a child support order that is lower than the "guideline" amount. (The mother or state can also ask that you be given an order that is higher.) To do this you must convince a court that the guideline amount is unjust or inappropriate in your case. However, California courts generally will follow the California child support guidelines in determining the amount of child support that you owe. The court will use a computer program, which contains the formula, to calculate the amount of child support you owe. There are only a few situations where you may be allowed to pay a different amount than the amount of support that you would owe according to the California child support guidelines. For instance, if the mother is not receiving public assistance you may both agree on some amount that is different from the California support guidelines. I do not earn a lot of money. Is there a way for me to not pay so much child support? One way to have your child support order match with your income situation is if you qualify for a low-income adjustment. To qualify for a low-income adjustment you must have a net disposable income of less than $1,000 a month. Figuring out whether you qualify for a low-income adjustment and the amount of that adjustment may require the services of the Family Law Facilitator. Family Law Facilitator offices are located at various Superior courthouses throughout California. The Family Law Facilitator offices are separate from the Child Support Services Department (formerly the District Attorney's Bureau of Family Support Operations). In Los Angeles the Family Law Facilitators are located at each Superior Courthouse. If you qualify for a low-income adjustment, you can ask a court for this adjustment. The court will look at a number of factors to determine whether to actually grant the deduction. If you satisfy the standards for a low-income adjustment, a court is likely to grant it to you when it sets your initial child support amount. If you already are paying child support, you may still be eligible for a low-income adjustment. Again, to qualify for a low-income adjustment you must have a net disposable income of less than $1,000 a month. To get the reduction, you must get a modification of your child support order. What if I do not have a job when the court sets the amount of child support that I owe? One thing a judge may do is to order you to seek work. This will mean that you must attempt to get a job and keep a record of your efforts to get a job until you have a job. Even if you are not working, the court may order you to pay an amount of support consistent with what it believes you could earn. The court is supposed to set an order based on what it believes you could earn, only if three factors are satisfied. First, you must have an ability to work. In determining whether you have an ability to work the court will look at your age, your education, your health, your work experience, and your other job qualifications. Second, the court is supposed to look at your willingness to work. Have you made a good-faith effort to get a job? Finally, the court is supposed to look at whether you have an opportunity to work. Is there an employer that will hire you? If the court looks at those three factors and determines you should be earning money, it will base your child support order on what the court believes you could earn. A court may also require you to attend job training, job placement, or other work programs. What if I lose my job or I am unable to pay child support? If you lose your job or obtain a new job, you should notify the Department of Child Support Services or court immediately. You can ask the court for a reduction of your child support order. To do this you will need to fill out forms that are available from the Family Law Facilitator. The Family Law Facilitator has attorneys or paralegals who have experience in family law matters. The attorneys will not represent you but will explain how to fill out the proper forms so that you can represent yourself. The Family Law Facilitator offices are separate from the Child Support Services Department (formerly the District Attorney's Bureau of Family Support Operations). In Los Angeles the Family Law Facilitators are located in at each Superior Courthouse. At a hearing, the court may modify the amount of child support you pay. Requesting a reduction from the court does not guarantee that the court will provide you with a reduction in your child support order. A court may also order you to seek employment. Why do I owe so much money in child support? There are many reasons that the amount of money you owe can be larger than what you feel you have the ability to pay in child support. First, if you have not asked for a modification of your child support order when things have changed in your life, the amount of child support you are expected to pay may not reflect your ability to pay. Second, the court may order you to pay half of the childcare expenses of your child while the custodial parent is working or going to school. In addition, you may also owe more because you have fallen behind in paying your child support. When you fall behind in your child support you will not only have to pay your current amount of support but an additional amount to begin to cover what you did not pay in the past. You will be charged 10% interest per year on any child support that you did not pay when it was due. You may also be charged for
In addition, your employer may charge you one dollar every time that the employer takes money from your paycheck to provide support. All of these other costs may be added to the amount that you owe each month. When I ask the court to decrease my child support what does the court look at? You should request that a court modify the amount of your support if there has been a significant reduction in your income, increase in the custodial parent's income, or the amount of time that you spend with the child. It is very important to request that a court modify your child support amount as soon as possible. You may also ask the Child Support Services Department for a Review and Adjustment of the amount of your order. If you do not make the request or the court does not grant the request, you will still owe the full amount of support even though your situation has changed. If you cannot afford an attorney for this matter, you may do this without an attorney. California has created forms for parents without attorneys who wish to file a request to modify the amount of the award. The state also provides Family Law Facilitators at Superior courthouses throughout Los Angeles County that can help you to fill out the forms necessary for you to ask the court to decrease the amount of support that you owe. The Office of the Family Law Facilitator is separate from the Child Support Services Department (formerly the District Attorney Bureau of Family Support Operation). Once you have followed the proper procedure, a court will determine whether to modify the amount of child support that you owe. If I ask for support to be decreased, could it be increased instead? Yes. Once you request the court to modify the amount of child support, the court can modify it upward or downward. Is there another way besides appearing before a judge in court for me to decrease the amount of child support that I am paying? Yes. The Child Support Services Department (formerly the District Attorney Bureau of Family Support Operation) may either decrease or increase your child support order, if you meet certain conditions. You may ask the Department of Child Support Services for this help by sending a letter to the Child Support Services Department (formerly the District Attorney's Bureau of Family Support Operations) and requesting a Review and Adjustment. The Child Support Services Department will then file the legal paperwork with the court for a court hearing. After sending the letter, you should be sure that follow-up occurs on your request. Of course, if the Child Support Services Department (formerly the District Attorney's Bureau of Family Support Operations) denies your request or does not respond, you always have the alternative to ask a court for a modification of your child support. To do this you may seek the advice of an attorney or fill out forms that are available from the Family Law Facilitator. If you cannot afford an attorney for this matter, you may do this without an attorney. California has created forms for parents without attorneys who wish to file a request to modify the amount of the award. The state also provides Family Law Facilitators at Superior courthouses throughout Los Angeles County that can help you to fill out the forms necessary for you to ask the court to decrease the amount of support that you owe. The Family Law Facilitator offices are separate from Child Support Services Department (formerly the District Attorney's Bureau of Family Support Operations). Once you have followed the proper procedure, a court will determine whether to modify the amount of child support that you owe. What should I do about my child support order if I am in jail? If you are placed in jail your child support order will continue while you are in jail. You will need to ask the court for a reduction in your child support amount based on what you can earn while in jail or in prison. While this may be difficult, it is extremely important that you try to do this. A court may only reduce the amount of future child support that you owe. So it is very important that you notify the court immediately, provide proof of the reduction in income, and ask that your payments be reduced accordingly. If you do this, there is a chance that the court may reduce the amount of future payments. What are some possible penalties for me if I do not pay my child support? If you do not pay your child support there are a number of penalties the Child Support Services Department can use against you. Some of these penalties include:
You will also be charged 10% interest on any past-due support. Can they put me in jail for not paying child support? Yes. The legal basis for placing you in jail is "contempt of court." Contempt of court is a legal term that means you are not following a court order. You also may be criminally prosecuted and imprisoned for nonpayment. If you can afford it, you have the right to be represented by an attorney at a hearing that decides whether you are purposefully refusing to obey a court order (a contempt proceeding) or at a hearing where you are being criminallyprosecuted for nonpayment of child support. Access & Visitation How can I get custody or visitation with my child? If you are seeking visitation and a specific schedule for the visits, you can first try working directly with the mother to come to a reasonable agreement. You should ask to get an order that specifically says which days and hours youcan be with the child. If you and she come to an agreement, you can then go to court to formalize the arrangement to which you both have already agreed. However, if you and the mother have a hostile or uncomfortable relationship or simply cannot come to an agreement, the agreement will likely have to be arrived at through the courts. You both may need legal representation to insure that the court adequately hears both of your positions. California has created forms for parents without attorneys who wish to file a request to have visitation or custody with their child. These forms may be obtained at your local California Superior courthouse. After you have filed the forms, if you and the mother cannot come to an agreement concerning custody or visitation, you will be referred to a mediation service. At the mediation service you, the mother, and the mediator will attempt to develop a parenting plan that assures the child has contact with both parents that is in the best interest of the child. The mediation sessions are free. If after the mediation you and the mother cannot reach an agreement concerning a parenting plan, visitation, or custody, the mediator may inform the court of this and the unresolved matters may be set for a hearing before the court. The mediator will advise the court about what he or she thinks is in the best interest of the child. Because the judge often follows the recommendation of the mediator, the mediation is the most important part of the custody proceeding. The custodial parent does not allow me to see my kids. Why do I have to pay support? Child support and visitation are two separate issues. You must pay your child support according to the court order regardless of whether you see your child. The only exception to this rule is in an extremely rare set of circumstances. If you do not have visitation with your child and you have been declared the legal father of the child, you can attempt to get a court order for visitation. If there is a visitation schedule and the child's mother refuses to follow it, you can petition for mediation of the issue. The mediation of the dispute shall be set for not more than 60 days after you file the petition. If you do not have an attorney for this matter, the Family Law Facilitator can help you to fill out the necessary paperwork to initiate a suit for you to have visitation. The Office of the Family Law Facilitator is separate from the Child Support Services Department (formerly the District Attorney Bureau of Family Support Operation) or child support enforcement. This may be a very difficult and sometimes frustrating process, but it is possible that it can help you get consistent visitation with your child. How does not paying my child support impact my right to see my child? Your not paying child support should not affect your ability to see your child. When faced with the question of whether or not to allow you to see your child, a court should only be concerned with the best interest of the child. Of course, there are many penalties that may be applied to you for not paying child support. Some of these penalties include
You will also be charged 10% interest on any past-due support. |
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