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Establishing An Order FAQ

If you do not receive public assistance, you and the other parent may work together with the RCDCSS, a lawyer or on your own to work out an agreement. If the child (ren) receives public assistance or foster-care payments, the RCDCSS will participate in and sign any agreement and will not agree to a support order for less than the amount of support determined under the statewide guidelines.

That depends on the terms of your agreement. The court will look at each parent’s ability to pay, the needs of the child (ren) and the amount of time both parents have custody or visitation of the child (ren). See Calculating Child Support, for more information.

Yes. Health insurance must now be included in any child support order. Even if it is not available immediately, the court order will order the noncustodial parent to provide insurance when it does become available. This applies to all cases.

Unless he/she has assets, like property or income from an outside source or from a work release program, it is unlikely that support can be collected until he/she gets out of jail and receives income or acquires property.

You may call our office or Family Law Facilitator to discuss the case. You may also respond to the Summons and Complaint by completing the Answer and filing it with the Superior Court clerk within 30 days. A blank Answer is supplied with the Summons and Complaint.

The Proposed Judgment served with the Summons and Complaint will be the order of the court if the noncustodial parent does not respond.

Yes. If you respond to the Summons and Complaint and contest the amount of child support or paternity, you will be given a court date.

The amount of child support is based on the income of both parents and the amount of time each parent cares for the child. The court uses child support guidelines provided by the California Family Code.

The amount of child support is based on the income of both parents and the amount of time each parent cares for the child. The court uses child support guidelines provided by the California Family Code.

Prior to 1997, it was the state’s policy not to allow fathers to sign paternity declarations prior to the child’s birth because we did not believe there was sufficient authority in the law to warrant such an allowance. However, effective January 1, 1997, there were some significant changes in the California Family Code and Health and Safety Code, which supported allowing fathers to sign paternity declarations prior to a child’s birth. First, Health and Safety Code Section 10425 was amended to require a father not married to the child’s mother to sign a paternity declaration or adjudicate paternity in court in order to have his name included as the father on the child’s birth certificate. California Family Code 7570(e), allowing prenatal clinics to offer prospective parents the opportunity to sign voluntary acknowledgements of paternity was enacted by the legislature. Finally, California Family Code Section 7573, which states completed and signed voluntary paternity declarations filed with the state, shall have the same force and effect as a judgment of paternity, and was enacted by the legislature.

We believe it was the legislature’s intent in enacting the laws described above to allow unmarried parents to complete paternity declarations prior to the child’s birth. We believe this policy affords a father who is unable to be present at the time of his child’s birth, the same opportunity to declare paternity and get his name on his child’s birth certificate as a father who is present at his child’s birth. In applying this policy, we recommend it only be used when the father will be unable to be present at the time of the child’s birth.

Furthermore, although the mother should enter her identifying information at the time the father signs it, we strongly recommend mothers not to sign the form until the child has been born. In such cases, all fields on the form, except the child’s name and date of birth, should be completed at the time it is signed by the father.

Yes. You can avoid going to court by signing a Legal Agreement (stipulation). The noncustodial parent and our office can agree (stipulate) on the amount of child support if the custodial parent is receiving public assistance. If neither parent is receiving public assistance, then both parents may sign a legal agreement that establishes paternity and makes a formal arrangement to make child support payments.

The stipulation contains the agreement that the noncustodial parent is: 1) The parent of child, 2) Willing to pay child support, 3) Willing to provide health insurance for the child if it is available through the parent's employer, and 4) Willing to allow the court to enter an order without appearing in court.

Modify Your Child Support Order

Virtual Workshop

RivCoDCSS is hosting a FREE Virtual Workshop. Join us live, October 22, 2020, at 10 AM! We will provide up-to-date information regarding child support services and programs impacted by COVID-19. Our topic for this week will focus on how to modify your child support order and the steps needed to request a modification. The virtual workshop will go live on our Facebook page. (https://www.facebook.com/RCDCSS/)

10/22/2020 10:00 AM - 11:00 AM/Author: Marquese Howard/Number of views (140)/Comments (0)/ Article rating: No rating
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COVID-19: Electronic Service of Documents

COVID-19: Electronic Service of Documents (California Rules of Court Update)

Effective April 17, 2020, additional temporary rules have been added to the California Rules of Court in response to COVID-19. To sustain essential court services in California state court and to promote social distancing, the Judicial Council announced the adoption of an initial set of Emergency Rules to the California Rules of Court, which went into effect earlier this month on April 6, 2020.

All documents served on either party can be submitted electronically by sending an email to: ServicePortal@RivCo.org

Monday, April 20, 2020/Author: Marquese Howard/Number of views (106)/Comments (0)/ Article rating: No rating
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