2015 Child Support Legislation

DCSS has issued information about new child support legislation. Two of these bills are noteworthy. AB 610 authorizes administrative suspension of child support orders due against incarcerated or other involuntarily institutionalized obligors and adjustment of arrears to zero for these obligors if there is no objection from either parent. If there is an objection, the issue is heard in court. This bill is effective October 9, 2016

SB 646 adopts the Uniform Interstate Family Support Act of 2008 (UIFSA) as California law effective January 1, 2016. This is required by federal law. SB 646 also adopts the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance as California law. The Hague Convention establishes uniform procedures for processing international child support cases. CSSIN 15-01 (12/22/15).

Requests for child support accountings

The California Department of Child Support Services has released a reminder that local child support agencies (LCSAs) must provide accountings in child support cases on request. The LCSA must provide an audit of arrears within 30 days of a request by either a custodial or non-custodial party. If the LCSA cannot complete a review of arrears within 30 days, the LCSA should send a letter to the requestor informing of the delay and an estimate date for completion of the audit of arrears.

The LCSA must also provide a payment history to non-custodial parents on request.

A custodial or non-custodial party can file a request for complaint resolution for failure of a LCSA to provide a financial audit on request.  CSS Letter 15-12 (12/3/15).

New child support online application

The California Department of Child Support Services (DCSS) is releasing a new on-line application that is scheduled for implementation in December, 2015. The application, called Virtual Interactive Online Application for Child Support Services (VIOLA), will be the single application process available on DCSS’ website.

VIOLA will be free to use, interfaces with the state child support computer system, can automatically create a new case and allows uploading of up to 30 documents.  LCSA Letter 15-15 (11/23/15).

ACL 11-82: CalWORKs) Program: Online Access To State Paternity Opportunity Program (POP) Data (12/28/11)

The Department of Child Support Services told DSS that information in the POP database is considered verification that legal paternity has been established for that child. DSS wisely concluded that referrals to the Local Child Support Agency for “paternity establishment only,” are not necessary once verification of the filed declaration has been received by the CWD.  The rest of the letter describes who can and how to access the POP database.  [Download]