Program Descriptions

• Introduction
  
• Child Support Program Policy and Standards of Practice
  
• Child Support Program Services
  
• Child Support Program Research
  
• Child Support Program Training

Introduction

Assembly Bill 1058 (Stats. 1996, ch. 957), signed by the Governor in September 1996, established the child support commissioner and family law facilitator systems in California. These systems provide an expedited process in the courts that is both accessible and cost-effective to families involved in child support cases. Each county is required to have a child support commissioner to hear support-related matters where a local governmental child support agency is providing services. This program is funded through a cooperative agreement between the California Department of Child Support Services (DCSS) and the Judicial Council. The council, in turn, funds the local court programs through a standard agreement between the council and the local court. Child support commissioners specialize in hearing IV-D cases, which are child support cases brought by the local child support agency. These cases are referred to as "IV-D cases" because Title IV-D of the Social Security Act (42 U.S.C. § 601 et seq.) requires each state to establish and enforce support orders when public assistance has been expended on behalf of a child. Title IV-D also requires the state to establish and enforce support orders when requested to do so by a parent who is not receiving public assistance.

AB 1058 also provides funds for and requires each superior court to establish and maintain an Office of the Family Law Facilitator to provide education, information, and assistance to parents who have child support issues. The basic duties of the family law facilitator are to

• Make available educational materials;
• Distribute court forms;
• Give assistance in completing forms;
• Prepare child support guideline calculations; and
• Provide referrals to the local child support agency, family court services, and other community agencies.
  

Each superior court has a family law facilitator's office. Frequently, these offices are located in or very near the superior court departments that handle family law and IV-D cases. Some larger counties also staff offices at the branch courts to improve access. By law, the facilitators cannot represent parents, but they can help with filling out court forms and offer information to parents on support issues. Facilitators are a valuable resource to demystify courtroom procedures and even help humanize the court system. Some offices see people individually; others provide services to groups of parents in a workshop setting and others provide a combination of both individual and group services.

The commissioners and facilitators have made a significant impact in increasing parents' access to the courts and allowing child support cases to be heard in a timely manner. Indeed, family law facilitators offices throughout California report more than 200,000 visits each year from those seeking help with child support and related issues.

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Child Support Program Policy and Standards of Practice

The Judicial Council has adopted a number of rules to implement the child support commissioner and family law facilitator program, including a definition of exceptional circumstances when a judge can hear IV-D cases, as well as training requirements for child support commissioners, family law facilitators, and, most recently, court clerks.

The council has also adopted, approved, or amended many forms as needed to implement the intent of the legislation. Some of the more significant of these forms are a combined simplified summons and complaint, answer, and proposed judgment. Other forms include those to join the parent who is not a defendant in the action, to assist in processing interstate cases, and to determine support arrearages. In addition, many forms include instruction sheets to assist persons filling them out, especially parents who do not have attorneys.

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Child Support Program Services

Child support staff at the Center for Families, Children & the Courts (CFCC) provide ongoing assistance to the courts in administering the child support commissioner and family law facilitator program. Such aid includes budgeting, handling reimbursement claims, allocating funds for commissioners and facilitators, providing technical assistance, and performing other duties as needed.

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Child Support Program Research

CFCC has conducted several studies on child support. Every four years, the Judicial Council is required to review the statewide uniform child support guideline, which was passed by the Legislature for use in all child support cases. The last two reviews conducted by CFCC are available online. In addition, the 1998 and 1993 studies which were conducted prior to the creation of CFCC are also available online in electronic format.

2005 (pdf)
2001 (pdf)
1998 (pdf)
1993 (pdf)

CFCC also completed a study entitled California's Child Support Commissioner System: An Evaluation of the First Two Years of the Program. This study was completed and sent to the Legislature in May 2000. It evaluated the child support commissioner system, including commissioners and family law facilitators, and determined that both programs are meeting the objectives of the legislation. This study is available in PDF format.

Child Support Program Training

Child support staff at CFCC are actively engaged in training efforts to assist courts in administering and improving the child support commissioner and family law facilitator program. The following are examples of the available training opportunities.

Annual Statewide Training: Since the program's inception, CFCC child support staff have hosted an annual training in the fall for all child support commissioners, family law facilitators, court administrators, accounting staff, and court clerks throughout California. Presenters are experts in federal and state child support law, such as judges, commissioners, or other court staff; private attorneys; DCSS executive management, program managers and program staff; experts in other related fields; and staff from the Administrative Office of the Courts. Topics of the training have included various substantive areas of child support law; Title IV-D of the Social Security Act, which governs child support enforcement; updates on developments in federal and state child support policy and procedures; strategies for interacting successfully with litigants who face substance abuse, literacy, or language problems; effective case-processing practices; and meeting various accounting and reporting requirements. Click here for information on the Eleventh Annual 1058-Child Support Training Conference.

Family Law Facilitator Midyear Training: Each spring CFCC child support staff sponsor a midyear child support training designed especially for family law facilitators from around the state. This training focuses on child support policy and procedure updates, subject matter training, and a discussion roundtable to share effective practices and issues of current interest.

Child Support Commissioner Roundtable in Conjunction With the CJER Family Law Institute: Each spring the Judicial Council, through the Center for Judicial Education and Research (CJER), organizes a family law institute to train family law judges and commissioners. Beginning in March 1998, the institute has included a segment coordinated by CFCC child support staff especially for child support commissioners. The educational opportunities provided for the commissioners include training sessions, as well as child support related roundtable forums. Participants have commented that the information provided and the face-to-face interaction with colleagues have been invaluable.

DCSS Guideline Child Support Calculator Regional Trainings: Regional trainings on the Department of Child Support Services (DCSS)’ California Guideline Child Support Calculator will be offered on April 4, 14, 15, 18 and 21. The trainings are part of California’s implementation plan to comply with the federal requirement that by May 9, 2008 all child support commissioners use the guideline calculator in Title IV-D child support cases. In order to ensure that all commissioners can be provided training prior to that implementation date, a training specifically designed for commissioners' use of the calculator is currently being developed with input by child support commissioners. The training will be delivered on a regional basis by child support commissioners and will focus on providing hands on experience with the calculator. The AOC has worked closely with DCSS to provide input from child support commissioners and other judicial branch personnel regarding possible modifications to the guideline calculator. Contact: Irene Balajadia, AOC Center for Families, Children & the Courts, 415-865-8833.

Child Support Guideline Calculator Regional Trainings Logistics (DOC, 32 KB)
Federal Response to Limited Exception (PDF, 81 KB)
DCSS Cover Letter for Business Needs Matrix (PDF, 454 KB)
Guideline Calculator Business Needs Matrix (PDF, 92 KB)
Resource Guide for Child Support Professionals

Other Training and Education: CFCC child support staff provide numerous other training and educational opportunities throughout the year. For example, they have conducted regionalized training, in conjunction with the California Court Clerk Association, for court clerks who work with Title IV-D matters; offered training opportunities in substantive law and procedure for family law facilitators in conjunction with the DCSS/California Child Support Directors Advanced Attorney Trainings; and provided distance training opportunities to local court program staff through the National Child Support Enforcement Association's Child Support Tele-Talks and various DCSS video broadcasts.