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You are here: Families & Children > Child, Spousal, & Partner Support > Questions & Answers About Local Child Support Agency (formerly the District Attorney) Cases
Click on a question below:
What do I do when the local child support agency gives me some papers?
What paper do I file if the local child support agency or a process server mails or hands me a complaint or a petition?
What paper do I file if the local child support agency mails or hands me a notice of motion or an order to show cause with a hearing date?
I was never served with any papers. Now the local child support agency says that I owe a lot of back child support. What can I do?
I was served with papers by the local child support agency a long time ago, but I ignored them because I was in prison. Now that I am out, I owe a lot of money. What can I do?
It is taking a long time for the local child support agency to act on my request to get or change child support. What can I do?
I owe a lot of back support. The local child support agency had my driver's license suspended. I can't pay the money they want to give me back my license. If I lose my license, I will lose my job. What can I do?
I did not file an Answer to Complaint or Supplemental Complaint Regarding Parental Obligations. Now the local child support agency takes half of my paycheck for child support. The support is too high. Can I get it lowered?
I thought I had paid off the back child support I owed. But I got a bill for interest. Why do I have to pay interest now?
What can I do to avoid interest charges?
Where can I find more information about child support on the Internet?
Where can I find my local child support agency? 
What do I do when the local child support agency gives me some papers?
Read every paper carefully as soon as you get it. Do NOT ignore the papers because you don't understand them. Take them to a family law facilitator or a lawyer as soon as possible to make sure that you know how to answer. Click here for help finding a lawyer.
| ALERT! You only have a short time to respond officially to most papers you are given. If you don't respond officially, the court is likely to make orders about you without considering anything you have to say. This can be expensive and extremely difficult to change in the future! Do NOT ignore papers you receive! |
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What paper do I file when the local child support agency or a process server hands me a complaint or a petition?
File the answer to the complaint or petition at the court clerk's office no later than 30 days after you get the papers. If you don't, a default and judgment will be made against you without considering anything you have to say. When you file your papers, you must pay the filing fee or get a fee waiver from the court. Click here for more information about fees and fee waivers.
| Alert! Sending your answer to the local child support agency without filing the original with the court clerk will not protect you. |
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What paper do I file if the local child support agency mails or hands me a notice of motion or an order to show cause with a hearing date?
You must file an answer (called a "responsive declaration") with the court clerk's office at least 10 days before the hearing. If you don't, the court can grant what the papers asked for.
You must have the local child support agency served with a copy of your answer by mail within 15 days or in person within 10 days. Have the person who serves your answer mail or take the answer to the address in the top left of the notice of motion or order to show cause.
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I was never served with any papers. Now the local child support agency says that I owe a lot of back child support. What can I do?
If you were never served with any papers, you may be able to have the default and judgment canceled (or "set aside"). But you must act as soon as you find out that there was a default or judgment for support. If you don't act as soon as you find out about the default or judgment for support, the court may refuse to set the judgment aside.
This is a complicated problem. Contact a family law facilitator or lawyer for help as soon as possible. Click here for help finding a lawyer.
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I was served with papers by the local child support agency a long time ago, but I ignored them because I was in prison. Now that I am out, I owe a lot of money. What can I do?
You may not be able to cancel (or "set aside") a judgment if you were served correctly. There may be some exceptions, but it is a complicated problem. Contact a family law facilitator or a lawyer for help as soon as possible. Remember: you must act as soon as you find out about the default or judgment! Click here for help finding a lawyer.
Getting a court to set aside a judgment is difficult, particularly if the judgment is over 6 months old. If you can't get the judgment set aside, there are other things you may be able to do. You can file a motion to change the support based on how much money you make. You can also ask the court to set a monthly payment so you can repay what you owe for past support in installments. This is called "arrearage" (back support).
| Alert! The child support order will stay in effect even if you have no income or less income unless you ask the court to change the court order. The court will only change a child support amount for future payments, starting from the day you file papers asking for the change. The court will not be able to lower past child support amounts. Any arrearage (back support) will include interest, which is currently 10% per year. This can add up to a lot of money. |
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It is taking a long time for the local child support agency to act on my request to get or change child support. What can I do?
The local child support agency has a lot of cases. They try to process their cases in a way that is fair to everyone. You can speed up your case by filing your own motion to change support. The local child support agency will still be involved in your case.
You must have a case open in which to file a motion for child support. If you do not have such a case, you will have to start one.
To get a child support order or to change the amount of a child support order:
- File papers with the court clerk,
- Serve a copy of your papers on the local child support agency, and
- Serve the other parent.
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I owe a lot of back support. The local child support agency had my driver's license suspended. I can't pay the money they want to give me back my license. If I lose my license, I will lose my job. What can I do?
You can file form FL-670, Notice of Motion for Judicial Review of License Denial. This form asks the court to consider giving you back your license. The family law facilitator can help you fill out the form, but you have to file it with the court clerk. The court will make the final decision, not the local child support agency.
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I did not file an Answer to Complaint or Supplemental Complaint Regarding Parental Obligations. Now the local child support agency takes half of my paycheck for child support. The support is too high. Can I get it lowered?
If your judgment for child support was based on a "presumed income," you have no more than 1 year from the date of the first collection of money by the local child support agency to file a Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income (form FL-640).
| WARNING: Do not wait to file your motion. Your deadline for filing may be less than 1 year if there are other legal grounds. See a lawyer for help. Click here for help finding a lawyer. |
The court may, where appropriate, set aside the original support order and recalculate the guideline amount based on your actual income, or possibly your income earning ability, for the period of time for which a support judgment was entered.
You can't use form FL-640 to say that you are not the child's parent. If you want to say you are not the child's parent, contact a family law facilitator or a lawyer as soon as can. Click here for help finding a lawyer.
If your child support order is NOT based on presumed income, contact the family law facilitator to see if there may be any other way to file a motion to cancel (set aside) the judgment. There are some reasons that the court may accept to set aside a judgment, but setting aside judgments is very difficult.
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I thought I had paid off the back child support I owed. But I got a bill for interest. Why do I have to pay interest now?
Since July 1, 1992, all local child support agencies must charge interest on all past-due child support. The money that you pay will be applied to current child support first and past child support next. Interest is usually the last charge to be calculated by the agency.
Interest is:
- 10% per year for child support that was due on or after January 1, 1983.
- 7% per year for child support that was due before January 1, 1983.
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What can I do to avoid interest charges?
You can file a motion to determine whether or not you should be charged interest. You may need to ask for an accounting to determine the correct amount that you owe compared to records of your payments. The court will consider the facts of your case and the law that applies. This is a complicated problem. Contact a family law facilitator or lawyer for help as soon as possible. Click here for help finding a lawyer.
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Where can I find more information about child support on the Internet?
The California Department of Child Support Services Child Support Handbook (PDF) has information on many topics, including:
- How to find a parent;
- How to establish parentage;
- How to get, change, and enforce a child support order;
- How to get and enforce a medical support order; and
- How to collect child support payments.
Click here for more child support links.
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Last modified: 03/17/2008
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