How do i file a complaint against child support
Customer Relations | CA Child Support Services
Take our Customer Service Survey
California Child Support Services continuously strives to ensure that participants receive the highest level of service from the local child support agencies and through the California State Disbursement Unit (SDU). If you have an open child support case, you have rights regarding the services you receive.
Please note, if you are not satisfied with the service that you are receiving, the first of point of contact should be the Ombudsperson for the local agency that you are not satisfied with.
If you are still not satisfied with the service that you’re receiving after speaking with the Ombudsperson, you have the right to file a complaint through the Complaint Resolution Program. Either the person paying child support or the person receiving support can file a complaint.
Choose from the Customer Relations categories below to learn more:
- Ombudsperson
- Complaint Deadlines
- About State Hearings
- State Hearing Deadlines
- Forms & Publications
Ombudsperson
If you need help with a problem, ask to speak with the “Ombudsperson” – it is his or her job to:
- Help you get child support services.
- Explain your rights and responsibilities.
- Help you resolve problems with your case.
- Explain the complaint process before, during, and after a complaint is filed.
- Help you request a state hearing if you are not satisfied with the results of the complaint resolution process.
- Forms are available at each agency, or you can download one below.
To reach your Ombudsperson, contact the agency handling your case. To contact your agency, connect to your county’s website here.
Please Note
Your local child support agency can resolve complaints about:
- Customer service
- Timeliness of service
- Payment and billing problems
- Decisions to close a child support case
Your local agency cannot resolve complaints regarding actions taken by the court. These would be things like:
- The amount of a child support order
- Custody
- Visitation
- Spousal support orders
Only the court can resolve these matters. See your county Family Law Facilitator for help with these topics.
Local Agency Deadline for Complaints
• You must file your complaint within 90 days of the date you knew, or should have known, about the subject of your complaint.
• The local child support agency is required to respond to every complaint – in writing – within 30 days.
• If a complaint cannot be resolved within 30 days, your agency may extend the time for resolving a complaint up to a maximum of 30 additional days. If the period for resolving a complaint is extended for any reason, the agency will mail a notice stating the reason for the extension.
• If your local child support agency does not respond to your complaint in writing, you must request a State Hearing within 90 days from the date of your first written complaint.
State Hearing
Forms to request a state hearing are available below or you can get them from your local child support agency.
Instructions for requesting a state hearing are included on all complaint resolution forms, and your agency Ombudsperson will help you complete the forms correctly. If you get a state hearing, you will be notified of the date, time and place of the hearing. If you are unable to attend, ask for a new hearing date or for the hearing to be held by phone.
Only the following issues will qualify for a state hearing, according to California Family Code section 17801(a):
- Denial of child support services
- Child support services required by federal or state law, regulation or department letter have not been provided within a reasonable time, or in the manner required by law
- Incorrect or missing support payments
- Incorrect calculation of the amount of arrears owed
- Decisions to close a case
State Hearing Deadlines
• You must file your complaint within 90 days of the date you knew, or should have known, about the subject of your complaint.
• You must request a state hearing within 90 days of the date of the written decision of the local child support agency on your complaint.
• If the local child support agency does not respond to your complaint in writing, you must request a state hearing within 90 days from the date of your complaint.
Customer Relations – Child Support Services
It is our goal to provide timely and effective customer service to the parents and caretakers we serve. We recognize that our work often requires us to deal with personal and private aspects of your life and interact with you in times of crisis and stress. We make every effort to treat you with the respect and dignity you deserve.
We continue to strive to give you options in how you choose to get information, address your concerns and access our services.
Case Management
In 2009 we changed the way we manage our caseload. Everyone who has a case with our office is assigned a caseworker. That caseworker will manage your case from start to finish. It is our hope that the continuity this structure provides will make you feel more comfortable with the process and result in improved customer service.
Customer Connect (Case Information System)
Customer Connect is California’s self-service child support case information system designed with you in mind. Using this website you can:
- View payment information
- Review case information
- Verify court dates and appointments
- Update your account information
- Reset or change your Personal Identification Number (PIN)
- Enroll to receive eDocuments
You can also send us an e-mail using the “Contact Us” feature. We will make every effort to reply to your e-mail within three (3) working days.
You will have to log back on to the website to review our response.
Visit Customer Connect
Ombudsperson Division Program
The goal of the Ombudsperson Program is to make the system work for our customers. Our Ombudsperson Division assists parents, employers, agencies, and the general public by:
- Responding to questions, requests and complaints
- Forwarding requests and information to our area offices for follow-up
- Helping Person Receiving Support (PRS) and Person Paying Support (PPS) through the complaint resolution and the state hearing processes
- Providing referrals to other agencies such as the Department of Public Social Services, the Department of Children and Family Services, and the District Attorney’s Office
- Providing informational material about child support rights and responsibilities
The Ombudsperson Division cannot:
-
Represent you at a state hearing
-
Provide legal advice
You may contact our Ombudsperson Division at
(323) 869-5099. Additional information about the Ombudsperson Program in California can be found at:Ombudsperson Program
Complaint Resolution
Customers (Persons Receiving Support and Persons Paying Support and their authorized representatives) may file formal complaints with the local child support agency (LCSA) about actions taken or not taken on their cases. This process is called the “Complaint Resolution” process.
Los Angeles County Child Support Services Department
State Hearing/Complaint Unit
P.O. Box 911099
Commerce, CA 90091
-
Your complaint should be filed within 90 days of when you learned of the action or inaction you are complaining about.
-
The complaint may be about actions taken or not taken by the Child Support Services Department (CSSD). Some examples of issues that may be the subject of a complaint are: opening or not opening a case; closing or not closing a case; collecting or not collecting child support; and disputes over the amount of child support arrears owed.
-
The complaint may not be about issues that are outside of our control or beyond the scope of our duties. For example, you cannot file a complaint about court decisions or issues surrounding custody and visitation. If you are uncertain whether your complaint qualifies for “Complaint Resolution,” contact the Ombudsperson Division at (323) 869-5099. If your complaint does not qualify for “Complaint Resolution,” an Ombudsperson may be able to resolve your issue in another way.
-
Once you file your complaint, we have 30 days to resolve the problem and send you a written response.
Additional information about the Complaint Resolution Process can be found at:
Customer Service Download Request For Complaint Resolution Form
How to write a complaint against a bailiff for alimony
1. A complaint against a decision of a bailiff or a deputy senior bailiff, with the exception of a decision approved by a senior bailiff, against their actions (inaction) is filed with a senior bailiff, who is subordinate to the bailiff or deputy senior bailiff.
(Part 1 as amended by Federal Law No. 225-FZ of July 18, 2011)
(see text in previous revision
)
2. Complaint against the decision of the bailiff-performer, approved by the senior bailiff, the decision of the senior bailiff, deputy chief bailiff of the subject (chief bailiff of the subjects) of the Russian Federation, their actions (inaction) is filed with the chief bailiff of the subject (chief bailiff subjects) of the Russian Federation, under whose jurisdiction they are located. nine0003
(Part 2 as amended by Federal Law No. 425-FZ dated December 30, 2015)
(see text in previous revision
)
2.1. A complaint against the decision of the bailiff-executor of the division of the Federal Bailiff Service, approved by the senior bailiff, the decision of the senior bailiff of the specified unit, on their actions (inaction) is submitted to the deputy chief bailiff of the Russian Federation.
(Part 2.1 was introduced by the Federal Law of December 3, 2011 N 389-FZ)
3. A complaint against the decision of the chief bailiff of the subject (chief bailiff of the subjects) of the Russian Federation or the deputy chief bailiff of the Russian Federation, their actions (inaction) is filed with the chief bailiff of the Russian Federation.
(as amended by the Federal Laws of 18.07.2011N 225-FZ, of 30.12.2015N 425-FZ)
(see text in previous revision
)
4. A complaint against a decision of an official of the bailiff service, his actions (inaction) can be filed both directly with a higher official of the bailiff service, and through an official of the bailiff service, the decision, actions (inaction) of which are being appealed. nine0003
5. Officials of the bailiff service, decisions, actions (inaction) of which are being appealed, send a complaint to a higher official of the bailiff service within three days from the date of its receipt.
6. In cases where an official of the bailiff service who has received a complaint against a decision, action (inaction) is not authorized to consider it, the specified official is obliged to send a complaint within three days to an official of the bailiff service authorized to consider it, notifying of this in writing by the complainant. nine0003
7. A person who has filed a complaint may withdraw it before a decision is made on it.
Send a complaint to the bailiffs at the place of enforcement proceedings. If the case is opened at the place of residence of the husband, then it should be filed there.
Article 128. The procedure for challenging the decisions of officials of the bailiff service, their actions (inaction)
1. Decisions of an official of the bailiff service, his actions (inaction) on the execution of a writ of execution may be challenged in an arbitration court or a court of general jurisdiction in the manner established by the procedural legislation of the Russian Federation, taking into account the specifics established by this Federal Law. nine0003
(as amended by Federal Law No. 425-FZ of December 30, 2015)
(see text in previous revision
)
2. An application to challenge the decision of an official of the bailiff service, his actions (inaction) is filed with the arbitration court in the following cases:
1) enforcement of an enforcement document issued by an arbitration court;
2) fulfillment of the requirements contained in the executive documents specified in clauses 5 and 6 of part 1 of Article 12 of this Federal Law in relation to an organization or citizen engaged in entrepreneurial activities without forming a legal entity; nine0003
3) execution of a decision of a bailiff issued in accordance with paragraph 6 of Article 30 of this Federal Law, if the debtor is an organization or a citizen engaged in entrepreneurial activity without forming a legal entity, and enforcement proceedings have been initiated in connection with its entrepreneurial activity;
4) in other cases established by the arbitration procedural legislation of the Russian Federation.
nine0002 3. In cases not specified in paragraph 2 of this article, the application is filed with a court of general jurisdiction. 4. Consideration of the application by the court is carried out within ten days according to the rules established by the procedural legislation
of the Russian Federation, taking into account the specifics established by this Federal Law.
Complaint about the inaction of the bailiffs - sample
The main task of the bailiff service is to correctly comply with the decisions made by the court. Therefore, a complaint about the inaction of bailiffs is a completely natural move. Service employees must fulfill their duties (if someone does not pay alimony, etc.). When it comes to the fact that the bailiff demonstrates inaction in matters of the return of alimony, this must be properly responded to. The main thing is to do everything in time so that the state authorities can receive a complaint about the inaction of the bailiff service and properly respond to it. nine0003
When is it appropriate to write a complaint about the inaction of the bailiff service
Complaint about the inaction of the bailiff for alimony must be justified. A person must prove that the perpetrator is inactive in his case. The law specifies what powers a bailiff has, according to what requirements a bailiff can hold a position, what rights and obligations an official has, and also what legal and social guarantees a bailiff receives. nine0003
Federal Law No. 229 specifies in more detail how a court decision on the inaction of a specialist when returning alimony and more should be implemented. It also talks about the terms according to which the decision should come into force after the alimony has stopped being paid, what features there are in the conduct of enforcement proceedings. A lot of information is presented about what rights and obligations each participant in the procedure has when receiving money for overdue alimony.
The law also contains information regarding what actions can be used to collect alimony without going beyond the law, how enforcement proceedings are financed and whether it is possible to appeal alimony decision, and how to do it.
According to these provisions, there will be grounds to file a complaint about alimony if a representative of the bailiff service violates his duties, including their failure to fulfill them. For example, when the debtor should have paid alimony a long time ago, but did not. nine0003
Where to send the sample complaint against the bailiff
In order for a complaint to the bailiff service to be accepted and considered, it is required to send it to the correct place. You can influence the inaction of the executive person if you send a complaint to a higher person who controls the work of the bailiff who ignores his duties.
If this does not help or the matter is ignored, you can contact the state authorities. They will have a beneficial effect on the procedure, and the bailiff will be held accountable. This can be done by the Office of the Federal Bailiff Service of the Russian Federation, the court (but only the one located in the place where the performer operates), the prosecutor's office (the prosecutor's office should be contacted if the actions of the bailiff can be interpreted as a crime) and the presidential administration. nine0003
Appeal should be carried out in ascending order, starting with the main department of bailiffs and ending with the presidential administration. But one should also focus on the peculiarity of the inaction of the bailiff. If it is of a criminal nature, you should contact the prosecutor's office, and not wait for the weather from the sea.
How to write a complaint
In order for the executor of the judgment to fulfill his duties, it is necessary to draw up a complaint if he does not. The complaint is drawn up according to the classical algorithm and on a special form. To obtain a form, you need to contact the FSSP or the court. The main thing is that the court should be exactly where it is planned to file this complaint in the future. nine0003
The document must be in writing and contain all the necessary information:
- the name of the government agency where the complaint is filed;
- personal information from the applicant;
- the address of the person making the complaint;
- information about the performer who did not cope with his duties or did not fulfill his official rights;
- details of the document for appeal; nine0111 justification for writing a complaint;
- what requirements the applicant wants to issue;
- list of documents attached to the complaint;
- date and signature.
But a complainant filing a complaint against the bailiff service is not required to independently collect supporting documentation. After accepting the complaint, the organization itself can request the necessary confirmation.
Complaint templates
A complaint about the inaction of bailiffs must be submitted in writing. nine0080 The document must not only be correctly drawn up, but also signed by the person who submits it. If for some reason he cannot do this, the representative can sign, as well as submit the document to the relevant authorities. But if a complaint about the inaction of the bailiff is filed by an authorized person, a power of attorney must be submitted to the general list of documents.
A sample complaint about the inaction of bailiffs must include several types of information. Information about the bailiff against whom the complaint is being filed. His position, full name, resolution, what actions were taken by the official or what he should have done, but did not. Next comes the block with information about the applicant. His full name or the name of the organization, if a legal entity is complaining. Information about the place of residence of the applicant. Further in the sample, it should be indicated on what grounds the complaint is filed, and what requirements are put forward. The circumstances indicated in the complaint may not be supported by documents (at the time of filing). If any papers are required, they will be requested additionally. nine0003
But in order for a complaint against a bailiff to be accepted, it must be correctly drawn up. This is how a sample complaint to a senior bailiff looks like:
Enlarge image
To send a complaint to the prosecutor, the sample looks like this:
Enlarge image
If the complaint is filed with a judicial authority, the following sample statement of claim can be used:
Enlarge image
It is necessary to write a complaint about the inaction of the bailiff of the executor in an official, businesslike manner. It is important to ensure that there are no grammatical or spelling errors in the text.
How can I transfer a complaint about the inaction of bailiffs
It is not enough to write a complaint, since it is necessary to send the document in question in such a way that the bailiff receives it. nine0079 There are several options for how to do this. The standard way is to hand over the documents in person. You can also send a document using the Internet or mail. Another alternative method is to pass through a representative.
Depending on the selected document transmission option, you can compose the paper in virtual or real form. For example, when transferring a document in person and using the services of a representative, as well as by mail, a written document must be transferred. But if you use the Internet, you can get by with an electronic sample of the complaint. nine0003
Drawing up a document appealing against the bailiff's inaction must be done in two copies. The first version of the document is sent to the government agency where the person complains, and the second copy will be returned to the applicant, but with a stamp indicating that the document was accepted by the authority where it was sent.
When sending a document by post, the application must be made by registered mail. So the applicant will receive a notification at the moment when the recipient has the documents. If you send additional documents, then the letter should contain an inventory of attachments. nine0086
When sending a document via the Internet, it is necessary to send a sample of the standard type, which is used in other cases. But the remote format of the appeal allows you to significantly save time and effort, since you do not have to go anywhere. But a significant disadvantage of this method is the lack of guarantees that the person to whom the document is sent will be able to receive it and give an answer.
If acting through a representative, a power of attorney with a notary's stamp must be issued in his name. It is attached to the general package of documents to confirm the legality of the actions of the representative in his struggle, which is carried out if the bailiff is inactive. nine0003
How long does it take to process a complaint about inaction
In order for a complaint about the inaction of the bailiff service to be considered, it must be filed in accordance with the deadlines. 10 days are given to file a complaint for inaction, starting from the moment of receipt of information that the applicant's rights have been violated. If the period under consideration is overdue, they will not be able to accept the complaint. Although the deadline can be extended, but only if there was a good reason for the delay - illness, business trip, delay in the letter that is the basis for the appeal. nine0003
You must also observe the three-day period that is given to the official to examine the application. At the end of the period under consideration, the body must respond to the complaint samples sent to it in writing. Moreover, it does not matter what decision the body will make - positive or negative.
If the deadline has been missed, you can still file a complaint after the ten day period has elapsed. But in order to file a complaint against the bailiff after this period ends, you need to file a petition for the restoration of the terms of the administrative claim. nine0086
But if you want to increase the chances that the complaint will be satisfied, you should file it with the prosecutor's office. As statistics show, a complaint about the inaction of a bailiff to the prosecutor's office can be satisfied in 90% of cases. The prosecutor's office conducts an investigation, force bailiffs to follow instructions or even punish the perpetrator. Therefore, appealing to the prosecutor's office is a more effective measure if the perpetrator needs to be punished. Usually in such a case, real steps are taken very quickly. And it takes 30 days. nine0003
If the complaint is filed with the court, it should be understood that he does not have the authority to give specific directives to the bailiffs. But if you go to court, you can get substantial compensation for non-pecuniary damage from the inaction of the bailiff. The administrative case will be considered within 10 days. The countdown begins after the court receives the complaint from the applicant. But the chairman can extend the review procedure up to 30 days in cases where the case is complex and the standard period of time is not enough. nine0003
How a Complaint of Inaction is Handled: Procedure
In order to consider the problem of bailiffs' inaction, it is necessary not only to correctly draw up a complaint, but also send it to the appropriate authority. The deadline for filing the document under consideration is 10 days from the date of filing the complaint. This is necessary in order to establish the fact that the bailiff really created the violation by his inaction.
Depending on which authority the complaint is filed with, the investigation procedure may differ. The actions that will be taken in different instances will also differ. If you turn to one, the culprit is threatened only with a verbal remark, and in the other the victim will receive moral compensation and the problem will get off the ground. nine0079 Depending on the body where the applicant applies, the specifics of the procedure may change:
In court
After the complaint is received, the court will schedule the first hearing. In its course, the parties must discuss the conflict, expressing their opinion. The data obtained will be the basis for the decision, therefore it is important to collect all the necessary evidence.
SPP authorities
An appeal to a higher authority is necessary if the necessary actions have not been taken by the judicial authority. The materials are transferred to the authorities of the executor, who will control the actions of his ward, having previously studied the case materials. Having made a decision, a response is submitted to the applicant (in writing). nine0003
Prosecutor's Office
A sample complaint, if the bailiff violated his duties, can be obtained by contacting the appropriate authority (the prosecutor's office is one of them). After receiving the complaint, the prosecutor's office begins to study the circumstances. They have 30 days to do so. After studying the case materials, an announcement of a warning, the introduction of one’s requirements into the proceedings, and the cancellation of the decision that was previously made by the executor may follow. It all depends on the circumstances that the prosecutor's office managed to find out. nine0003
Once any procedure has been completed and a “judgment” has been issued regarding a complaint of inaction, the parties (applicant and bailiff) must wait until it is enforced. If the decision is positive, the victim will restore their rights. 30 days from the date of receipt of the decision are given to eliminate injustice.
The order may be challenged .