How long do child support cases take

How A Child Support Case Works

Either parent can open a child support case, as can a child’s legal guardian. Having an order from a judge for child support to be paid does not automatically open a child support case.

To open a case in California, fill out the online application or visit your local child support agency – agency locations can be found here.

After an application is submitted, the applicant will be contacted by their local office to assist with the process of obtaining a child support order with the court.

There are many benefits to opening a child support case:

If you do not yet have an order, we provide assistance to both parents through all steps of the process.
In certain situations, we can help you avoid court completely.
Once you have an order, we keep official records, protecting both the payer and the recipient.
We can assist recipients with enforcement of the order.
We can help payers avoid or resolve negative enforcement actions if you are unable to pay.

See our instructional video below, “How To Open A Child Support Case” for more details on this process.

More Important Information

For information about changes in family status please see: FamiliesChange.ca.gov

Before a child support order can be made, both parents of the child need to be located. There is no guarantee they will be found, but the more information we have, such as the parent’s date of birth and Social Security Number, the easier it will be.

Watch our “Locating a Parent” Quick Tip video below for more detailed information about this step.

After the case is opened, the parent being asked to pay child support will be given a Summons and Complaint packet. This is legal notification that you have been named in a child support case.

You only have 30 days to respond, or a “default” child support order may be ordered by the judge without your financial situation being considered.

See our instructional video below, “I Received a Summons and Complaint – What Do I Do?” for more information about this very important package of documents.

If you have been served with a Summons and Complaint, and you do not believe you are legally responsible for the child or children you are being asked to pay child support for, you have the right to request proof and we will assist you free of charge. This is either DNA testing to determine parentage (which is more than 99% accurate), or proof that the parents were legally married at the time of the child’s birth.

If you do not request proof, you can still be assigned legal parentage without your consent.

If you would like to avoid going to court, some local agencies offer “Family Meetings” that allow both individuals to meet with a child support caseworker, either together or separately. If both parents can agree on an amount, their signed document becomes the “Stipulated Agreement,” which is filed with the court.

This option may not be offered in all child support offices.

For more on the benefits of this, see our “Family Meetings” instructional video below.

If there is no Stipulated Agreement, a court date will be set. The judge will review the financial and other relevant information from both parties and decide on an appropriate amount of child support to be ordered.

If either parent can get medical insurance, the court will consider that cost in deciding the amount of child support ordered.

Below, our instructional video “How Does the Court Determine a Child Support Amount” includes more information on this decision, which becomes the official child support order.

After a child support order is set, payments are scheduled to begin. There are many options for payment but if the parent ordered to pay is employed, their employer will be required to make those payments by withholding the funds from their paycheck. This is mandated under Federal law for child support orders and does not imply a failure to pay.

All payments are recorded and this can provide security for the parent paying support in case there is any disagreement.

A child support order is a legal court order. Parents who refuse to pay or delay paying their child support face enforcement actions that can include:

Suspension of their driver’s license or passport
Revocation of professional and occupational licenses
Bank and property liens
Interception of tax refunds
Interception of lottery winnings

Also, by California state law, unpaid court orders get charged 10% interest.

As a last resort, civil contempt charges may also be filed. If you have trouble paying your child support, talk to your local agency right away. There are programs available to help parents who are trying in good faith to pay their support.

For more on the consequences of unpaid child support, see our instructional video, “My Driver’s License has been suspended due to child support. How can I get a release?”

If either parent or guardian has a change in circumstances after a child support order is set, which could be losing a job, changing jobs, or a change in custody or visitation, the order may qualify for modification.

Your local agency or the Family Law Facilitator at your county courthouse can assist with this.

There are many reasons why a child support case can be closed. The usual one is that the youngest child reaches the age of 18, is no longer a full-time high school student, and no past-due balances are owed. At that time both parents are notified by the child support agency, and the case stays open for 60 days after this notification.

All records are maintained for at least four years and four months in accordance with federal law.

For more information about the Child Support Process, visit and follow our YouTube channel:

For more information on changing family status please see: FamiliesChange. ca.gov

Frequently Asked Questions for Child Support Enforcement Division

Sunday, November 13, 2022

Related Information

QHow can the Child Support Program help me and my children?

They can:

Locate missing parents for child support purposes
Establish paternity when needed
Establish medical and financial support orders
Enforce support orders
Modify support orders

QWhat are the address, telephone number and hours of operation?: AChild Support Program
Overtown Transit Village, South Tower
601 NW 1ST COURT, 12th FLOOR
MIAMI, FLORIDA 33136
(786) 530-2600; Child Support Program - Office of Miami-Dade State Attorney Katherine Fernandez Rundle (miamisao.com); The hours of operation are 8:00 AM - 5:00 PM, Monday through Friday.

QWhat is a "parent who owes support"?: A parent who owes support is the parent who does not live with the child and is ordered to provide support. According to Florida law, every child under the age of 18 has the right to the support of both parents, including the parent who owes support.

QCan the Child Support Program help locate the parent who owes support?: A
Yes. They must know where to find the parent responsible for support. If this is not known, the Child Support Program will search for him or her through a variety of local, state, and federal location resources. It is very important for you to provide any information about the parent who owes support, so that he or she can be located. Otherwise, your case cannot move forward.

QWhat is the application process and how much does it cost?

There is no fee for this service.

If you are a parent receiving public assistance, you are automatically referred to the Child Support Program and you must cooperate with efforts to obtain support.Failure to respond to requests for information, or missing appointments and court hearings may result in sanctions being imposed, causing your benefits to be reduced or canceled.

If you do not receive public assistance, you need to complete an application for services.

To apply for the services of the Child Support Program, please do so online at Florida Dept. of Revenue - Apply For Child Support Services (floridarevenue.com)

QHow is a child support order obtained?: A; If the location of the parent who owes support is not known, the Child Support Program will first need to find him or her before your case can be processed.
Once he or she has been located, the Child Support Program will send you correspondence to obtain preliminary information needed to begin processing your case.
Once the Child Support Program has obtained all the necessary information from you, your case will be referred to the Legal Department. The parent who owes support must then be served (notified of the action against him/her). The service process includes providing the parent who owes support with copies of the documents you have signed. Once he or she is served, a court date can be scheduled.

QHow long does it take to obtain an order?: A; The time it takes to obtain a child support order varies depending on the facts in your case, how much information you can provide, and other factors. These factors, which include successfully locating and then serving the parent who owes support with the case documents, actions taken by the opposing attorney, requests for paternity tests, the need for certified copies of existing support orders, etc., may delay the results. You can help speed the process by cooperating fully.

QHow are support orders enforced?

The Enforcement Unit works hard to ensure you receive child support payments on a regular basis. Some methods used are:

Income Deductions - Payments are deducted from the non-custodial parent's paycheck.
IRS Intercepts - Tax refunds can be intercepted to collect delinquent child support.
Freezing Bank Accounts – A computer search is done for non-custodial parents who have bank accounts with participating financial institutions. If a match is found, the bank account may be frozen.
Lottery Intercepts - Winnings of $600 or more from the Florida Lottery can be intercepted to pay delinquent child support.
Liens - In certain cases, courts can place liens on real estate and personal property for non-payment of child support.
Consumer Reporting Agencies - Information about delinquent child support is given to credit reporting agencies, possibly affecting the non-custodial parent's credit rating.
Suspension of Licenses - Driver's license, vehicle registration, and professional licenses can be suspended or denied for not complying with a court order for child support.
Referral for Contempt - Court action can be taken if the non-custodial parent does not pay the child support as ordered by the court. He/she could face potential penalties, such as jail time.
Passport Denial – NCPs can be denied U.S. passports if their certified past due amount exceeds $2,500.

QHow are the support payments processed?: A; All child support payments must be sent to the State of Florida Disbursement Unit, PO Box 8500, Tallahassee, Florida, 32314-8500. Official court records are created of payments and disbursements to allow accurate enforcement and monitoring of your child support case. For this reason, you must not take payments directly from the parent who owes support.
If you do not receive public assistance, a check will normally be mailed from Tallahassee within two working days of receipt of the payment. If you do receive public assistance, support payments may be kept by the State of Florida as reimbursement for the public assistance you are receiving from the state.

QHow is paternity (fatherhood) established?: A; When a child is born to parents who are not married, fatherhood must be determined before any other action can take place. The alleged father may voluntarily admit that he is the father of the child(ren). In cases where he does not admit paternity, a court hearing and/or paternity test is scheduled. When a paternity test is necessary, the child's mother, the alleged father and the child are tested.

QHow much child support will be ordered?: A; The amount ordered is based on guidelines set by Florida law which take into account the children's needs and the income of both parents. Childcare costs, health insurance costs, and other children are also considered.

QI already have a child support order, but I am having problems with the payments. Can the Child Support Program help me?: A; Yes. If you already have an order for child support and/or medical insurance, the full force of the law will be used to enforce that order so that you can receive regular payments.

QCan I get help if I don't have a child support order?: A; Yes. If you don't have a court order, legal proceedings will be used to establish child support and medical support obligations so that you can begin to receive payments from the parent who owes support.

QCan the Child Support Program help me with visitation, custody or alimony matters?: A; The Child Support Program does not enforce visitation or custody rights. Nor does it enforce alimony obligations, unless there is an ongoing child support enforcement matter which is being handled by the Child Support Program.

QHow can I modify the amount of child support?: A; Once the support order is established, it may be modified if there is a significant change in your financial situation or that of the parent who owes support. If you request a modification, the amount will be recalculated based upon guidelines set by Florida law. Normally, a modification petition is filed with the court only if the guidelines show the amount should change by at least 15% or $50 monthly, whichever is greater. If this is an interstate case (involving another state), there may be additional restrictions. Once the process is started, we are required to pursue it to completion even if it means the parent who owes support will pay less.

QWhat happens if the parent who owes support lives in another state?

When the parent due support and parent who owes support s live in different states, the Child Support Program works with child support offices in other states. When this type of case is referred to another state, that state's child support enforcement office and court system must be allowed to process the case within their applicable time frame.

The United State and the State of Florida have also entered into international agreements with various foreign countries for the establishment and enforcement of child support obligations.

The State of Florida has also entered into international agreements with various foreign countries for the establishment and enforcement of child support obligations.

QHow can I find out the status of my case?: A; You can check on the status of your case by registering for eServices at https://childsupport.floridarevenue.com
You may also contact our Call Center at (305) 530-2600

QWho do I contact if I am a person with a disability who has been noticed, and needs assistance, to participate in a court hearing?: A; Please contact ADA Coordinator, at:
Voice Mail: (305) 349-7175
TDD: (305) 349-7174
Fax No:. (305) 349-7355
Email:. [email protected]

Deadline for consideration of alimony claim \ Acts, samples, forms, contracts \ ConsultantPlus

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Deadline for consideration of a claim for alimony

A selection of the most important documents upon request Deadline for consideration of a maintenance claim (regulations, forms, articles, expert advice and much more).

Administrative proceedings:
Administrative statement of claim
Administrative claim for the inaction of the bailiff
Administrative claim
Address of the eighth cassation court
Audio Protocolization CAS
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Judicial practice : The deadline for consideration of the claim for alimony

Open your system ConsultantPlus:
Selection of court decisions for 2020: Article 115 "Responsibility for late payment of alimony" of the RF IC
(R.B. Kasenov) As the court pointed out, in accordance with paragraph 2 of Art. 115 of the Family Code of the Russian Federation, when a debt is formed due to the fault of a person obliged to pay alimony by a court decision, the guilty person pays a penalty to the alimony recipient in the amount of one second percent of the amount of unpaid alimony for each day of delay. In the case under consideration, alimony was collected from the defendant in favor of the plaintiff for the maintenance of a minor child, by a decision of the bailiff-executor, enforcement proceedings were initiated against the defendant, meanwhile, the defendant allowed the formation of alimony arrears. At the same time, the court came to the conclusion that the petition of the defendant's side to apply the limitation period and to recover from the defendant a penalty for late payment of alimony is not in full.

Open the document in your system Consultant Plus:
Appeal ruling of the Moscow City Court dated 20. 05.2021 N 33-19919/2021
category: Family disputes: Family disputes: Family disputes .
Requirements: 1) On the division of jointly acquired property.
Requirements: 2) On the division of jointly acquired property.
Circumstances: The plaintiff was in a registered marriage with the defendant, during the period of marriage, non-residential premises were purchased with common funds, the parties jointly used the specified non-residential premises, received income from renting the premises, however, register the ownership of a share in the disputed non-residential premises in the name the plaintiff, the defendant refuses, in relation to the common property, the plaintiff and the defendant did not conclude an agreement on the division of property, therefore, the shares of the parties in the disputed property are equal.
Decision: 1) Satisfied in part; 2) Satisfied. The argument of the appeal that the court unreasonably did not apply the limitation period to the claims for the division of non-residential premises, since the evidence of the transfer of funds to the plaintiff does not indicate that the money was received from the operation of the disputed premises, cannot be accepted into Attention. This argument was the subject of consideration in court, checked and assessed. Evidence that the money was transferred on account of child support, K.Yu. did not present to the court.

Articles, comments, answers to questions : The term for consideration of a claim for alimony

Normative acts : The term for consideration of a claim for alimony

The terms for considering an application for alimony in court

It is important for citizens to know, but also the procedure for collecting the timing of the consideration of the application for alimony. They depend on the method of appointment - in the order of action or writ proceedings. If necessary, the plaintiff or the defendant can appeal the court decision, and here the terms of appeal also matter.

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In the article we will tell:

Legislation
Terms and procedure for considering an application for the recovery of alimony
- Litigation
- Writ proceedings
Appeal against a judgment
When do the first payments start?
Examples
- Collection through the Federal Bailiff Service
- Collection through the accounting department
Conclusion

Legislation

From a legislative point of view, the specifics of the collection of alimony, the Civil Procedure Code of the Russian Federation are regulated. The procedural code determines the procedure, terms for the adoption of documents and consideration of the case. The latter depends on the type of production - claim or order.

In the Russian Federation, there is a simplified procedure for collecting alimony by filing an application for a court order. It is convenient in that the presence of the parties is not required to make a decision.

The type of production is also important for the order of consideration. The result is the execution of a court document, on the basis of which the collection of funds is made.

Citizens can draw up a maintenance agreement at any time. In this case, there are no statutory deadlines. The payer and the recipient independently decide the issue of the frequency and amount of payments.

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Terms and procedure for considering an application for the recovery of alimony

Compulsory recovery of alimony is possible in two ways - in a claim or order. There are many differences between them, which are better to know in advance.

Claim proceedings

Claim proceedings involve filing a claim for the recovery of alimony with the court at the place of registration of the defendant, and in the absence of such an opportunity, at the address of one's residence.

The process is as follows:

The plaintiff files the claim and the attached documents. The judge has 5 days to accept the case for consideration. At this time, he determines whether the requirements of civil law regarding the execution of documentation and jurisdiction are met. If the case is not considered by this court, the claim is returned to the plaintiff with detailed explanations of where to apply.
Within 5 days, a ruling is issued on the preparation of case materials for proceedings, if the judge is satisfied with the content of the documents and all legislative nuances are observed. Notifications are sent to the parties to the proceedings indicating the date of the first meeting.
Art. 154 of the Code of Civil Procedure of the Russian Federation states that cases on the recovery of alimony are considered no more than 1 month. This time is given to the judge to make a decision.
Based on the results, the operative part of the decision is announced, a writ of execution is drawn up.

One month is allotted for appealing the decision, after which it comes into force and is transferred to the bailiffs for execution. The recoverer can also apply with a writ of execution to the organization at the place of employment of the payer.

Detailed information about withholding child support at work.

The decision is executed without delay, but the right to challenge remains with the parties to the proceedings. The plaintiff must independently apply with the document and IL to the bailiffs or to the accounting department at the address of the defendant's work. Without this, no payments will be made.

Writ proceedings

The legislation of the Russian Federation provides for a simplified procedure for collecting alimony - writ proceedings:

The claimant sends an application to the court for a court order. You can do this at any time during the validity period of the grounds for the collection of funds.
The judge draws up an order within 5 days, the assistant or secretary notifies the claimant and the debtor of the execution of the document.
The recoverer takes the order, a copy of it is sent by the court to the payer.
The person liable for maintenance has the right to appeal the document within 10 days from the date of execution by sending an appropriate objection.

After the objection is accepted, the assignment of alimony is carried out in a lawsuit. Making an order is relevant if there is no dispute between the parties about payments.

A court order is equivalent in legal force to a writ of execution. The recoverer has the right to present it to bailiffs, an accountant or to agree with the alimony person on voluntary payments.

If the payer transfers the money on his own for some time, and then the payments stop coming, a penalty begins to accrue - 0. 1% of the amount owed for each day of delay. To collect a debt, it is enough to present an order and bank statements, where the date of the last transfer will be visible.

What nuances are important to consider:

If the payer has maintenance obligations to a third party, an application for an order is not submitted. The assignment of payments is available only by filing a claim, since the participation of the other party in the proceedings may be required. You cannot apply if the person liable for support is already paying money for the maintenance of another child.
When the debtor files a reasoned objection to the annulment of the order, the judge may not refuse. The recoverer in such a situation does not have the right to re-apply with a similar application - you need to file a claim.

Important! It is recommended to file an objection to a court order in person or remotely using online services. By resorting to the help of the Russian Post, you can skip the deadlines for appealing. Even if the payer is not guilty of this, it is problematic to restore them.

Appeal of a court decision

After the court decision is drawn up, the parties to the proceedings have a month to appeal, but execution is possible immediately after the plaintiff receives the document. Contestation during this period is made by filing an appeal with the body that made the decision, but the complaint is subsequently transferred to a higher court.

If the appeal is filed immediately with the Board of Appeal, the documents are redirected to the judicial authority whose decision is being contested (Article 321 of the Code of Civil Procedure of the Russian Federation).

Art. 327.2 Code of Civil Procedure of the Russian Federation, appeals are considered no more than 2 months. As a result, an appeal ruling is issued. It is appealed against within six months from the date of entry into force in the court of cassation.

Art. 329 of the Code of Civil Procedure of the Russian Federation, the appeal ruling enters into force immediately after issuance.

If the deadlines for appealing the court decision are missed, the procedure is carried out only in cassation. In Art. 382 of the Code of Civil Procedure of the Russian Federation says that cassation in case of an unclaimed case is considered for 1 month, in case of a claimed case - 2 months. The report starts from the date of receipt of the complaint.

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When do the first payments start?

The beginning of the first payments depends on the organization where the claimant applies with IL or a court order for recovery.

If the deductions are made at the initiative of the bailiff, the following terms are set:

3 days the FSSP employee is given to initiate enforcement proceedings, 1 day - to draw up the relevant resolution and notify the parties.
Payer can voluntarily make a payment within 5 days. After the specified time, a performance fee (7% of the amount) may be charged. The bailiff has the right to apply compulsory recovery measures: arrest of bank accounts, property, deprivation of a driver's license, etc.

When applying to the accounting department at the place of employment of the debtor, payments are made within 3 days after the transfer of wages to him, and so every month.

Details on the timing of the transfer of alimony by an accountant at the payer's place of work.

Examples

To understand in detail the timing of the start of payments, it is enough to familiarize yourself with practical examples:

Collection through the FSSP

IL was received on May 15, presented to bailiffs the next day. On May 18, enforcement proceedings were initiated. The debtor has 5 days for voluntary repayment - until May 23 inclusive.

He did not fulfill this requirement, the IL was presented to the accounting department of the organization at the place of work of the person liable for maintenance.

Recovery through the accounting department

The woman received the IL on April 10, 11 presented to the accounting department of the enterprise at the place of employment of the payer. The salary is paid in two installments - every 15 days - on the 16th and 30th (31st).

The first accrual was made on April 19, because the accountant is given 3 days from the date of salary transfer to pay alimony.

Conclusion

Let's summarize:

The terms for consideration of an application for the recovery of alimony are established by law.
The period of proceedings depends on the method of collection.
An application for a court order is considered within 10 days.
Statement of claim - at least 30 days.
Each court decision takes effect within 30 days.

If the court violates the terms of consideration of the application for alimony, it is necessary to file a complaint. This will require the assistance of a qualified professional.