How to obtain a copy of child support order

Public Records Act Requests | CA Child Support Services

Guidelines for Access to Public Records

The Constitution of California (Art.I, sec.3) and the Public Records Act (Government Code sec. 6250 et seq.) provide a right to access public information in government records. These guidelines provide guidance to members of the public on how to access public records of the California Department of Child Support Services (Department).

Requesting Information About Your Case

Documents containing personal information about your case are confidential and are not public records. If you have a child support case managed by a local child support agency and seek information or documents on your own personal account, please contact the office as follows. You may send an email by logging into your personal Customer Connect account, you may call 1-866-901-3212 or you may make your request in person by visiting the local child support agency that manages your case. Office locations and contact information are available by clicking here.

Submitting or Making Public Record Requests

The primary recipient of public record requests within the Department is the Office of Legal Services. Written requests must be sent to the following mailing address:

California Department of Child Support Services Office of Legal Services P.O. Box 419064 Rancho Cordova, CA 95741

Requests for public records should be specific, focused and detailed so records can be identified, located, and retrieved sufficiently. Oral requests for public records may be confirmed in writing to clarify understanding of the request and to create a tracking record for the request. Please make sure you include contact information so that the Department can contact you about your request.

Search and Production of Records

Location or search of records will be conducted by appropriate divisions and units of the Department that are the holders of the requested records. If the search cannot be performed or completed immediately, the Department will notify the requester of the result of the search within the 10 days of receipt of the request if the records are readily accessible and they are not subject to specific exemptions from disclosure under the Department. Normal operational functions will not be suspended to permit inspection of records.

If portions of the requested records require redaction, the Department may take reasonable time to provide the redacted records.

Responses to Public Record Requests

The primary responsibility of responding to public record requests lies with the division of the Department that is holder of the requested record. Determinations on producing records or denying disclosure of portions or entire records will be made by management personnel of the specific division involved. The Department may refuse to disclose any records or portions of records which are exempt from disclosure under the Public Records Act. Claiming of specific statutory exemptions for redaction of information or denying disclosure of records will be communicated to the requester through the Office of Legal Services, in writing.

Charges for Copies

The Department will charge fees for copies covering direct cost of duplication or a statutory fee, if applicable. Copying fees are ten cents ($0.10) per page for each black and white page copies on paper. Direct cost of producing a copy of record on color copier or in an electronic format will be determined on a case-by-case basis depending on the nature of the record requested. Copies of records will be provided after the receipt of payment. A requester may pay for records using a money order, check or cash. If payment is made by check, records may be withheld until after the check has cleared through the Department’s bank account. The requester is responsible for arranging and paying for the pick-up or delivery of the copies.

Get a child support order

What you need for Get a child support order

To get a child support order, you need to file a complaint (a written request of what you're seeking) in court. Start in the Registry of the Probate and Family Court for the county where you live.

If you're married to the other parent

If you're married and seeking a divorce, you file where you last lived together with your spouse if at least one of you still lives in that county. If you've both moved from the county where you last lived together, then you can file in the county where either you or your spouse now lives.

If you're seeking a divorce, see divorce for information and forms.
If you want to file for separate support but don't want a divorce, see separate support for information and forms.

If you aren't married to the other parent

If the other parent hasn't signed a voluntary acknowledgement of paternity (a legal form signed by the mother and father, acknowledging they are the parents of the child) or been determined by a judge to be the parent, file a Complaint to Establish Paternity (CJD 106) in the county where the child lives.

If you aren't married to the other parent but paternity has been established by a voluntary acknowledgment or a court judgment, file a Complaint for Support, Custody, Visitation (CJD 109) in the county where the child lives.

Fees for Get a child support order

For more information on paying fees and what to do if you can't afford them, see information on Indigency (waiver of court fees).

Name	Fee	Unit
Filing fee	$100	each
Surcharge	$15	each
Summons	$5	each

How to file Get a child support order

File the forms at the Probate and Family Court county where you live.

You can eFile for Custody, Support, Parenting Time online at eFileMA. For more information on how to eFile, please see eFiling in the Probate and Family Court.

Next steps for Get a child support order

When you file your complaint, you'll receive a summons (a court form that notifies the other parent of what you have filed) from the court. Make copies of your complaint and the summons to keep for your records. You will then need to notify the other parent through Service of Process.
The constable or deputy sheriff will deliver the complaint and summons to the other parent and prove the delivery by signing the back of the summons and explaining how the non-custodial parent was served (for example “in hand”). This is called a return of service. The constable or sheriff will return it to you by mail. They may charge a service of process fee, which can vary.
You must file the return of service with the court as soon as you can. The court can't make a support order unless the proof that the other parent was served has been filed with the court.
Service of process of domestic relations complaints in Probate and Family Court
Next, if you're trying to establish a child support order quickly, you may file a motion for temporary orders at the court. Use the Motion (CJD 400) form and list what orders you want from the court. Ask court personnel for possible dates for a hearing on your motion. Mail a copy of the motion and notice of the hearing date to the other parent.
Each parent must file a financial statement. A financial statement is a court form that requires you to list your income, expenses, what you own, and what you owe.
More info for Get a child support order

To get a copy of your child support order, contact the Probate and Family Court that issued it.

Contact for Get a child support order

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Application for a copy of the court decision

Kirill Bukhtoyarov

Lawyer, St. Petersburg

Expert

Hello, Shagit! A copy of the court decision can be obtained from the court that made the decision. Specifically, in the office for civil cases. If a court order was issued, then, accordingly, a copy of the court order can also be obtained.

August 24, 2013, 04:54

Ruslan Grigoriev

Lawyer, Rybinsk

Hello! According to Article 128 of the Civil Procedure Code of the Russian Federation “Notice of the debtor about the issuance of a court order”, you must have a copy of the court order.

Judge sends a copy of the court order to the debtor , who, within ten days from the date of receipt of the order, has the right to file objections regarding its execution.

If the judge did not send you a copy, you can get one at any time from the office of the court that issued the order. nine0028 "Or is a writ of execution enough?" It's not entirely clear why you have a writ of execution. If a court order is issued, then a writ of execution is not issued. A court order has the force of a writ of execution. If you have a writ of execution, then it was probably not a court order, but a court decision. You need to get a copy of it in order to consider a child support reduction.

August 24, 2013, 05:16

Elena Bogushevskaya

Lawyer, Moscow

Dear Shagit!

Usually, according to Article 214 of the Code of Civil Procedure of the Russian Federation:

"Persons participating in the case, but not present at the court session, copies of the court decision are sent no later than five days from the date of the final decision of the court. " Or you yourself take away the decision of the court in court. If you did not do this, or the Decision was not sent to you, you apply to the court that made the Decision with a request to issue you a copy. But if the same court considers the Application for the reduction of alimony, a copy of the writ of execution is quite enough. She clearly indicates the case number, date and operative part of the decision. nine0024

August 24, 2013, 05:22

Janna Galagan

Lawyer, Krasnodar

Good afternoon! If you do not know the case number, the main thing to remember is the approximate date, and preferably the exact date of the decision. Contact the office of civil cases, if the case is not handed over to the office, then you need to contact the secretary of the judge who made the decision.

August 24, 2013, 05:54

Vladislav Bykov

Lawyer, Chelyabinsk

Good afternoon Shagit!

I agree with my colleague, most likely a court order was issued.

Article 121 Code of Civil Procedure of the Russian Federation Court order

1. A court order is a court decision issued by a single judge on the basis of an application for the recovery of sums of money or for the recovery of movable property from a debtor in accordance with the requirements provided for by Article 122 of this Code.

2. A court order is also an enforcement document and is enforced in the manner prescribed for the execution of court decisions.

Article 122 of the Code of Civil Procedure of the Russian Federation Requirements under which a court order is issued

A court order is issued if:

a claim has been filed for the recovery of alimony for minor children, not related to establishing paternity, contesting paternity (maternity) or the need to involve other interested parties;

Article 128 of the Code of Civil Procedure of the Russian Federation Notice to the debtor of the issuance of a court order nine0003
The judge sends a copy of the court order to the debtor, who, within ten days from the date of receipt of the order, has the right to object to its execution.

Article 129 of the Code of Civil Procedure of the Russian Federation Cancellation of the court order

The judge cancels the court order if the debtor raises objections regarding its execution within the prescribed period. In the ruling on the cancellation of the court order, the judge explains to the exactor that the stated requirement can be presented to them in the course of action proceedings. Copies of the court ruling on the cancellation of the court order shall be sent to the parties no later than three days after the date of its issuance. nine0003

So the writ should have been sent to you.

If you did not receive it, you have the right to restore the term and cancel the court order.

Best regards, Vladislav Bykov

August 24, 2013, 08:02 am

What is the process for canceling a child support order? - Lawyer in Samara and Moscow - representation in court and legal services

HomeProfessional news What is the process for canceling a child support order? nine0003

A court order for the recovery of alimony for the maintenance of a minor child is a court order that is issued without summoning the parties and without conducting a trial based on the application of the claimant.
Alimony can be collected in the order of writ proceedings, in particular if the stated requirement is not related to establishing paternity, contesting paternity (maternity) or the need to involve other interested parties (part 1 of article 121, paragraph 5 of article 122, part 2 article 126 Code of Civil Procedure of the Russian Federation). nine0024 Alimony in a fixed amount of money is not recoverable on the basis of a court order (Article 83 of the RF IC; clause 3 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 N 56).
If a court order is issued, the judge sends a copy of it to the debtor within five days from the date of issue of the order (Article 128 of the Code of Civil Procedure of the Russian Federation).
To cancel a court order for the recovery of child support, we recommend that you follow the following algorithm.

Step 1: File an application to set aside a court order
The basis for the cancellation of a court order for the recovery of alimony for a child is the submission to the judge of an application - objections to the execution of a court order (Article 128 of the Code of Civil Procedure of the Russian Federation).
Objections are drawn up in writing and must contain, in particular (Article 129 of the Code of Civil Procedure of the Russian Federation; clause 31 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 27, 2016 N 62):
1) the name and address of the court to which the application is submitted;
2) last name, first name, patronymic (if any) of the debtor and claimant, their place of residence; nine0024 3) information about the court order to be canceled: date of issue, case number;
4) disagreement with the issued court order. In this case, the reasons or motives for objections do not need to be indicated;
5) demand to cancel the court order.
Objections are signed by the debtor or his representative. If the objections are signed by a representative, then they must be accompanied by a power of attorney or other document confirming his authority (part 1 of article 53, part 1 of article 54 of the Code of Civil Procedure of the Russian Federation).

Step 2: File an objection with the court
Objections to the execution of a writ are filed with the magistrate who issued the impugned writ.
Objections must be filed within ten days from the date of receipt of a copy of the court order on paper or from the date of expiration of the storage period for judicial mail correspondence established by the postal organization (for example, Russian Post JSC has set a seven-day storage period for mail correspondence) (Article 128 Code of Civil Procedure of the Russian Federation, paragraph 32 of the Decree of the Plenum of the Supreme Court of the Russian Federation N 62). nine0024 If the specified period is missed, the debtor has the right to submit objections regarding the execution of the court order and beyond. In this case, it is necessary to substantiate the impossibility of filing objections within the prescribed period for reasons beyond the control of the debtor, and attach supporting documents to the objections.
Such documents may include, in particular:
documents refuting information from the official website of Russian Post JSC that the debtor received a copy of the court order; nine0024 documents confirming that the debtor did not receive a copy of the court order in connection with a violation of the rules for the delivery of mail;
documents confirming the non-receipt of a copy of the court order due to the absence of the debtor at his place of residence, including due to illness, being on a business trip, vacation, in connection with moving to another place of residence, etc.
In this case, the circumstances indicated in as reasons preventing the timely submission of objections can be taken into account by the court if they existed during the period established for the submission of objections, and the objections were sent by the debtor to the court no later than ten days from the date of termination of these circumstances (clauses 33, 34 Resolution of the Plenum of the Supreme Court of the Russian Federation N 62). nine0003

Step 3: Get a Determination to Set aside the Order
If the debtor's objections to the execution of the child support order are received within the time limit, the judge will set aside the order. In this case, a claim for the recovery of alimony may be filed in the course of action proceedings (Article 129 of the Code of Civil Procedure of the Russian Federation).
If objections are filed out of time, the court order may be canceled if the judge recognizes the reasons for missing the deadline as valid (paragraph 33 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 62). nine0024 A ruling is issued on the cancellation of the court order, which is not subject to appeal.
Copies of the specified court ruling are sent to the parties no later than three days after the date of its issuance (Article 129 of the Code of Civil Procedure of the Russian Federation; clause 31 of the Decree of the Plenum of the Supreme Court of the Russian Federation N 62).
If the debtor fails to submit objections within ten days, the court order for the recovery of alimony for the child comes into force (Article 130 of the Code of Civil Procedure of the Russian Federation).
In this case, the court order may be appealed in cassation (part 1 of article 376, part 2 of article 377 of the Code of Civil Procedure of the Russian Federation). nine0003