The simple answer to the question, ‘Is a Child Support Services case different?’, is YES! When a parent goes to Child Support Services to request Child Support, he/she is agreeing to allow the District Attorney (DA) to take control of the case. This is a free service and, because of the large case load, it may take a year or more to begin any action.
Once Child Support Services serves the respondent, he/she may oppose the amount of child support requested or may dispute fatherhood which would prompt the DA to request a DNA test. The respondent may wish to hire an attorney to represent him/her at a hearing. Some issues that may be discussed are:
- DNA test results
- income of both parties
- expenses and hardship factors
Prior to the hearing, the respondent (and the attorney–if he/she has one) will have a confidential meeting with a DA to try to resolve the issues. If the issues cannot be resolved, the court will assess the information and make a ruling as to the exact amount of child support. The parent that is requesting child support should be present at the hearing(s) and bring in whatever documents are required or requested. Remember, the DA is representing the party that requested Child Support.
It should be noted that it is better to address Child Support in the Family Court as it is faster and the petitioner would have more control over the case. Further, an Attorney can represent the petitioner in court, but cannot in a Child Support Services case.
If you want Child Support in California and you know that the other parent is working, call NOW to speak with one of our experienced Lawyers who can advise you as to your best course of action. We can be reached at 1-800-HELP-444 (1-800-435-7444) or visit our website www.LegalActionWorkshopLAW.com .