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Non-Custodial Parents (NCPs) FAQ's
1. Why is your unit establishing an order for child support against me?
2. I already have a support order. Why did I receive these papers?
3. What amount of support am I going to pay? Is there a set percentage per child I will have to pay?
4. How did you arrive at the arrears amount for this order?
5. Can I deduct all my bills when arriving at gross income?
6. Will you use my spouse’s income when determining how much support I must pay?
7. When am I supposed to start making payments? Where do I send the money?
8. Why/How can the custodial parent be eligible to receive TANF/Medicaid?
9. Do I have to retain an attorney?
10. Why are you using higher income than minimum wage or my wages when determining my child support amount?
11. Does the fact that I’m not working mean that I won’t have to pay child support?
12. Why is his/her welfare grant “exempt” when determining income?
13. Why are you obtaining a medical insurance order against me when I already carry my children on my medical insurance plan?
14. My parental rights have been terminated why are you still going after child support from me?
15. Will I have to pay for the genetic testing? How much does it cost?
16. The amount of my total obligation as stated on my bill is considerably higher than that shown on previous bills and notices. Why is that?
17. Why are you adding interest?
18. How is interest figured on my account balance?
19. I understand about interest, but I still disagree with the amount you say I owe. Will you provide me with a breakdown of payments and interest?
20. Can you explain the license suspension process to me?
21. How is it possible that I am delinquent when I have always paid by wage assignment?
22. My name was reported to the credit bureau as having overdue child support. How can I dispute this?
23. What is a Release of Lien?
24. How did I get a Lien on my house?
25. Can a lien be transferred?
26. I am trying to sell my house. Can San Mateo County DCSS do a release of lien?
27. I don’t understand why I need a Release of Lien; I am current in my child support payments.
28. Can I pay off part of the balance and set up a payment plan to get the release?
29. I received a Notice that my Federal Tax refund is being taken to pay child support. Why?
30. My case is paid off. Why did I get this Pre-Offset notice?
31. How do I contest this notice?
32. That tax refund belongs to my spouse. How can my spouse get it back?
33. I filed an Injured Spouse Form. Now how do I get my spouse’s income tax refund?
34. Why did you take my whole refund? I don’t owe that much.
1. Why is your unit establishing an order for child support against me?
Depending on specific case circumstances, it could be either of the following reasons:
The other parent/children are receiving public assistance from the County of San Mateo, and the welfare office is required to make a referral to this office to establish or enforce an order for child support on behalf of the child/children.
-or-
The other parent, caretaker or state in which the custodial parent resides has requested our services.
2. I already have a support order. Why did I receive these papers?
An initial contact letter is sent to all cases with existing orders that are being established. The letter explains that all future child support payments are to be made payable to the Statewide Disbursement Unit (SDU). If you already have an Order, the letter you receive from San Mateo County DCSS is just letting you know to send all future payments to the SDU either because the Custodial Parent is receiving public assistance or has requested the services of our office on non-welfare cases.
3. What amount of support am I going to pay? Is there a set percentage per child I will have to pay?
Child support is determined using guidelines established by California law. Child support guidelines are based on each parent’s monthly income and the amount of time the child is cared for by each parent.
The California Guideline Child Support Calculator can be used to estimate the amount of child support that may be ordered in your case.
4. How did you arrive at the arrears amount for this order?
Your support obligation will start on the filing date of the order. In some instances, your support obligation will go back to the date you were served with the complaint or motion for child support.
5. Can I deduct all my bills when arriving at gross income?
No, the California Statutory Guidelines only allows hardships, e.g. other children in the home or for whom you are paying support, medical insurance, ordenry retirements, etc.
6. Will you use my spouse’s income when determining how much support I must pay?
No, we will only be using your income. Your spouse is not a party to this action and has no legal obligation to support the child. Your spouse’s earnings information may be required to assess your complete financial situation.
7. When am I supposed to start making payments? Where do I send the money?
You will receive a copy of the Judicial Order establishing child support. It will have a date by which the first payment is due. If you are employed, an Income Withholding Order will be generated and sent to your employer. However, you are responsible to make sure the payments are sent prior to the due date to the State Disbursement Unit (SDU) address:
State Disbursement Unit
P.O. Box 989067
West Sacramento, CA 95798
For details about other payment options go to www.casdu.com or call 1-866-325-1010
8. Why/How can the custodial parent be eligible to receive welfare/medical?
The San Mateo County DCSS does not determine welfare eligibility. You may contact a welfare office for
eligibility information.
9. Do I have to retain an attorney?
You can represent yourself, or you can retain legal counsel. The choice is yours.
10. Why are you using higher income than minimum wage or my wages when determining my child support amount?
The order is based on the information we had on hand (Income and Expense verification); previous employment history; information from the CP; or your ability to earn at least minimum wage.
11. Does the fact that I’m not working mean that I won’t have to pay child support?
No. Every parent must contribute to the support of his/her children by law.
12. Why is his/her welfare grant “exempt” when determining income?
Federal regulations have determined that any income from means tested, TANF/medical, programs would be considered “exempt”.
13. Why are you obtaining a medical insurance order against me when I already carry my children on my medical insurance plan?
Federal regulations state we must obtain an order requiring medical insurance coverage for the children when establishing a child support order. If you are already carrying the children on your medical insurance plan, please provide the insurance information to our office.
14. My parental rights have been terminated why are you still going after child support from me?
Upon termination of parental rights, a current child support obligation ceases. You need to send a copy of the Termination of Parental Rights Order to our office. You will still be responsible for paying any past due support.
15. Will I have to pay for the genetic testing? How much does it cost?
Genetic testing will be provided at no cost to either parent. The cost is absorbed by the state. Genetic testing is reserved for cases where we are establishing paternity or when it is court ordered.
16. The amount of my total obligation as stated on my bill is considerably higher than that shown on previous bills and notices. Why is that?
One reason your bill appears higher is that all obligations under all court orders you may have are consolidated on your bill into a total overall balance. If you look closely at your bill you can see the individual court order amounts and the total obligation amount is the sum of all obligations. Another reason for the difference may be due to the addition of interest to your arrearage. You will find a column on your bill that identifies the interest amount added to your account. The child support automation system automatically adds interest to all unpaid balances that are carried over from the previous months.
17. Why are you adding interest?
Under the California law (California Code of Civil Procedure Sections 685.010 and 685.020) federal and state regulations, we add interest to all outstanding balances. With automation, the system computes interest automatically.
18. How is interest figured on my account balance?
Interest on California child support orders will be charged a rate of 10%. Interest is charged on a monthly basis on all unpaid balances. The monthly interest charges will be reflected on your billing statement.
19. I understand about interest, but I still disagree with the amount you say I owe. Will you provide me with a breakdown of payments and interest?
We will provide you with a copy of the financial history detailing your payments and our billing history at your request. Please be sure to include your complete address with your request..
20. Can you explain the license suspension process to me?
If a parent is more than 30 days delinquent in their payment of support, the parent’s name and date of birth are reported to all state licensing agencies for license suspension or denial. This includes driver’s licenses and professional licenses such as: teacher, contractor, truck driver, attorney, doctor, realtor, or cosmetologist.
The licensing agency has the duty to notify the parent of the suspension or denial. The notice will indicate which agency is reporting the parent as delinquent in paying child support. A parent who receives notice that his or her license is subject to suspension or denial, because of child support arrears, may contact the Department of Child Support Services.
We will attempt to negotiate a payment plan in return for the release of the license. Additionally, if the parent is unable to reach an agreement with us, he or she may take the issue before a judge for a review of the case by filing a proper motion before the court.
21. How is it possible that I am delinquent when I have always paid by wage assignment?
There are several possible reasons. For example, once a court order is entered and until the wage assignment is implemented, the obligor parent must take responsibility for remitting the court ordered support payments. There may be a delay between an employer receiving the wage assignment and when it is received at the Statewide Disbursement Unit for processing. It is also possible that the payroll department has not withheld the total support amount due each month. Some employers can pro-rate the wage assignment deductions over the period of one year, so depending on how many weeks in each month, the child support remitted may not satisfy the court order. Also, national company payroll departments can be in another state, causing additional delays in processing.
22. My name was reported to the credit bureau as having overdue child support. How can I dispute this?
Once a child support account is established, a 30-day notice is sent to the obligor parent advising that the account will be reported to credit bureaus in 30 days. If the obligor parent disputes the initial reporting, they must notify San Mateo County DCSS and provide supporting documentation.
Once an account has actually being reported to credit bureaus, and the obligor parent is disputing it, the obligor parent must contact his/her credit bureau (Equifax, Experian, TransUnion) in order to file a Consumer Dispute Verification. The credit-reporting agency will forward the form to the San Mateo County DCSS. We will promptly review the account to ensure accuracy and respond directly to the credit bureau.
23. What is a Release of Lien?
A Release of Lien is generally requested, by the obligor parent or the title companies, in order to buy, sell, or refinance property. In general, liens will only be released in two situations:
- When we have information that all the children involved in a case are emancipated and all amounts required to be paid under all the orders in the case have been paid in full.
- When requested to do so by an obligor parent or a title company due to real estate transactions after all amounts due and payable at that time have been paid in full.
24. How did I get a Lien on my house?
When there is an order for child support a lien is recorded in every county where it is believed the obligor parent may own property. Federal regulations mandate that a lien be recorded in all child support cases where there is an order.
Note: If it is an out of state order, a lien may also be filed.
25. Can a lien be transferred?
We do not transfer liens. Liens are recorded in every county where the San Mateo County DCSS knows or has reason to believe the obligor parent owns property.
26. I am trying to sell my house. Can San Mateo County DCSS do a release of lien?
You can fax (650) 366-4711, a Request for Demand to us. Upon receipt of the written Request for Demand, the case will be evaluated and a release will be done (if account is current) or a Demand Letter will be sent to Title Company if the account is in arrears.
27. I don’t understand why I need a Release of Lien; I am current in my child support payments.
The lien does not imply delinquency, only that a support order has been entered.
28. Can I pay off part of the balance and set up a payment plan to get the release?
No.
29. I received a Notice that my Federal Tax refund is being taken to pay child support. Why?
Your case fit the criteria for offset and was certified to the IRS. The certification is done monthly. The criteria for selection are as follows:
ALL CASES:
Active IV-D case
- No re-direction, bankruptcy, or good cause
- Must have or have had a valid court order.
- The balance at the end of the previous month must be $150 or more for welfare cases and $500 or more for non-welfare cases for federal (IRS) offset.
- The balance at the end of the previous month must be $100 or more for state (FTB) offset.
- Cases must have at least one minor child.
The amount on your Child Support Warning Notice is the amount of the balance at the time the case was certified. You will only receive a notice once: the first time in that year that you are certified. A new notice will not go out every time the monthly certification program runs.
30. My case is paid off. Why did I get this Child Support Warning Notice?
Your case fit the criteria for offset and was certified to the IRS. The system will automatically de-certify when the balance reaches zero. The obligor parent will not receive a notice if the case decertifies. The system will also make any changes in the certification to reflect changes in the balance. If the case is decertified on time, you will not be offset. If the amount of the offset is modified, then no more than that amount will be taken. If the tax offset is received by the San Mateo County DCSS and there is no balance owing, it will be refunded to you upon receipt.
31. How do I contest this notice?
If you, or in the case of a joint return, your spouse, disagree with any of the actions to be taken, you may request a review. You may provide an explanation in writing to the San Mateo County DCSS or submit proof to us as to why this action should not be taken. Some possible reasons why you may disagree are:
- No support judgment has been entered against you;
- The support amount(s) shown as past due is incorrect; or
- The automatic stay under Section 362 of the Bankruptcy code has not been lifted or is still in effect.
You may also petition the superior court to stop this action and determine if the past due amount shown is correct.
32. The tax refund belongs to my spouse. How can my spouse get it back?
The obligor parent needs to contact the IRS directly. They will have to prepare an Injured Spouse Claim and Allocation form (form 8379) with his/her tax return. If he/she has already filed, he/she will still have to send in the claim to the IRS. The San Mateo County DCSS does not supply those forms. They need to consult the IRS, or their tax preparer, for a copy.
Note: This form (8379) only applies to Federal taxes…not State taxes.
33. I filed an Injured Spouse Form. Now how do I get my spouse’s income tax refund?
It depends on when the form was filed, with the tax return or after.
- If the form was filed with the tax return, call the IRS. The IRS will split out the spouse’s portion and send it to the spouse, not to the San Mateo County DCSS.
- If the form was filed after the tax return was filed, send a written request to us for a review of the offset status.
34. Why did you take my whole refund? I don’t owe that much.
If the offset has been applied and it overpaid the case, a refund of the difference will be sent to you.