The Parent Who Would Receive Child Support Is Receiving Cash Aid, Now What?

Once the parent who would be entitled to receive child support is receiving aid, there are a set of rules that will apply. When a parent starts receiving aid they give up the right to negotiate a child support amount. They sign over the right to set and receive child support to the county. The Department of Child Support Services becomes involved. They step into the shoes of the parent receiving aid.

The Department of Child Support Services will file papers to start a case and set child support. Sometimes they try to work out an agreement for child support before filing a motion with the court, sometimes not. 

If they file a motion the payor parent will need to file a response and appear at the hearing. If they do not appear the court can set an order.

When appearing for a hearing it will be in a Family Support Court. the parties will be interviewed by a Family Support Officer. The Family Support Officer will prepare a Child Support Calculator based on the information obtained in the interview. The parties can agree or disagree with the figure. If they agree, the court will review the calculation and make the agreement the order of the court. if the parties disagree the court will allow the parties to argue on the factors they disagree upon. Because the County is now in the shoes of the recipient spouse, they will be allowed to argue their points as well. Once the court has heard the arguments, the judge will make an order.

Once the order has been set, a wage assignment will be prepared and served on the payor’s employer. The support will be deducted from the payor’s check and sent to the County.

The County will keep track of all of the payments made and when they are made. If a person owes any back support, the County can collect it through a few different means. If you receive a tax refund, it will be intercepted and applied to the back support. They can also levy bank accounts to collect the back support.

If you do not pay, they can take away your driver’s license and/or any other license you have, i.e. contractor’s license, notary license etc.

For all back support owed there is interest tacked on at the legal rate. The interest can add up if one is not careful.

How is Child Support Calculated?

Child support is set on a state mandated guideline. Family Code Section 4050-4076 sets out the formula used to set child support. This formula has been incorporated into a computer program which will calculate the amount of support once the figures have been input. In the Family Court, the program is called DissoMaster. In the Family Support Court the program is called a Child Support Calculator. 

Factors that are input into the program include figures such as: number of children; % of time the noncustodial parent spends with the children; tax filing status; wages; self-employment income; any additional forms of taxable and non-taxable income; cost of mandatory retirement; cost of union dues; cost of health insurance; hardships for other children from another relationship in the home and any other child and/or spousal support being paid. If the person who will receive the child support wants the guideline amount, the court must order it, unless one of the few exceptions applies. 

The Family Code makes it mandatory to order the guideline amount. If no aid money is being paid, the parties may agree on a child support figure higher or lower than the guideline amount.

Why There is NO WIN in a Divorce

You are hurt, angry, reeling from the shock your marriage is over. You want to take your ex to the cleaners. They need to pay........ 

You can go hire the attorney with the reputation of being a bull dog or a shark, but in the end everyone, especially the children, lose. If the fight is on, let me tell you what the probable outcome may look like.

1. The attorney’s make A LOT of money;
2. You both will be broke;
3. You may be very disillusioned with the process, especially if you don’t get what your attorney promised you were entitled to;
4. Depending on the level of animosity, you and your ex may not even be able to discuss simple things making everything a fight and/ or a stressful challenge when dealing with issues involving the children;
5. Your children will be a wreck and emotionally damaged. The children become the unnoticed collateral damage as they watch their parents battle it out;
6. The emotional toll is huge. It takes a lot of energy to fight the fight. It is exhausting and can have physical ramifications as well.

Why Mediation is Better for the Children

When you are working together to create a plan for sharing your children you are emotionally coming from a place where the children’s needs are first. With them as the focus there is no fighting or trying to win the children over to get back at the other parent. You will avoid the pitfalls of those who are in fight mode and keep your children first. Your children will not have to endure some of the following:

1. Fighting in front of the children.
2. One or both of the parents saying derogatory things about the other in front of the children. 
3. Saying things which make your children feel it is not OK to want to talk to and/or see the other parent. 
4. Discussing the court proceedings with the children to get an advantage over the other parent.
5. Having the children read the legal documents to get an advantage over the other parent. 
6. Making a scene at public events and special outings by arguing or insulting the other. 
7. Making the children feel like they have to take sides. 
8. Not allowing the children to take their clothes and belongings back and forth between homes. 

What are the Benefits of Mediation

1. Mediation is a peaceful, non-adversarial way to resolve the issues involved in a divorce or other family-related matter. In mediation the parties work through the issues with a neutral third party. The mediator assists the parties in finding mutually beneficial solutions

2. Mediation is a confidential and structured process. Nothing that happens during the mediation process can be used in court should the mediation process not be successful. 

3. Mediation is less emotionally draining than going through the litigation process. Think about what you feel like when you have a disagreement with someone- how does it make you feel? Sick, sad, angry, anxious, tense and/or frustrated? In mediation we work through the disagreements in a respectful manner. The focus is resolution, not who will win. 

4. Mediation is better for the children. Kids love both of their parents. To be put in the middle is emotionally devastating. In Mediation we focus on what is best for the children.

5. The mediation process does not put either party in a detrimental position. If the Mediation is successful, then all of the paperwork can be taken care of without going to court. If the process is not successful, the parties can opt out and go through the court system. 

6. Mediation is less expensive. Family law cases can run $10,000.00 to $20,000.00 to $30,000.00 for each party depending on the level of acrimony. In most instances, mediation can be completed for less than $10,000.00 TOTAL!

What is Mediation?

Mediation is an emotionally and financially cost effective way to resolve all issues in a divorce. It is a process where the parties work together to create solutions with the help of a neutral third party, the mediator.

The parties can work outside the box to create a settlement that meets their needs instead of a court making an order that may not be to either parties benefit.

It can take one or more sessions, but the sessions are scheduled as close or far apart as the parties want. The parties are in charge of the process.

The fees are paid for one attorney, not two.

Sessions are confidential so the tough issues can be discussed without fear that what was said in a meeting will be used in court later

There are no constraints on what can be presented in mediation. Everyone has the opportunity to speak and be heard.

If the process does not work, the option to go to court and ask the judge to decide the issue is still available.

The Process to Obtain a Child Custody and Visitation Order in Fresno County

You will attend at least two court hearings before you have an order.

From the time you file until the first hearing, called a Readiness Hearing, will be approximately 2 months. At the Readiness Hearing you will be given dates to attend orientation to mediation, mediation and a return to court date.

The time from the first hearing until the second hearing will be approximately 45 to 60 days, depending on the courts calendar.

• At mediation, children are no longer interviewed.
• Mediation is confidential. That means nothing that happens during the mediation session can be brought up at court.
• At the second hearing, all the judge will know is whether you agreed, disagreed or have a partial agreement. If any agreements are reached those will be typed up and made available prior to or at the hearing.

At the second hearing the judge has the option of:

• Making an order that day.
• Determining additional information is necessary and sending the matter to Tier II mediation and setting a return to court date.
• Setting the matter for a contesting hearing/trial where evidence is presented by the parties before the judge makes a decision.

In this process, the judge decides who your children will live with and when.