Dealing with the Department of Chils Support Services
Dealing with DCSS or your Local Child Support Agencies (LCSA) can be at times very frustrating, unless you understand “the rules” by which they operate. Few family law attorneys have the full depth of understanding on how to deal with DCSS.
I have handled thousands of DCSS cases. After law school, I accepted a position with the Orange County District Attorneys Family Support Division, which eventually became the Department of Child Support Services (DCSS). While there, I served as a prosecutor and handled thousands of cases in andout of court over the course of a single year. I am certified by the California DCSS as a state trainer in child support services.
I have compromised hundreds of thousands of dollars in back child support for my client’s while in private practice. At the same time, assisted parents in receiving large lump-sum payments from old past due child support.
If you would like to schedule an initial confidential consultation to discuss your DCSS child support matter, call my office today at (714) 779-9800 or (949) 720-0117 or Contact my office online any time.
Compromise of Arrears Program (COAP) (Non welfare Cases)
What is a compromise of arrears (COAP)? In certain child support cases, the law allows for a parent to pay less than his or her total child support debt owed to the government because their child received public assistance during a time that the parent did not pay the court ordered child support.
There are a lot of criteria that have to be checked before a less than full payment can be accepted by Department of Child Support Services (DCSS). If you, or someone you want to help, are interested in the Compromise of Arrears Program (COAP) please contact my office for a free confidential consultation.
The Local Child Support Agencies (LCSA) and the State Department of Child Support Services (DCSS) may, under certain circumstances, compromise child support arrearages owed to the government. There are two programs through which a child support obligor may apply to the LCSA for compromise (The application process, criteria and amount of arrears that may be compromised is different for each program.):
1.) “Compromise of Arrearages-Family Reunification” (COA-FR)
2.) “Compromise of Arrears Program” (COAP).
Independent Modification Actions and Contempt Filings by a Parent Receiving Services Thru the Department of Child Support Services (DCSS)
Many parents feel that they have no power to file their own motiion once they have opened their case with DCSS. This is NOT true. A parent who has requested or is receiving support enforcement services from DCSS may take independent action to modify a support order as long as he/she follows Family Code §17404(f)(1).
Passport Denials and Requests for Release
The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) requires the Department of State to refuse to issue a passport to any person who owes more then $2,500.00 in back child support. Specifically 22 CFR 51.70(a) (8).
Please note the following: The California Family Law Courts do not have jurisdiction to rule on the federal passport issue directly. There is no statute that authorizes court intervention when an obligor has been certified as delinquent in child support. Family Code §17800 sets forth the complaint resolution process as the only remedy available to an obligor who believes he or she has been reported in error.
CDL Suspensions Resulting From Delinquent Child Support
One of the most successful enforcement tools is the statute which allows DCSS to cause the suspension of delinquent obligor parents’ California Drivers License and other professional licenses. Family Code §17520.
If you find yourself in this position, contact my office to discuss the many ways in which you can request DCSS to release your licenses. If they refuse or your not able to comply with their demands, then my office can assist you with the filing of a motion for judicial review of the local child support agency’s decision not to release, in the Superior Court.
If you would like to schedule an initial consultation to discuss your legal matter with me, just call (714) 779-9800 or (949) 720-0117 or Contact my office online any time.