Sorry, you need to enable JavaScript to visit this website.

Interstate Case Initiation Procedures

An interstate case may be referred to our office from either the California Central Registry or another California county. Upon receipt of the referral, the acknowledgement portion of the Transmittal is completed and sent to the initiating IV-D agency with a copy of the acknowledgement being sent to the California Central Registry.

The referral is reviewed to ensure the documentation necessary to process the request has been received.

If all of the required documents have not been provided, the case worker will contact the initiating state listing the necessary information. We will provide the initiating state has 90 days from the date of the letter to provide the updated information, or the case could be closed.

If all the necessary documentation has been provided, the case is opened and initiates the next appropriate action.

Within 75 calendar days of receipt of an interstate referral from the California Central Registry, our office must:

  • Provide location services if requested or needed;
  • Notify the initiating state if additional documentation is needed in order to proceed with the case or request necessary additions, corrections, and/or documentation; and
  • Process the case to the extent possible pending receipt of necessary additions, and/or corrections from the initiating state.
     

    Required Forms And Info

    Image
    Completing-Form

    While our office is prepared to assist you in the processing of your child support cases, certain information is required to process your requests. Choose from the following request types to identify the forms and information required to process that request:

    • Establish an Order
    • Establish Parentage and Support Order
    • Establish an Order for Parentage Only
    • Modification Only of an Order
    • Enforcement of an Order

    When providing information to our office, please note that all documents must be signed and notarized as appropriate.

    The age of emancipation in California is 18, unless the child is a full-time high school student, in which case support is owed until the child turns 19 or graduates, whichever comes first. A child is also considered emancipated if married.

    Frequently Asked Questions

      Regarding the Uniform Interstate Family Support Act (UIFSA).What is the enactment of the date of your state UIFSA Act?

      4-Aug-97

      What is the statutory cite for your state UIFSA Act?

      Family codes 4900 et seq.

      Does your Act include the 1996 amendments to the model UIFSA?

      Yes

      What foreign countries does your State reciprocate?

      Australia, Austria, Bermuda, Canada, Czech Republic, Fiji, Finland, France, Germany, Hungary, Ireland, New Zealand, Norway, Poland, Republic of South Africa, Slovak Republic, Sweden, United Kingdom.

      Has your State established reciprocity with any tribal Courts? If yes, list the tribes and identify Services provided, if less than full services.

      No.

      Regarding the age of majority: What is the age of majority in your state?

      18 years, unless the child is still in high school; then collection continues until the child graduates or becomes 19, whichever occurs first.

      Regarding the age of majority: What is the statutory cite for the age of majority?

      Family Code 3901(a)

      Regarding the age of majority: Does child support end if the child leaves the household but does not emancipate?

      No.

      Regarding the age of majority: Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)?

      Yes, mandatory if the child is handicapped; otherwise, optional.

      What is your State's statute of limitations for Parentage establishment?

      Emancipation. Parentage can be established at any time; IV-D will do this up until the age of majority.

      What guideline type or method does your State use to calculate child support?

      Percent of parent's net disposable incomes, adjusted according to the percent of time that each parent has primary physical responsibility for the child.

      Regarding interest, please indicate whether your State charges interest on Missed payments, Retroactive support, and Adjudicated arrears.

      Statutory rate of 10% per annum, interest accrues from date of entry of judgement on lump sum due, and from date installment is due if payable in installments.

      Does your State collect arrears on behalf of a child if an application for IV-D services is received after the child emancipates?

      No.

      Can your State use income withholding for medical support enforcement? If so, describe your procedure.

      Yes. Health insurance Coverage assignment is sent to the person paying support's employer, who enrolls the child and deducts the premium amount from the person paying support's check.

      Have you elected to recover costs or charge fees in your State plan? If yes, what costs are recovered from/fees charged to the obligee? What costs are recovered from/fees charged to the obligor?

      No

      Does your State recover costs on behalf of the initiating State?

      Yes, genetic test fees only.

      Please provide a citation for your State's long-arm statue to establish and/or enforce child support.

      Code of Civil Procedure (CCP) 410.10.

      Does your State establish, enforce, or modify spousal maintenance orders? If yes, under what circumstances?

      Establish, enforce, and modify for UIFSA cases; enforce intrastate orders if the IV-D agency is enforcing the child support order.

      Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification?

      No.

      What term does your State use to refer to income withholding?

      "Earnings assignment order for support"; "income withholding order (IWO)"; "wage withholding".

      What type of income specifically cannot be withheld, if any?

      All allowable income sources are subject to garnishment.

      Does your State have any limits on Income Withholding in addition to the Consumer Credit Protection Act (CCPA) limits? If yes, what are those limits?

      No.

      With regard to employers: What is the income-withholding fee charged by employers

      $1.00 per withholding allowable.

      With regard to employers: After receiving an income withholding notice or order, what is the date by which the employer is required to implement wage withholding?

      10 days (Family Code 5233).

      With regard to employers: What is the date by which an employer must remit amounts withheld from an employees pay?

      7 business days.

      With regard to employers: What are your States procedures for sanctioning employers for not implementing direct income withholding?

      Liability for amount of support not withheld, and punishable as contempt.

      With regard to employers: What is the penalty to an employer for failure to remit payments withheld?

      Liability for amount of support not withheld, and punishable as contempt.

      Does your State allow direct income withholding of unemployment compensation benefits across State lines?

      No.

      How does an obligor contest income withholding in your State?

      The motion to quash, or modify, must be filed with the court to request a hearing.

      Regarding income withholding when the obligor has more than one claim for child support against his/her income, indicate: If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance?

      Yes, although instructions for how to prorate multiple orders have been made available to California employers.

      Regarding income withholding when the obligor has more than one claim for child support against his/her income, indicate: If assistance is not available, explain how employers should proceed, and provide a citation for the State law that governs how they should proceed.

      When there are multiple assignment orders for the same employee, the employer is instructed to prorate the withheld payments as follows: If the person paying support has more than one assignment for support, the employer adds the amount due for each assignment.

      If 50% of the person paying support’s net earnings cannot satisfy all of the assignments, the employer prorates first among all the current assignments, in the same portion that each assignment is to total the current support owed.

      Any remainder is applied to the assignments for arrears, in the same proportion that each assignment is to the total arrears owed.

      When your State enters an order establishing parentage, are issues of custody and visitation also addressed? If yes, please explain briefly.

      No.

      Regarding genetic testing, what is the percentage of probability that creates a rebuttal or conclusive presumption of parentage?

      Parentage index of 100 or greater creates a rebuttal presumption of parentage.

      Regarding parentage acknowledgement: Has your State enacted legislation making parentage acknowledgement conclusive?

      Yes.

      Regarding parentage acknowledgement: What is the effective date of the State law that makes parentage acknowledgements conclusive?

      Yes.

      Does marriage constitute a rebuttable presumption of parentage? How is the presumption rebutted?

      Conclusive presumption; however, husband may move for genetic tests within two years of the child's birth.on. This is placeholder text. It's here by mistake and we'd appreciate it if you could email us with a link to the page you found it on.

      If the father's name is on the birth certificate, does that mean that parentage is conclusively determined?

      Yes.

      Does your State have other parentage-related presumptions? If yes, briefly explain.

      Yes. Putative father and child's natural mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated; before the child's birth, the putative father and natural mother attempted to marry and the child is born during the attempted marriage or within 300 days of termination of marriage or cohabitation; after the child's birth the putative father and natural mother attempted to marry, and he consented to listing his name on the birth certificate, or is obligated by a written voluntary agreement or court order to support the child; the putative father receives the child into his home and openly holds out the child as his natural child; the parentage is 100 or greater.

      Does your State have putative father’s registry and, if so, what is the name and address of that entity?

      No.

      Regarding Vital Statistics: Are there fees for requesting searches, parentage documents and data from your State Bureau of Vital Statistics?

      Yes.

      Regarding Vital Statistics: Are there circumstances under which these fees may be waived?

      No.

      Regarding common law marriage: Is common law marriage recognized in your State?

      No.

      When the person receiving support and/or other witnesses are not able to appear in person for parentage hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)?

      Written depositions and interrogatories accepted; generally teleconferencing and videotaping are not accepted in absence of stipulation or court approval; court may designate judge of initiating court as a person before whom a deposition may be taken.

      Please give the cite for your State's long arm statute and list any special provisions.

      Family Code 4905; Code of Civil Procedure 410.10.

      Does your State recover genetic testing costs for other States?

      Yes.

      Does your State use administrative or judicial process to establish a support obligation?

      Judicial.

      In setting support under your State’s guidelines, whose income is considered in addition to the person paying support (for example, new spouses or child’s)?

      Net monthly disposable income for each parent.

      What criteria for rebutting your presumptive guidelines have been established in your State?

      Support is not assigned and parties stipulate to a different amount; deferred sale of home and rental value exceeds mortgage payments; homeowner’s insurance, and taxes; parent ordered to pay support has extraordinarily high income; parent is not contributing to child's needs commensurate with that parent’s custodial time; application of formula would be unjust or inappropriate due to extraordinary circumstances.

      Regarding retroactive (prior period) support: Will your State establish support orders for prior periods? If so, for what prior periods (e.g. birth of the child, date of separation, prenatal expenses, 5 years retroactive?)

      No.

      Regarding retroactive (prior period) support: Will your State allow a petition for support when the only issue is retroactive support?

      No.

      Indicate whether your State has state income tax refund intercept available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.

      Yes, Administrative.

      Indicate whether your State has license revocation/suspension for drivers, professional, occupational, and/or recreational licenses available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.

      Yes. Drivers’ licenses, recreational licenses, professional or occupational licenses, Administrative.

      Indicate whether your State has Administrative Lien available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.

      Yes. Administrative.

      Indicate whether your State has property seizure and sale available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.

      Yes. Administrative.

      Indicate whether your State has withholding of State funds or benefits available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.

      Yes. Workers compensation; administrative. Unemployment compensation; administrative. Lottery intercept; administrative. State disability insurance; administrative.

      Indicate whether your State has Financial Institute Data Match available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.

      Yes, administrative effective 7/1/99.

      Indicate whether your State has Consumer Credit (Credit Bureau) Reporting available as an enforcement remedy; and, indicate whether you have judicial procedures available, administrative procedures available or both.

      Yes. Administrative.

      Indicate whether your State has other administrative enforcement remedies available.

      Application to U.S. District Courts; Application for collection by the Secretary of the Treasury; and FTB Full Collection Program.

      Indicate whether your State has other judicial enforcement remedies available.

      Civil or criminal contempt proceedings; Writs of Execution; and Lien in pending action or proceeding.

      If your State has established specific procedures for registering administrative liens, what are the procedures that must be followed when another state wants to administer an administrative lien?

      If your State has established specific procedures for registering administrative liens, what are the procedures that must be followed when another state wants to administer an administrative lien?

      Regarding enforcing other States’ orders: Which of your States enforcement remedies are available without registration?

      Order/Notice to withhold income for Child Support; interstate liens.

      Regarding enforcing other States’ orders: Describe your States registration and enforcement procedures.

      Follow UIFSA sections 304 and 305.

      Regarding enforcing other States’ orders: Has your State adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? If yes, please cite.

      Yes. CCP 1710.10 et seq. (Sister State Judgements) and CCP 1713 et seq. (Uniform Foreign Money Judgements Recognition Act).

      Regarding reviews: With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?

      In both public assistance and non-public assistance cases, a review may be requested every 3 years without showing a change in circumstances.

      Regarding reviews: On what basis are the reviews conducted (e.g. on request of the person receiving support, person paying support, in non-public assistance cases; automatically in public assistance cases)?

      Upon a change in circumstances, a review must be conducted upon request

      What are your criteria for modification (e.g., $50 or 20% from present orders)?

      $50 or 20%, whichever is greater.

      Which of the following criteria for demonstrating a change in circumstances apply, if any? [List all that apply.]

      A: The earnings of the obligor have substantially increased or decreased.
      B: The earnings of the obligee have substantially increased or decreased.
      C: The needs of a party or the child (ren) have substantially increased or decreased.
      D: The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
      E: The child (ren) have extraordinary medical expenses not covered by insurance.
      F: There has been a substantial change in childcare expenses.
      G: Other, explain.

      Regarding cost of living adjustments (COLAs): Does your State have cost of living adjustments?

      No.

      What is the effective date of the Uniform Interstate Family Support Act?

      1-Jan-98.