Establishing and Enforcing Child Support Orders — Page 7 of 8

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Court Hearings

In some situations, the DCSS files motions, orders to show cause, responses and participates in short cause trials. The DCSS has a regular "special setting" court calendar the first three Mondays and Tuesdays of each month as well as the last Friday of the month. A representative, usually a certified law clerk, also monitors the DCSS cases regarding support or medical insurance on the weekly family law calendars.

Due to the number of cases handled by Superior Court judges, a Superior Court Commissioner sitting as a Judge Pro Tempore (temporary judge) is assigned to hear the DCSS "special setting" calendar, and short cause trials as well.

A commissioner is not a judge: he or she is appointed by the judges of that court, while judges are either elected by the voters or appointed by the Governor. However, like a judge, a commissioner is a licensed attorney and when sitting as a judge pro tempore, his or her decisions and rulings carry the same weight as those made by a judge. The authority for a Judge Pro Tempore to hear and decide cases can be found in Article VI Section 21 of the California Constitution and in California Code of Civil Procedure Section 259(e) and Family Code Section 4250 et seq.

Since all DCSS cases are assigned to be heard before a court commissioner, if one of the parties objects to the commissioner hearing the case as a temporary judge, the commissioner will still hear the case and will enter a findings of fact and intended ruling. The objecting party must file written objections within 10 days of the court's intended ruling if he or she still objects and then a judge will review the case and make independent findings of fact and ruling.

As noted above, there are some instances when a certified law clerk (a law student authorized by the California State Bar to appear in court under the supervision of an attorney) must represent the DCSS in court. All law clerks operate under the general supervision of the deputy district attorneys.

Information about Public Assistance Cases

A public assistance child support case is opened as a result of the CP applying for and receiving Temporary Assistance to Needy Families (TANF) benefits. The Human Services Department informs the DCSS when TANF benefits are granted and a child support case is then opened in our office. The Human Services Department determines public assistance eligibility and the DCSS establishes and/or enforces the support obligation.

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