Question 30

I believe there's a mistake in my bill or the arrearage is incorrect. What can I do?

Answer

You should call the Department of Child Support Services to make an appointment to discuss the matter. If you made direct payments to the other parent that you believe have not been credited, bring in your receipts and original canceled checks which prove payments were made.

If you had custody of the children during an entire month (and that month was not included in the custody order) and were still billed support, bring in the school records that show the children's residence address. Day care receipts may also help to prove that children were living with you.

If you still disagree with the Department of Child Support Services's decision, you have the right to seek a court order that may give you the credit you are requesting. Forms to establish a hearing are available at the Sonoma County Superior Court, 600 Administration Drive, Santa Rosa.

If you have recently received custody of your children and the change can be verified, we will stop billing the ongoing support amount and only collect the arrearage owed, if any. Please send the Department of Child Support Services a copy of the court order that gives you custody. The court order must be signed by a judge and must have been filed by the court.

Important Information for Parents Responsible for Paying Child Support

The Sonoma County Department of Child Support Services (DCSS) is the local child support agency (LCSA) charged with enforcing child support orders. If you are court ordered to pay child support the following information will be helpful to you in understanding our responsibilities and how you may be impacted.

We use the information provided to us by the agency who is transferring the case to us, or by the person to whom child support is owed as the beginning point to determine if you owe any child support arrears, and if so, the amount due. It is important for you to carefully review the payment record we send to you, and to correct any errors by providing us with documentation of missing or incorrect payments.

Federal and state laws and regulations require that the DCSS take many enforcement actions. Many required actions are "automated" through the use of computer databases. If you are required to pay child support to agencies in other counties, please be advised that case information is shared with other LCSA's through a state-wide database. Information is also submitted to the federal case registry and shared with child support agencies in other states.

All cases in which there is an enforceable child support order are reported to credit reporting bureaus (TransUnion, Experian, Equifax). All payments, or missed payments, will be reflected on your credit report beginning 30 days from the date we open the accounts. Therefore, if there is an error in your payment record, it is important that you notify us immediately and provide us with the information necessary to correct the error.

It is to your advantage to remain current in your child support payments and to pay any arrears balance in full as soon as possible. If, because of a change in your circumstances that is expected to last more than three (3) months, and occurred after the child support order was established, you are unable to pay your child support, please contact this office and request a review of the order for a possible modification. You will need to complete paperwork and provide income information for the review.

• If you owe more than $100 in child support arrears, the DCSS is required to take the following actions:


1. Submit the amount owed to the state unemployment/disability program which will result in an intercept of 25% of any benefits you are entitled to receive.


2. Submit the amount owed to the state (FTB) and federal (IRS) tax agencies to intercept that portion of any tax refund (up to the amount of support owed) that you may be entitled to receive.


3. Submit the amount owed to the Franchise Tax Board Full Collection program to check databases for earnings and bank accounts. Even if you are making monthly payments (on your own or by wage attachment) the FTB may continue with this action and attach income or assets to pay the arrears balance.


4. Unless there is a court order that addresses interest in a different way, interest will accrue on the entire unpaid arrears balance at the rate of 10 percent per year. Your payments will be applied first to any current child support you owe, then to interest on the outstanding arrears balance and then to the arrears principal.



• If you do not make a payment for 60 days, your name will be submitted to the Statewide Licensing Match System (SLMS), which will result in the suspension of your driver's or professional license. In order for the DCSS to withdraw the suspension, you must cooperate with the DCSS by signing a payment agreement


• If you owe more than $5,000 in child support arrears, in addition to the actions listed above:
• You will not be able to obtain or renew your passport until you pay off the arrears balance.

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