Custodial Party FAQ’s
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Can I get child support if I’m not sure who’s the child father is?

No. Paternity (a legal determination of who the father is) must be established before child support can be ordered. Paternity gives your child many rights, including child support, access to medical records, government benefits and more.


Can I start my case while I’m pregnant, before my baby is born?

No. You may only submit an application for services after your child is born.


Can I still open a child support case even if the other parent has been gone for a long time?

Yes. But the longer the other parent is gone the harder it may be to find them.


Can Paternity be established for my child if the father lives in another state?

Yes.  Solano County DCSS can request assistance from the State where the father lives, including genetic testing, if applicable.


I am on CALWORKS, how is my child support distributed?

Every month, in which a child support payment is made, a notice is mailed showing how much money the non-custodial parent has paid. Each month, the first $50 of current child support is paid to the custodial party. The remainder goes to pay the county for benefits you received.


I have a California support order. The other parent lives in another state. I asked the other state to help me collect child support but that judge lowered the amount, is that legal?

No. The laws known as the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act prevent states from changing another state’s court orders. If the child lives here and an order is issued in California, in most cases, only a California court can make the change.


I received a child support payment but it wasn’t the full amount. Why?

There are many reasons why you may not have received the full amount of child support. There may have been a change in the noncustodial parent’s wages due to changes in their work hours, unemployment, or a disability. In addition, if a noncustodial parent has more than one child support case, federal law requires the child support monies collected be shared among all the current child support cases.


If Solano County DCSS cannot find the non-custodial parent, can I still get CALWORKS or Medi-Cal benefits?

Yes. If you are eligible and cooperate with the Solano County DCSS, you can receive CALWORKS or Medi -Cal benefits while the Solano County DCSS tries to find the non-custodial parent.


May I look at the payment records?

Yes. You may request a record of all payments the non-custodial parent has made. If you are the custodial party and you believe an error exists, you have the right to ask for a review.



My ex-spouse has remarried and has additional children to support. How does this effect the support owed to our children

The amount of the child support order may be decreased if the other parent must also support children from another relationship.



What happens when the non custodial parent has money to pay child support, but still does not pay?

The court may find the non-custodial parent in contempt if that parent has the ability to pay but is willfully not paying child support. This enforcement tool is used only when all others have failed.



What if the father leaves the state before it is proven that he is the father?

The local court may use information they have to decide paternity without him. If paternity is established without the alleged father’s cooperation, the court may order him to pay child support no matter where he lives, even if he is not in California.



What should I do if the non-custodial parent moves away?

Inform the Solano County DCSS when you or the other parent moves, no matter where. If you are the custodial party, your child support case can be transferred to the county or state where you move. Also inform the Solano County DCSS of the non-custodial parent’s new address. Child support can be enforced anywhere in the United States and in some foreign countries.



Why should I bother proving that he is the father if he doesn’t have a job or any money to support my child?

If paternity is not established your child will not be able to get child support or health insurance even after the alleged father gets a job. Proving he is the father as soon as possible makes collecting child support easier later on.