Sep. 30, 2014

Child Support

Obtaining an Order

You will need an active family law case to obtain an order for child support or, if you do not have an active case, you may file one of the following

  • A Petition for Dissolution, Legal Separation or Nullity, if you are married to the other parent;
  • A Petition to Establish Parental Relationship (paternity), if you are not married to the other parent;
  • A Petition for Custody and Support.

Available Assistance

The following may be of assistance to you if you need to obtain an order for child support

  • You can contact an attorney to represent you. An attorney can give you legal advice about important rights that you may have.
  • You can contact the Yolo County Child Support Services. They can only help you with child support.
  • You can represent yourself. You may wish to contact the Family Law Facilitator who can provide information and assistance in completing, filing an serving the necessary documents. See the Court Facilitator site for more information as to the services that are available.

Request for Order

A Request for Order can be filed if you have an active case with the court or at the time you file a Petition for Divorce, Legal Separation, Nullity or Parental Relationship. This will allow you to schedule a hearing date for your child support issues. A Request for Order can be used to request:

  • Child or spousal support orders or to request a change to already existing orders;
  • Modification of an existing order for support;
  • That a Default Judgment in a Yolo County Child Support case be set aside. There are special rules involved in this type of case and you should seek legal assistance.

The following forms are available for use in filing an Request for Order:

  • Request for Order, FL-300
  • Application for Order and Supporting Declaration, FL-310
  • Income and Expense Declaration, FL 150
  • You will need to serve the other party with these documents:
  • Proof of Personal Service, DV-140
  • Responsive Declaration to Request for Order or Notice of Motion, FL-320
  • A blank Income and Expense Declaration, FL-150

These documents can be downloaded from the California Courts Online Self Help Center. They are also available for a minimum fee at the Civil Division in Room 103 of the Courthouse.

Preparing and Filing the Forms

PREPARING THE FORMS

You may complete the forms by neatly printing the information in blue or black ink. Be sure to use the same title and number of the case if you are requesting an Request for Order for an active Yolo County case. Make three copies of the completed forms—one for you, one for other party, and one for Yolo County Family Services if that agency is involved.

FILING THE FORMS

You will need to take the completed forms to Room 103 of the Courthouse to be file. The clerk will examine the documents to determine if they have been completed correctly and will file stamp your original and copies. The original will be retained by the court and the copies returned to you. The other party will need to be served one of the copies. There is a fee for filing the forms unless you have received a waiver of court fees.

Serving the Documents

An endorsed/filed copy of the following documents must be delivered personally to the other party and to Yolo County Family Services (if that agency is involved) at least 21 days before the hearing date:

  • Request for Order
  • Application for Order and Supporting Declaration
  • Income and Expense Declaration

In addition, a blank Responsive Declaration and a blank Income and Expense Declaration must be included with the documents served.

YOU CAN NOT SERVE THE PAPERS YOURSELF.Service must be done by a person over the age of 18 years who is not a party to the case. You may contact a professional process server or the Yolo County Sheriff's Civil Division to serve the documents. The person delivering the papers to the other party must complete a Proof of Service declaring that he or she delivered the papers to the other party. The original Proof of Service must be filed in the Civil Division in Room 103 of the Courthouse as soon as possible after service is complete and at least 10 days before the hearing. You should take a filed copy of the Proof of Service with you to the hearing.

The Hearing

Arrive early. Do not forget to bring copies of all papers in your case including: Your copy of the filed Proof of Service, and any supporting documents such as pay stubs for the last three months, tax returns for the previous year, child care receipts and anything else that will help prove the information in your Income and Expense Declaration. When you arrive at the courtroom, you must check to make sure that your name is on the calendar for that day and time. If you are not listed, show your papers to the bailiff inside the courtroom. After the hearing you must prepare and file a document which states what the court orders. You may use a Findings and Order After Hearing and/or an Order/Notice to Withhold Income for Child Support, as appropriate. They need to be delivered to the filing clerk in Room 103 of the Courthouse.

Establishing Parental Relationships (Paternity)

GENERAL INFORMATION

An unmarried parent may file a case to establish a legal parent-child relationship between the unmarried parent and the child or children.  It is necessary to establish parentage to resolve other issues such as child support, health insurance, child custody, visitation, name change, reimbursement of allowable expenses, and restraining orders.

PLACE OF FILING

The county in which the child resides or is found is the county in which a paternity action must be filed.  If a case has been started in another county, you need to see the Family Law Facilitator for assistance.

MINOR PARENTS

A minor, who is a parent of a child who is the subject of a parentage petition, does not need a guardian ad litem appointed for them in the case unless, the parent is unable to understand the proceeding.

CHILD SUPPORT

Review the Child Support section for information for obtaining or modifying child support.

FORMS

A packet of forms to Establish Parental Relationship may be obtained from the Civil Process Clerk in Room 103 of the Courthouse. In addition, forms may be downloaded from the California Courts Online Self Help Center. The following is a list of those forms:

  • Petition to Establish Parental Relationship
  • Summons (Uniform Parentage Act)
  • Declaration Under Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA)
  • Response to Petition to Establish Parental Relationship
  • Proof of Service

In addition, you will need to complete the Family Information Form. This is a local form.

FILING DOCMENTS AND FEES

You may file your documents in person in Room 103 of the Courthouse, or you may mail your documents. A date for a hearing will be assigned by the Court as required by law and the availability of dates on the Family Law Department's calendar. If you are filing a restraining order, it is recommended that you file in person in order to expedite the matter.

>You must observe the following when filing documents:

  • All documents presented for filing must be legible and either typed or printed.
  • There must be three copies of each document
  • If you mail documents, you must include a self-addressed stamped envelope to have your copies returned to you
  • Documents must be pre-punched at the top of the documents with the standard two-hole position
  • Include all filing fees.  If you pay with a check which is returned for non-sufficient funds, your filings will be voided if that check is not paid within 20 days after you are notified that the check was returned.

If you are unable to pay fees and costs, you may ask the court to waive those fees and costs by completing a Request to Waive Court Fees and Costs.

CONFIDENTIALITY

All papers and records, except the final judgment, may be inspected only by the parties to the action and their attorneys of record.

Notice: Yolo County Department of Child Support Services is offering their services Monday – Friday 8:30 a.m. to 12:00 noon at the Yolo Superior Court Family Law Facilitator/Self-Help Center.

© 2014 Superior Court of California - County of Yolo