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Child Support
Verification
SB 380 requires that the child support payment received on behalf of a step/half-sibling must exceed that child’s CalWORKs cash aid amount. Proof of the amount of child support paid on behalf of the step/half-sibling is required in order to determine eligibility to exclude the child’s needs from the AU’s MAP determination. Parents/caretaker relatives are responsible for showing proof of the amount of child support received for the child(ren) whose needs they wish to exclude.
There are many ways to verify the amount of child support received. Child support does not need to be received from the Department of Child Support Services (DCSS in order for a parent/caretaker relative to opt children into the provisions of this rule.
Parents/caretaker relatives can show proof of child support received by submitting one of the following (but not limited to):
- An allocated (per child) court order for child support, if one exists;
- Copies of checks received from the NCP;
- A written statement signed by the NCP;
- Monthly statements of child support sent by the DCSS;
- A sworn affidavit in the absence of any of the documents listed above.
Note: Child support court orders are not required. However, applicants and recipients are required to cooperate with child support assignment and cooperation (unless good cause exists).
Determination of Child Support Income
How to Determine if a Child Support Order is Allocated or Unallocated:
Sometimes the child support order will appear to be clear on the amount of child support awarded for each child named in the court order. Other times an order may look unallocated when it actually does provide specific amounts of monthly child support for each child. It is possible that an DCSS might have entered an order as unallocated but it should be considered allocated and needs to be updated.
- Allocated: Court order lists three children and has a net figure for support for all three. There is no language stating that the order is unallocated or non-severable. Attached to the order and thus incorporated by reference is a DissoMaster or other program printout with support for three children, and the total figure matches that on the Judicial Council order form. This order should be treated as allocated.
- Unallocated: Court order lists three children and has a net figure for support for all three. There is no language stating that the order is unallocated or non-severable. There is no attached support calculation. This order should be treated as unallocated.
- Unallocated: Court order lists three children and has a net figure for support for all three. The order includes language that the order is non-severable. Attached to the order is a DissoMaster or other program printout with support for three children, showing allocation amounts and the net support matches the order. This order should be treated as unallocated.
Sometimes the information is included in an attachment to the court order using a DissoMaster (calculation method) or some other attached document. If the verification submitted is unclear, ask the applicant/recipient if they have additional pages or attachments with their child support court order.
If the applicant/recipient does not have their court order or does not have any additional pages/attachments, contact DCSS for clarification. DCSS may provide the information either by phone while the applicant/recipient is in the office, through email or by providing a copy to the applicant/recipient. If verification is accepted over the phone, thorough documentation in case comments with the details of the conversation and the amount of child support received as well as the name, title, contact information and office name/location of the DCSS providing the verification.
AU’s that provide an unallocated child support order must have the child support order modified to reflect a per-child support allocation in order to exclude a child from the CalWORKs grant.
Child Support Referrals
The DCSS CSE system will continue to receive automatic referrals when a CalWORKs AU has chosen to exclude a child from the CWs grant. Electronic transmissions and updates to the interface will occur to confirm that a child has been excluded from the CalWORKs grant and no further action is required from the Eligibility Worker.
Child Support Non-Cooperation-Good Cause
SB 380 did not change the good cause reasons or rules for child support non-cooperation in the CalWORKs program. The existing good cause reasons and methods of determining good cause apply to applicants and recipients choosing to exclude a child(ren)’s needs from the AU’s MAP determination under this policy.
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