If you are ordered by the Court to appear, attend the hearing unless you get permission from the Court to be absent.
Only the Court may allow postponement (continuance) or cancellation of your hearing. If you contact CSS requesting a postponement, we will notify the Court of your request but there is no guarantee that it will fulfill your request and the court may continue without you.
OC Superior Court Commissioners will hear your child support matter(s) in a fast-paced court room (between five and fifteen minutes).
Family Law Facilitator
The Office of the Family Laws Facilitator educates and explains options without giving legal advice. Facilitators can assist self-represented people in handling their own child and spousal support cases and completing court forms. Services are provided free of charge and are not connected with our office.
Filing a Motion to Modify Child Support
If your case is open with OC CSS, you can file your own request to modify child support as long as the following steps are completed:
Serve OC CSS with a notice of any action to modify the support order and provide a copy of the modified order within 15 calendar days after the order filed.
The motion to modify a support order must be heard by a IV-D child support commissioner.
Stipulations / Agreements
If your case is open with OC CSS, a stipulated agreement is not valid unless OC CSS has joined in the stipulation by signing it. (Family Code Section 4065(c)). This includes divorce orders with child support, arrears, and any compromise of arrearages.
Filing a Contempt Action
Before filing your own contempt, you must first request permission from OC CSS and strictly comply with California Family Code §17404(f)(2).
At least 30 days prior to filing your own contempt, you must provide OC CSS with a written notice of the intent to file an enforcement action that includes the type of action.
Within 30 days of receiving the notice, OC CSS will either
Provide written consent to proceed, or
Notify you that OC CSS objects to the filing of the action.
If OC CSS does not respond within 30 days, it will be deemed to have given consent.
Any independent contempt actions regarding support issues must be heard by a IV-D child support commissioner.
Ex Parte Notice
To give OC CSS notice of an ex parte notice, you must speak to a OC CSS staff member before 10:00 am on the day prior to the requested hearing. Leaving a voice mail for any OC CSS personnel is not considered proper notice. Contact the Legal Department at (866) 901-3212 and provide:
General nature of the ex parte request
Department, date and time of the hearing
Any paperwork you intend to file for hearing
At the ex parte hearing, inform the court that CSS is enforcing the case, and the case will be assigned to a IV-D courtroom.
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