The Governments Role

Your Legal Relationship with the Department of Child Support Services

Our Department's goal is to get a fair and equitable child support order.  In order to meet this goal, we do not represent either parent or the child(ren).

Parents have the right to seek legal advice from a private attorney or legal aid group at their own expense any time.

The Family Law Facilitator

The Family Law Facilitator (FLF) is an attorney who works for the Superior Court.  Every county has a Family Law Facilitator, to provide child support information and assist parents.

In San Bernardino County, the Family Law Facilitator is located in the offices of Family Court Services, at the following addresses:

For further information concerning the Superior Court and the Family Law Facilitator in San Bernardino: 

http://www.co.san-bernardino.ca.us/Courts/

Appearing in Court

Depending upon the circumstances of your child support case, you may be required to appear in court.  This can be intimidating, but is an important part of the child support process.  The following information will help you prepare for your court appearance and should lessen any unnecessary anxiety you might feel regarding your hearing.

• Before the Hearing
  • Contact your child support officer and make sure you have the correct date, time and location of the hearing.  Ask any last minute questions that you may have.
  • Write down what you want to tell the Commissioner at the hearing.  Make it as brief as possible, staying focused on the issues in question.
  • Bring with you to court all documents that might help you prove your side of the case, and make three copies of each.  These items will include verification of your income, visitation schedule, copies of other child support orders and verification of other biological children in your home.
  • If possible, make arrangements for your children to stay with someone while you are in court.
• At the Hearing
  • Arrive a few minutes early, and remember to give yourself plenty of time to find the courthouse, locate parking, etc.
  • Dress and act in a professional manner.
  • Be sure to turn off cell phone, pager, etc. before entering the courtroom.  If you need to answer your cell phone, step outside the courtroom to do so.  The courthouse does not allow camera phones in the building- please leave these in your car.
  • A child support officer will interview you and the other party/parent concerning the relevant facts of the case prior to the hearing.  Please make sure that you have all documentation ready for them as they will be preparing the "hearing packet" for the Commissioner's review.  The child support officer can only assist you with issues that are listed in your court paperwork.  The child support officer cannot help you with problems with custody and visitation - for those issues please contact the Family Law Facilitator.
  • Step outside of the courtroom to carry on any conversations with companions, your attorney or child support staff.
• When Your Case is Called for Hearing
  • Come forward to the tables in front of the Commissioner.  Each party will sit on one end of the table.   The child support attorney will give you directions as to your exact seat.
  • Wait until the Commissioner addresses you before you speak.
  • Never make remarks to the other party.  Always address your comments to the Commissioner.
  • Never argue with or interrupt the other party.  Remember, you will be given a chance to respond to comments made by the other party.
  • When presenting your side of the case, be as brief and to the point as possible.  It is less confusing for everyone and helps the Commissioner focus on the issues you are presenting.
  • Do not argue with or interrupt the Commissioner.  It will not help you, and might hurt your case.
  • Always address the Commissioner as "Your Honor".
  • When you present your case, tell the Commissioner about any document you want the court to consider, and hand it to the Department of Child Support Services Attorney.  He or she will review it, and then hand it to the bailiff to give to the Commissioner.  Do not attempt to approach the Commissioner yourself.
  • If you have a question after the Commissioner has made a decision, you can address the court by saying something like, "Excuse me, Your Honor, I have a question", and you will be given the opportunity to speak.
  • Try not to be nervous when you appear in court.  Just remember to be polite, stick to the issues at hand, and avoid interrupting or making any remarks to the other party/parent.
• Important Things to Remember
  • Both parents are mutually responsible for the support of their children.
  • The amount of child support a person must pay is not random.  There is a mathematical formula (a "guideline") that is used to determine how much a person must pay.  California law states that the Commissioner must follow the guideline formula except under very specific conditions that can be found in California Family Code section 4057.  These specific conditions do not apply to most child support cases.
  • The guideline formula is based on a number of factors, including, but not limited to:
    1. Custody and visitation time
       
    2. Wages and salaries of both parents
       
    3. Tax filing status of both parties and number of exemptions claimed
       
    4. Other types and amounts of income of the parties
       
    5. Child support paid for children of other relationships
       
    6. Number of children from other relationships in either home
       
    7. Childcare receipts

Court Attire —

You are required to wear ordinary street clothing in the courtrooms, such as suits, shirts, long pants, dresses, blouses and skirts.

YOU MAY NOT WEAR HATS, SUNGLASSES, SHORTS, SKORTS, CULOTTES, TANK TOPS, HALTER TOPS, STRAPLESS DRESSES OR TOPS, DRESSES OR TOPS WITH LINGERIE STRAPS, AND NO BARE MIDRIFFS.

Important Links —

We will open a case when you complete an application for services.  You can get an application from our office.

• The Governments Role
• Paternity Dis-Establishment (AB 252)
• Franchise Tax Board Collections
  (AB 1752)
• Soldiers and Sailors Civil Relief Act