Your browser does not support scripting. This website may not display correctly.
Self Help Services
Self Help Services
Superior Court Home Page     Self Help Site Map     Family Court Site Map

Alameda County Superior Court
Family Court Self Help

Child Support

This section tells you about:

  1. How to get an Order for Child Support

    To get an order for child support, you must first file a case with the Court. If you do not have an existing case, you need to file one:

    Alternatives:

    • If you ARE MARRIED to the other parent, you can file an action for divorce or legal separation. If you do not want to file for divorce or legal separation, you can file a Petition for Custody and Support of Minor Children and Summons.

    • If you are NOT MARRIED to the other parent, you must file a parentage action. This means you are asking the court to say who the other parent is. You are also allowed to ask for child support, custody and visitation orders at the same time.

    • If you are asking for a Domestic Violence restraining order and also need child support, click here.

    • You can contact the Alameda County Department of Child Support Services (ACDCSS) to open a child support case for you for free.

    Here are ways you can ask the court for an order:

    • Ask a lawyer to help you.
      You can look for a lawyer in the phone book or call the Lawyer Referral Service of the Alameda County Bar Association.

    • Contact the Department of Child Support Services (ACDCSS) at: http://www.acgov.org/css/index.shtml·

    • Do it yourself:
      You can buy self-help divorce books, Family Local Rules for Alameda County, and legal forms at book stores, stationery stores or printing companies. Or, download Family Forms from the Judicial Council's web site.

    • Contact the Family Law Facilitator
      You can get assistance in preparing papers to obtain a court hearing. If you and the other parent have an agreement about the amount of child support to be paid, the Family Law Facilitator may be able to help you write and file that agreement.

    • Contact a Legal Document Preparer:
      You can find a Legal Document Preparer in the phone book. They are not attorneys and they cannot represent you in court but they can prepare the legal documents you need.

    2. top of page

  2. How to file an Order to Show Cause (OSC)

    This section tells you about:

    • What is and when to use an Order to Show Cause (OSC)
    • Forms you will need
    • How to fill out and file the OSC forms
    • Other things you should know…

      • What is and when to use an Order to Show Cause (OSC)

      When you file your divorce, legal separation or parentage case, you can also file a motion called an Order to Show Cause (OSC) to obtain temporary orders for custody, visitation and support. An Order to Show Cause is a court order for the other party in your case to come to Court.

      You can file an OSC to:

      • Ask for temporary child orders when you first file your parentage, divorce, or legal separation case
      • Ask for child support orders in an existing case
      • Ask for a change to your current orders, or
      • Ask to cancel ("set aside") a default judgment (a judgment that was made when you didn't respond to legal papers or appear in court) in a Department of Child Support Services child support case. If the court cancels the judgment, they will tell you what you owe for current and past child support (arrears).

      Forms you will need:

      If you are the person filing the Order To Show Cause (called the "moving party"), you must fill out these forms.

      Order to Show CauseForm FL-300
      Application for Order and Supporting DeclarationForm FL-310
      Financial Statement (Simplified) orUse if you are only asking for child support: Form FL-155
      Income and Expense DeclarationUse if you are also asking for spousal support or attorney fees: Form FL-150
      You will also need the following forms for serving these documents on your spouse:

      • Proof of Personal Service (Form FL-330)
      • Responsive Declaration To Order To Show Cause Or Notice Of Motion (Form FL-320)
      • A blank Simplified Financial Statement (Form FL-155) or
      • A blank Income and Expense Declaration (Form FL-150)

      There are 2 ways to fill out your own forms:

      • Print the form on a printer, then print neatly in blue or black ink; or
      • Fill out the form online using the links above, and print the filled-out form

      top of page

      How to Fill Out, File and Serve the OSC Forms:

      Step 1: Fill out the forms:
      If you have an existing case, no matter how old, use the same case title. After you fill out your forms, make 3 copies (for you, the other party, and one extra).

      Step 2: File the forms:
      Take your completed forms to your local court’s clerk’s office and ask for a hearing date. They will file your papers. If you do not have a current fee waiver on file you will be expected to pay a filing fee.

      Step 3: Serve the documents:
      You must serve the other parent with endorsed/filed copies of the court forms at least 21 days before your hearing (or sooner if the Judge says so). Someone over 18 — not you — must personally serve the other parent.

      And, if the Department of Child Support Services is collecting child support, someone over 18 — not you — must personally serve it.

      These are the forms you must serve:

      • Your Order To Show Cause
      • Your Application for Order and Supporting Declaration
      • Your Simplified Financial Statement or Income and Expense Declaration
      • A blank Responsive Declaration
      • A blank Simplified Financial Statement or Income and Expense Declaration

        • Remember: You cannot serve the papers yourself.

        Your papers must be served by an adult (over 18) who is not involved in your case. OR, hire a professional process server to serve your papers. (See your phone book.)

        The person who serves the papers must complete a Proof of Personal Service (form FL-330). The proof of service says he or she delivered the papers to the other party.

        top of page

        Step 4: File the Proof of Service:
        File the original proof of service at the Court Clerk’s office as soon as possible. This should be done before your hearing. Bring a filed copy of the proof of service to your hearing. If you can't file the proof of service before the hearing, bring the original to your hearing.

        Step 5: Go to your hearing:
        Come to Court early. Look for your name on the court calendar. The calendar is on the wall outside the courtroom door. Make sure your case is listed on the calendar. If it is not listed, and your papers say this is the right date and time, show your papers to the clerk of the department.

        Remember: Bring copies of all the papers in your case (especially the ones you filed to get this Court hearing), your copy of the filed proof of service, and any other papers that support your case, like pay stubs for the last 3 months, tax returns for the previous year, child care receipts, and anything else that supports the information in your Simplified Financial Statement or Income and Expense Declaration. If you are self-employed, bring papers that show how much money your business is making.

        If you have any witnesses, make sure they come, too.

        Step 6: After the hearing:
        You are responsible for preparing a written order that states what the Judge has ordered at the hearing. You can come to the Family Law Facilitator’s Office for information on how to prepare the order, or you can contact an attorney for assistance or a legal document preparer.

        Other things you should know...

        Amount of Child Support:
        The Judge will follow the child support laws ("guideline") to decide how much child support should be ordered.

        Health Care:
        When you ask for child support, the Judge can make orders about who pays your child(ren)'s health insurance (this includes vision and dental) and how the parents share the health care costs not paid for by insurance.

        Child Care:
        When you ask for child support, you can also ask the other parent to share your child(ren)'s child care costs.

        Child Support Payments
        Child Support is usually paid from a parent's paycheck (withholding). To do this, you must file an Order/Notice to Withhold Income for Child Support (FL-195). Employers cannot fire employees because child support comes out of their paycheck.

        Help:
        For assistance, you can visit a lawyer, a legal document preparer, or do it yourself and the Family Law Facilitator can review it.

        top of page

  3. How to increase or lower child support

    If you want to ask the Judge to change the child support (higher or lower), you have to file the correct court forms in your court case. It does not matter how old your case is. The law says you must show that circumstances have changed since the last order.

    To change the amount of support, you can:

    • Talk to a lawyer
    • Contact a legal document preparer.
    • Ask the Alameda County Department of Child Support Services (ACDCSS) to help you
    • Do it yourself. You can buy a self-help book or legal forms and instructions that explain how to file an Order to Show Cause to change child support. You can get these forms on the Judicial Council's web site.
    • Contact the Family Law Facilitator. If you and the other parent have an agreement, or think you can make an agreement on the amount of child support, they can help you write up your agreement. (They cannot help you write up an agreement if the Department of Child Support Services is collecting child support in your case.)

    top of page

  4. How to reinstate (get back) your driver's license (or other professional license)

    If you do not pay court-ordered child support, your license can be suspended. To get your license back, contact the Department of Child Support Services. If that doesn’t work, ask the Judge to order the Department of Child Support Services to give you your license back. To do this, file a Notice of Motion for Judicial Review of License Denial (Form FL-670). Filing this form does NOT change how much child support you must pay. To change your support order, file an Order to Show Cause.

    Here’s how you file your Notice of Motion for Judicial Review of License Denial.

    • Fill out the Notice of Motion for Judicial Review of License Denial form (Form FL-670). Use the same case number and case title. You and the other parent will always be called Petitioner or Respondent as you were in the first papers filed.

    • Make 2 copies of your form (1 for you, the other for the Department of Child Support Services). The original is for the Court file.

    • Go to the nearest Court Clerk’s office and ask for a date for your hearing. At the hearing, you will tell the Judge why you should get your license back. You will be charged a filing fee unless you have a current fee waiver on file with the court. You can look at the court’s fee schedule to see how much you will have to pay.

    • If you don’t have enough money to pay the filing fee, and do not have a current fee waiver on file, ask the clerk for an Application for a fee waiver packet.

    • Serve the papers - Serve the papers on the Alameda County Department of Child Support Services (ACDCSS)

    • Get ready for your hearing - On the date of your hearing, you will probably have to wait a long time. Sometimes, it takes more than half a day. DO NOT bring children.

    top of page

  5. Frequently Asked Questions

    Is my spouse's income going to be counted for child support?
    The Court usually uses the parents' incomes only to calculate child support. But, the Court can ask about your spouse's income for tax or other purposes.

    How do I stop my employer from taking child support out of my paycheck when my child turns 18?
    You must file an Order To Show Cause to ask the Court to stop taking money out of your pay. If the Court approves, the Judge will sign a new wage withholding order for $0. You can take this to your employer.

    Do I still have to pay child support if I have 50/50 custody?
    If you make more money than the other parent, you may still have to pay some child support.

    Will the Court consider that I have other children to support?
    The Court can give you credit for other child support orders and for other children in your home that you support. The Court usually does not give credit for stepchildren, or grandchildren.

    Will I pay less child support if I have the child(ren) more often?
    The amount of time that the children are with you is a factor in calculating child support.

    How long do I have to pay child support?
    You will pay until the child is 18 years old, if he or she graduates from high school. If your 18-year-old child is still a full time high school student and still lives with a parent, you must pay child support until your child graduates or turns 19.

    Do I have to pay the interest on past due child support?
    Usually, the Court cannot reduce or cancel interest on past due child support. Talk to a lawyer.

    How do I stop them from taking half my paycheck?
    If your employer is deducting 50% or more of your check, you may have an arrears (past due child support) balance. First, contact the Alameda County Department of Child Support Services (ACDCSS) to see if you can make other arrangements. If that does not work, you can file court forms to ask a judge to set a payment that you can afford.

    What if the other party does not pay the child support?
    Talk to a lawyer or visit the Family Law Facilitator.

    top of page

    6. © 2004 Superior Court of California County of Alameda