Appearing in court can be an intimidating experience. This section provides an overview of the child support court process and addresses most common concerns.
Both parents will be notified of their assigned court date by phone, through the mail and/or by personal service. Some cases can be settled without having to go to court. If parties would like to settle their case without going to court, they should contact DCSS well in advance of the scheduled court date. If the case cannot be settled, it is strongly recommended that parties appear for the scheduled court hearing.
What to bring
If the case involves establishing a child support amount or modifying the amount of an existing child support order, then please bring:
- A completed Income and Expense Declaration
- Copies of your last three pay stubs
- Copies of last year’s tax return
- Proof of health insurance costs
- Proof of additional child care and/or medical expenses
- Proof of disability and/or disability benefits, if applicable
- Proof of prior incarceration, or current rehabilitation status, if applicable
- Proof of custody, if applicable
- Copies of any restraining order, relative to this case
For those unable to attend the court hearing, it may be possible to request a continuance (i.e. rescheduled court date) or to participate in the court hearing by phone. Click here for information about telephonic hearings.
Location of Hearing
Most hearings will take place downtown at the Central Courthouse. However, hearings related to existing Department of Child Support Services cases in which both parties reside in north San Diego County could be scheduled for the Vista Courthouse (see address below).
Requesting a Continuance
Parties that cannot be present for the hearing and need to request a continuance to appear, you should first attempt to contact the other party to see if they will agree to the continuance. If both parties agree to the continuance, inform DCSS of the agreement and a DCSS representative will request a courtesy continuance from the court. The court will assign a new hearing date and a copy of the “Minutes and Order” with the new hearing date will be mailed to both parties.
If the other party cannot be contacted to arrange the continuance or the other party objects to the continuance and the requestor chooses not to appear, a DCSS representative will inform the court of the request at the time of the hearing. However, DCSS cannot guarantee that the court will continue the hearing. Therefore, choosing not to appear without the agreement of the other party is done so at the requestor’s own risk.
Parking
Parking is not provided by DCSS and can be expensive in the downtown area. Use of public transportation is highly encouraged. Due to time considerations, it is recommended that metered parking spaces not be used.
Checking In
If the court hearing is scheduled at the downtown San Diego Courthouse (220 W. Broadway, San Diego, CA 92101), check in with DCSS at the 5th floor customer service window.
If the hearing is scheduled at the North County Courthouse (325 S. Melrose, Vista, CA), check in with the DCSS office located in the traffic court annex of the court complex. The annex is located just north of the main building next to the library. Proceed into the traffic court annex and turn right down the hallway, exiting through the set of double doors. Once through the double doors, follow the signs to the DCSS office.
Parties should check-in at 8:00 am for morning hearings and at 12:45 pm for afternoon hearings. Inform the customer service representative that you are checking-in for a court hearing. You will be given an information sheet called a Declaration of Facts to complete. Once you complete the Declaration, place it in the designated box. Have a seat in the waiting area to wait for your name to be called to meet with a child support professional.
Wait and meet times will vary. Factors that can affect wait time are the number of cases scheduled for hearings that day, whether or not a case requires the other parent’s presence, and the complexity of the case issues. Plan on blocking out either the entire morning or the entire afternoon for a court appearance, depending upon which court calendar is assigned.
Restraining Orders
If restraining orders are in effect, please indicate this on the Declaration of Facts when checking in. If necessary, arrangements can be made to meet with each party separately.
Meet and Confer
The court requires the parties to check-in and attempt a “meet and confer” with a child support representative. If an attorney represents either party, that attorney must be present.
During the meet and confer process, the representative talks with the parents to review the case. Relatives and friends cannot take part in the meet and confer. However, exceptions may be made if a third party is acting as a translator.
If the parties can reach an agreement, then a DCSS representative will draft a stipulation for each party to sign. A department attorney will also sign this agreement. Each party will receive a copy, and there is no need for either party to go to court. Instead, a DCSS attorney will present the terms of the stipulation to the court and the court will conform (approve) the agreement. Once approved by the court, the agreement becomes a valid court order.
If the parties cannot reach an agreement, the DCSS representative will prepare the case to be heard in court. Each party will be required to read an advisement of rights prior to going to court. The DCSS representative will inform the parties of the time and courtroom for the hearing.
Interpreters
Spanish interpreters are readily available. For other languages, parties are encouraged to bring family or friends who can act as interpreters. However, a court certified interpreter will need to be available during the courtroom proceedings. If assistance in a language other than Spanish is needed, please contact the Superior Court business office in advance of the court date at 619-450-5799.
The Court Hearing
Once in the courtroom, a child support commissioner will hear the case. The commissioner is appointed by the Superior Court to act as a temporary judge to hear all child support cases. The child support attorney presents the case to the court, including each party’s position, to inform the court of any unresolved issues. However, it is important to understand that the child support program attorney does not represent either party.
Once the court is informed of the issues, the commissioner may ask questions of both parties, usually related to income and visitation. Parties are usually not required to take the stand and witnesses are generally not allowed to orally testify in these proceedings. Parties are required to follow all local rules for presenting evidence to the court.
If the commissioner feels enough information is available to render a decision, an order is taken and the clerk of the court will prepare a legal document called a “Minutes and Order” for both parties. The “Minutes and Order” is the written order of the court. Included on the back of the Minutes and Order is payment and contact information.
Should the commissioner feel that more information is needed, he or she will schedule a continuance. A continuance is a re-scheduled court hearing that allows the parties to return to court with the desired information.
If one of the parties does not attend the hearing, a decision could be rendered in default. If the party who filed the motion does not appear, the matter could be removed from the calendar. Depending on the individual case, a bench warrant may be issued if the individual has been ordered to appear, especially in a contempt action.
Please note, the court will not allow anyone under 18 years old to attend the court hearing. Please do not bring children to the hearing.
Telephonic Hearings
Arrangements could be made for a telephonic hearing in those cases that meet one of the following criteria:
- Anyone in San Diego who is physically disabled and unable to attend the hearing in person (ADA forms and court procedures govern)
- Anyone who resides out of state
- Individuals who reside in Northern California
(A telephonic hearing is not available on contempt actions.)
Procedure
No more than one telephonic hearing per courtroom will be scheduled for each morning and afternoon. If you are scheduled to participate in a telephonic hearing, you will be mailed copies of the procedures by the court and/or you will be contacted by a DCSS representative prior to the hearing date.
Requesting a telephonic hearing
If you meet the above criteria under "Telephonic Hearings," select the above link to complete and submit the form entitled "Request for Telephone Appearance" directly to the Superior Court Business Office for review. If you need this form mailed to you, please contact the Superior Court Business Office directly at 619-450-5799.
Any documents that a party to a telephonic hearing requests to be considered by the court must have already been filed with the court and served on DCSS as well as the other party in a timely manner and according to court rules prior to the hearing date.
Parties appearing telephonically must be available by phone two hours prior to the scheduled time for their hearing for a meet and confer. Parties must provide a phone number where DCSS can reach them during this time frame. A DCSS representative will contact the party appearing telephonically on the day of the hearing. After the meet and confer process is completed, the representative will inform the party to call the courtroom directly at the specified time previously established by the court.
If the court is not ready to hear the case at the exact time scheduled for the telephonic hearing, the court clerk may instruct the party calling in to call back in 10-15 minutes.
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