DCSS ("DA") CHILD SUPPORT

Attorney Garrison Klueck has a substantial history of aggressive interactions with government agencies involved with the collection of child support and the establishment of child support orders.  For years attorney Klueck has worked effectively to protect clients from having to pay thousands of dollars claimed by the District Attorney's Office (some of the details are below in this text). More recently, attorney Klueck has moved his focus to work effectively with, and if need be against, the new Department of Child Support Services.

Before we discuss in detail our history of serving our clients and saving them money, first a short history lesson.  From the beginning of California, as a state in the 1850s, up to the year 2000, one of the duties of each County's District Attorney'S Office was to establish orders for and to collect child support.  The District Attorney having this duty still exists in some states.   However, in 1999 the California State Legislature eliminated this duty from the responsibilties of the District Attorney.  The legislature voted to set up a Department of Child Support Services instead to establish and collect child support.  Counties were permitted to make the switch-over on a county-by-county basis starting in the year 2000 and were required to have the task completed by the year 2003.  Attorney Klueck's home County of San Diego made the conversion in October 2001.

Because the District Attorney acted in this capacity for so long, and the conversion happened so recently, many people still refer to government-agency-collected child support as "DA child support."   However, whether you call it "DA child support" or "DCSS child support," it amounts to essentially the same thing.  The government is coming after a citizen (usually a guy) to get that individual to either pay the government, pay back the government or to pay the custodial parent for the support of children.

There are basically two (2) types of cases initiated by the Department of Child Support Services ("DCSS") (formerly the "DA").  There are cases where the custodial parent had received governmental aid (child-related welfare or other governmental benefits such as medical benefits through Medi-Cal).  The custodial parent typically would have received benefits through the TANF program ("Temporary Aid for Needy Families") or its earlier cousin AFDC ("Aid to Families with Dependant Children").  In the first type of case, the government, through the DCSS or DA's Office, is suing an individual to get that individual to pay back the government for money paid by the government on behalf of children for which the respondent (the sued person) is responsible. The second type of case is one where the DCSS is suing an individual to try to establish a child support order on behalf of another individual, the custodial parent.  

As with anything involving the government, this basic pattern can get complicated. There can be variations on the two basic types of cases. There are lots of cases where the custodial parent, at one time, was on aid but later went off of aid.  In such a case, the DCSS then is suing on behalf of the government (to get the government money back) and for the individual custodial parent.  Additionally, they will sue for back support or "arrears"--past support ordered but not paid.  There can be further complications because a given case could involve governmental arrears, current support for an individual custodial parent as well as arrears for the individual. 

On top of all of the above complications, much of the law that applies is from a different Code than non-governmental child support.  Child support, that does not involve the government, is established under the California Family Code ("FC").  Governmental child support is established under the Welfare and Institutions Code ("W&I").  However, the California guideline for child support, is established under the Family Code.  (The guideline is the result of the algebraic formula CS = K[HN - (H%)(TN)] discussed in FC Section 4055.  Do not worry about the formula when you retain us our office has the identical computer software program that the judges have.)

Additionally, the government, alone among all the world's creditors, takes the position that it does not have to calculate all that it claims that you owe it. Very often, the person will pay every penny that the government asked for on its most recent invoice.  The government then contacts the person and says that the person owes a lot more money because the government reserves the right to recompute the bill until after you have paid everything that they previously claimed that you owed.