Orange County Grand Jury • 2012-2013

Fixing the Law Cutting Through the Tangle of Child Support and Custody

Published: March 06, 2012 18 pages
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Findings and Recommendations 10 findings

F1
CSS is tasked to establish child support orders in accordance with state guidelines.
No recommendations for this finding
F2
Child Support Court is tasked to make orders setting child support in accordance with state guidelines.
No recommendations for this finding
F3
State guidelines for child support require determination of the percentage of child custody/visitation allotted each parent.
No recommendations for this finding
F4
Orange County’s interpretation of both IV-D and California Family Code § 17000 et al does NOT permit CSS to make orders regarding parental custody.
No recommendations for this finding
F5
Child Support Court is the judiciary organ created to adjudicate issues of child support brought by CSS. FC § 4252 does NOT deny CSS from suggesting orders regarding child custody.
No recommendations for this finding
F6
Denial of either CSS or Child Support Court to make custody orders creates an intolerable hardship on the parents, their children and the California Superior Court system by requiring parents go to Family Law Court to get a custody order and then return to the Child Support Court for a support order.
No recommendations for this finding
F7
An amendment to FC § 17400 specifically authorizing CSS to advocate custody orders would greatly improve both CSS and Child Support Court’s ability to efficiently make child support orders as they are mandated to do by IV-D.
Related Recommendations (1)
R1
CSS should initiate a legislative amendment to FC § 17400 by adding language which would enable CSS to advocate child custody issues before the Child Support Court in order to obtain equitable child support orders. Findings F1, F2,
F8
The County of Orange is in a position to seek legislation authorizing CSS to advocate for child custody orders.
Related Recommendations (1)
R1
CSS should initiate a legislative amendment to FC § 17400 by adding language which would enable CSS to advocate child custody issues before the Child Support Court in order to obtain equitable child support orders. Findings F1, F2,
F9
Continued denial to CSS and Child Support Court to make child support orders is an absolute waste of human effort.
No recommendations for this finding
F10
The federal OFFICE OF CHILD SUPPORT ENFORCEMENT is proposing inclusion of custody/visitation orders in all CSS support orders by 2014 and mandating the same by 2019.
No recommendations for this finding

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

Orange County County