How to File a Complaint Against Child Support Services in California
Try to resolve your complaint informally., Contact an ombudsperson., Verify that the Complaint Resolution Program can address your complaint., Submit a "Request for Complaint Resolution.", Wait for a response., Request a hearing through the State...
Step-by-Step Guide
-
Step 1: Try to resolve your complaint informally.
If you have not already done so, call or visit your local LCSA and explain your complaint.
The LCSA representative may be able to resolve your issue without the need to file a formal complaint.
You can find a list of contact information for every LCSA office here. -
Step 2: Contact an ombudsperson.
DCSS's ombudspersons act as intermediaries between you and your LCSA.
An ombudsperson can help you get child support services, explain your rights and responsibilities, assist you in filing a complaint against DCSS, and help you request and prepare for a state hearing if you are not satisfied with the outcome of the complaint process.You can find contact information for your local ombudsperson here. , The Complaint Resolution Program can be used to resolve many issues, including:
Complaints about a decision to open or close a DCSS case, failure to establish a court order for child support, collection and distribution of payments, efforts to modify the child support amount, timeliness of service, and efforts to enforce court orders.The Complaint Resolution Program will not be able to resolve disputes about court-ordered amounts of child support or past due payments, custody, visitation, or spousal support or determination of parental relationship; complaints about court services; civil rights violations; and LCSA services in circumstances where you do not have an open child support case.If your issue is not one that can be resolved through the Complaint Resolution Program, you may need to contact the Family Law Facilitator at the court, an advocate, or an attorney for help., This form, numbered LCR0001, is available online here, and contains instructions and additional information about the Complaint Resolution Program.
Use the space provided to describe your complaint as completely and clearly as possible, and attach additional pages if necessary.
Then mail the form or deliver it in person to your LCSA.
You must file your Request for Complaint Resolution with the LCSA within 90 days of the date you knew (or should have known) about the subject of your complaint.Otherwise, your complaint may be dismissed for being too late.
The LCR0001 form is also available in Spanish. , After you submit your complaint, someone other than your caseworker will review your complaint and try to address your issue.The LCSA is required to give you an answer in writing within 30 days.
If the LCSA needs an additional 30 days beyond the first to address your issue, they are required to send you a written notice stating the reason., If you are not satisfied with the response you received through the Complaint Resolution Program, or if the LCSA did not respond to your complaint, you can request a state hearing before an administrative law judge.
To request a state hearing, complete a Request for State Hearing, numbered SH001, and mail it to the P.O.
Box address listed near the top right of the form.
Your local ombudsperson can help you fill out the form and prepare for your hearing.
DCSS will inform you of your hearing date, which will happen within 45 days of the date you filed your request.You must submit your Request for State Hearing within 90 days of when you received a response to your complaint from the LCSA; or if you did not receive a response, within 90 days of the date you filed your complaint.You can designate a friend or family member to represent you at the hearing.
This person cannot serve as your interpreter.
Your ombudsperson cannot represent you in court.The SH001 form is also available in Spanish. , Write a statement or list of facts, including the people, dates, and events involved in your complaint.
If and when the judge asks you to explain your complaint, you can refer to your statement of facts, and even read from it if you need to.
Practice at home, and get used to stating the facts clearly and simply. , Assemble copies of documents that support your case, such as statements and notices.Organize your documents in a binder so that you can quickly locate them and show them to the judge.
You should also bring the original documents, in case the judge needs to see the original, or needs to keep a copy. , Write out a list of witnesses and people who might be willing to speak on your behalf at the hearing.You will need to ensure that these people attend the hearing.
At the hearing, inform the judge that you have prepared a list of witnesses, and identify any witnesses who are present in the courtroom. , Dress professionally and arrive early.
When your case is called, follow the judge's instructions, answer his or her questions, and present your case clearly and succinctly. -
Step 3: Verify that the Complaint Resolution Program can address your complaint.
-
Step 4: Submit a "Request for Complaint Resolution."
-
Step 5: Wait for a response.
-
Step 6: Request a hearing through the State Hearing Program.
-
Step 7: Prepare a statement of facts.Before your hearing
-
Step 8: you will need to prep yourself to present your case.
-
Step 9: Gather evidence.
-
Step 10: Bring any witnesses.
-
Step 11: Attend your hearing.
Detailed Guide
If you have not already done so, call or visit your local LCSA and explain your complaint.
The LCSA representative may be able to resolve your issue without the need to file a formal complaint.
You can find a list of contact information for every LCSA office here.
DCSS's ombudspersons act as intermediaries between you and your LCSA.
An ombudsperson can help you get child support services, explain your rights and responsibilities, assist you in filing a complaint against DCSS, and help you request and prepare for a state hearing if you are not satisfied with the outcome of the complaint process.You can find contact information for your local ombudsperson here. , The Complaint Resolution Program can be used to resolve many issues, including:
Complaints about a decision to open or close a DCSS case, failure to establish a court order for child support, collection and distribution of payments, efforts to modify the child support amount, timeliness of service, and efforts to enforce court orders.The Complaint Resolution Program will not be able to resolve disputes about court-ordered amounts of child support or past due payments, custody, visitation, or spousal support or determination of parental relationship; complaints about court services; civil rights violations; and LCSA services in circumstances where you do not have an open child support case.If your issue is not one that can be resolved through the Complaint Resolution Program, you may need to contact the Family Law Facilitator at the court, an advocate, or an attorney for help., This form, numbered LCR0001, is available online here, and contains instructions and additional information about the Complaint Resolution Program.
Use the space provided to describe your complaint as completely and clearly as possible, and attach additional pages if necessary.
Then mail the form or deliver it in person to your LCSA.
You must file your Request for Complaint Resolution with the LCSA within 90 days of the date you knew (or should have known) about the subject of your complaint.Otherwise, your complaint may be dismissed for being too late.
The LCR0001 form is also available in Spanish. , After you submit your complaint, someone other than your caseworker will review your complaint and try to address your issue.The LCSA is required to give you an answer in writing within 30 days.
If the LCSA needs an additional 30 days beyond the first to address your issue, they are required to send you a written notice stating the reason., If you are not satisfied with the response you received through the Complaint Resolution Program, or if the LCSA did not respond to your complaint, you can request a state hearing before an administrative law judge.
To request a state hearing, complete a Request for State Hearing, numbered SH001, and mail it to the P.O.
Box address listed near the top right of the form.
Your local ombudsperson can help you fill out the form and prepare for your hearing.
DCSS will inform you of your hearing date, which will happen within 45 days of the date you filed your request.You must submit your Request for State Hearing within 90 days of when you received a response to your complaint from the LCSA; or if you did not receive a response, within 90 days of the date you filed your complaint.You can designate a friend or family member to represent you at the hearing.
This person cannot serve as your interpreter.
Your ombudsperson cannot represent you in court.The SH001 form is also available in Spanish. , Write a statement or list of facts, including the people, dates, and events involved in your complaint.
If and when the judge asks you to explain your complaint, you can refer to your statement of facts, and even read from it if you need to.
Practice at home, and get used to stating the facts clearly and simply. , Assemble copies of documents that support your case, such as statements and notices.Organize your documents in a binder so that you can quickly locate them and show them to the judge.
You should also bring the original documents, in case the judge needs to see the original, or needs to keep a copy. , Write out a list of witnesses and people who might be willing to speak on your behalf at the hearing.You will need to ensure that these people attend the hearing.
At the hearing, inform the judge that you have prepared a list of witnesses, and identify any witnesses who are present in the courtroom. , Dress professionally and arrive early.
When your case is called, follow the judge's instructions, answer his or her questions, and present your case clearly and succinctly.
About the Author
Thomas Hart
Enthusiastic about teaching lifestyle techniques through clear, step-by-step guides.
Rate This Guide
How helpful was this guide? Click to rate: