Law Offices of Michael B. Efron. We are located in Orange County, CA. Experience, trusted, and ready to help you navigate DCSS or any Non-DCSS child support matter.

Dealing with DCSS or your Local Child Support Agencies (LCSA) can be at times very frustrating, unless you understand "the rules" by which they operate. Few family law attorneys have the full depth of understanding on how to deal with DCSS.

I have handled thousands of DCSS cases. After law school, I accepted a position with the Orange County District Attorneys Family Support Division, which eventually became the Department of Child Support Services (DCSS). While there, I served as a prosecutor and handled thousands of cases in andout of court over the course of a single year. I am certified by the California DCSS as a state trainer in child support services.

Compromise of Arrears (COAP) - Non-Welfare

What is a compromise of arrears (COAP)?  In certain child support cases, the law allows for a parent to pay less than his or her total child support debt owed to the government because their child received public assistance during a time that the parent did not pay the court ordered child support.


There are a lot of criteria that have to be checked before a less than full payment can be accepted by Department of Child Support Services (DCSS). If you, or someone you want to help, are interested in the Compromise of Arrears Program (COAP) please contact my office for a free confidential consultation.

Compromise of Arrears (COAP/COA-FR) - Welfare

The Local Child Support Agencies (LCSA) and the State Department of Child Support Services (DCSS) may, under certain circumstances, compromise child support arrearages owed to the government. There are two programs through which a child support obligor may apply to the LCSA for compromise (The application process, criteria and amount of arrears that may be compromised is different for each program.):

1.) "Compromise of Arrearages-Family Reunification” (COA-FR)

2.) “Compromise of Arrears Program” (COAP).

I have compromised hundreds of thousands of dollars in back child support for my client's while in private practice. At the same time, assisted parents in receiving large lump-sum payments from old past due child support.  If you would like to schedule an initial confidential consultation to discuss your DCSS child support matter, call my office today at (714) 779-9800 or (949) 720-0117. You can always  Contact me online.

Client Testimonials:  You did an incredible job. Wow! You reduced the back child support / arrears balance from $128,000 to a compromise of $12,500 with our children’s mother. Our case had been open for nearly 35 years with Orange County Child Support Services and it was you that helped put an end to the madness. I had to write to tell you, thank you - thank you - thank you. I’m definitely going to refer you to others.  – K.J. Orange County

Nature of Contempt Proceeding To Enforce Child and Family Support

The elements needed to be proven by a party seeking to hold a party in contempt for failure to pay child support are:
• A lawful (valid) order of the court;
• Citee had knowledge of the order; and
• Citee did not comply with the order.CCP §1209.5):

Orders Enforceable by Contempt

• The following court orders are enforceable by contempt:
  
  • Current child support.
  
  • Family support.
  
  • Spousal support.
  
  CR 638 CCP §1209.5.People v Dilday (1993) 20 CA4th Supp 1, 3, 25 CR2d 386.Mossman v Superior Court (Mossman) (1972) 22 CA3d 706, 712, 99(citee must raise inability to pay as a defense); Sorell v Superior Court(Kieser) (1967) 248 CA2d 157, 161, 56 CR 222
  
  • Orders for the payment of necessary attorney fees and costs. CA3d 793, 796, 85 CR 220
  
  • Arrears. .In re Hendricks (1970) 5.Fam C §150 (support includes past due support or arrearage); see §204.51.204–9 AB 1058 Child Support Proceedings: Enforcing Support §204.6• Contempts against employers who fail to obey orders directed to them to enforce courtorders against their employees (e.g., wage assignments, health insurance assignments).Fam C §§3768(b), 5241(c)
  
  • Job training and seek work orders. 420, 423, 71 CR2d 215
  
  The following orders are not enforceable by contempt; see §204.53.Moss v Superior Court (Ortiz) (1998) 17 C4th 396,; see §204.56.:• Debts. See 856
  
  • Contractual obligations not merged into the judgment. Cal Const art I, §10; People v Smith (2000) 81 CA4th 630, 642, 96 CR2d.Plummer v Superior Court(1942) 20 C2d 158, 164, 124 P2d 5 agreement).(nonmerged provisions of marital settlement

DRIVER LICENSE SUSPENSION FOR FAILING TO PAY CHILD SUPPORT

One of the most successful enforcement tools is the statute which allows DCSS to cause the suspension of delinquent obligor parents’ California Drivers License and other professional licenses. Family Code §17520.


If you find yourself in this position, contact my office to discuss the many ways in which you can request DCSS to release your licenses. If they refuse or your not able to comply with their demands, then my office can assist you with the filing of  a motion for judicial review of the local child support agency’s decision not to release, in the Superior Court.


If you would like to schedule an initial confidential consultation to discuss your DCSS child support matter, call my office today at  (714) 779-9800 or (949) 720-0117. You can always  Contact me online.

PASSPORT RESTRICTION AND RELEASE REQUESTS

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) requires the Department of State to refuse to issue a passport to any person who owes more then $2,500.00 in back child support. Specifically 22 CFR 51.70(a) (8).


Please note the following: The California Family Law Courts do not have jurisdiction to rule on the federal passport issue directly. There is no statute that authorizes court intervention when an obligor has been certified as delinquent in child support. Family Code §17800 sets forth the complaint resolution process as the only remedy available to an obligor who believes he or she has been reported in error.

Law Offices of Michael B. Efron. We are located in Orange County, CA. Experience, trusted, and ready to help you navigate DCSS or any Non-DCSS child support matter. 

If you would like to schedule an initial confidential consultation to discuss your child support matter, call my office today at (714) 779-9800 or (949) 720-0117. You can always  Contact me online.