Child Support Commissioners

California’s Family Code, in Division 9, Part 2, Chapter 2, Article 4 deals with child support commissioners. Section 4250 includes five specified legislative findings and declarations.

Section 4251 requires each superior court provide sufficient commissioners to hear Title IV-D child support cases filed by the local child support agency. The number of child support commissioners required in each county is determined by the Judicial Council.

All actions or proceedings filed by the local child support agency in a support action or proceeding in which enforcement services are being provided for an order to establish, modify, or enforce child or spousal support, including actions to establish parentage, must be referred for hearing to a child support commissioner unless a child support commissioner is not available due to exceptional circumstances.

The commissioner acts as a temporary judge unless an objection is made by the local child support agency or any other party. The Judicial Council developed a notice that is included on all forms and pleadings used to initiate a child support action or proceeding that advises the parties of their right to review by a superior court judge and how to exercise that right.

The parties are also advised by the court prior to the commencement of the hearing that the matter is being heard by a commissioner who acts as a temporary judge unless any party objects to the commissioner acting as a temporary judge. While acting as a temporary judge, the commissioner does not receive compensation other than compensation as a commissioner.

The commissioner, where appropriate, must perform any of six specified tasks. The commissioner is required to join issues concerning custody, visitation, and protective orders in the action filed by the local child support agency.

Section 4252 requires the superior court to appoint one or more subordinate judicial officers as child support commissioners to perform the duties specified. The child support commissioners’ first priority always is to hear Title IV-D child support cases. The number of child support commissioner positions allotted to each court is determined by the Judicial Council in accordance with caseload standards developed. In addition, the Judicial Council is required to eight specified tasks.

Section 4253 states that, when hearing child support matters, a commissioner or referee may enter default orders if the defendant does not respond to notice or other process within the time prescribed to respond to that notice.