Complaint Resolution in Child Support

Division 17, Chapter 5 deals with complaint resolution in support services. Section 17800 requires each local child support agency to maintain a complaint resolution process. The department must specify by regulation uniform forms and procedures that each local child support agency must use in resolving all complaints received from custodial and noncustodial parents.

A complaint must be made within 90 days after the custodial or noncustodial parent affected knew or should have known of the child support action complained of. The local child support agency must provide a written resolution of the complaint within 30 days of the receipt of the complaint. 

Section 17801 provides that a custodial or noncustodial parent who is dissatisfied with the local child support agency’s resolution of a complaint must be accorded an opportunity for a state hearing when one or more of the four specified actions or failures to take action by the department or the local child support agency is claimed by the parent.

Prior to requesting a hearing, the custodial or noncustodial parent is required to exhaust the complaint resolution process required, unless the local child support agency has not, within the 30-day period required by that section, submitted a written resolution of the complaint. If the custodial or noncustodial parent does not receive that timely written resolution, the custodial parent may request a hearing.

A hearing must be provided when the request for a hearing is made within 90 days after receiving the written notice of resolution or, if no written notice of resolution is provided within 30 days from the date the complaint was made, within 90 days after making the complaint.

A hearing must be set to commence within 45 days after the request is received by the state hearing office, and at least 10 days prior to the hearing, all parties must be given written notice of the time and place of the hearing. Unless the time period is waived by the complainant, the proposed hearing decision is to be rendered by the state hearing office within 75 days after the request for a state hearing is received by the state hearing office.

Thereafter, the department has 15 days from the date the proposed decision is rendered to act upon the decision. When a hearing is postponed, continued, or reopened with the consent of the complainant, the time for issuance of the decision, and action on the decision by the department, is extended for a period of time consistent with the postponement, continuance, or reopening.

Pendency of a state hearing does not affect the obligation to comply with an existing child support order. A child support determination that is subject to the jurisdiction of the superior court and that is required by law to be addressed by motion, order to show cause, or appeal under this code is not subject to a state hearing under this section.

The local child support agency must comply with, and execute, every decision of the director rendered pursuant to this section. The director is required to contract with the State Department of Social Services or the Office of Administrative Hearings for the provision of state hearings in accordance with this section.

Section 17803 allows the custodial or noncustodial parent, within one year after receiving notice of the director’s final decision, to  file a petition with the superior court for a review of the entire proceedings in the matter, upon questions of law involved in the case. The review, if granted, is the exclusive remedy available to the custodial or noncustodial parent for review of the director’s decision. The director is the sole respondent in the proceedings.

Section 17804 requires each local child support agency to establish the complaint resolution process. The department must implement the state hearing requirements specified.