|
|
|
State Hearing Process Your rights to a State Hearing
You have a right to a State Hearing if you have gone through the Complaint Resolution process and:
- The local child support agency does not respond to you within 30 days after receiving your complaint.
IMPORTANT: Your request for a State hearing must be made within 90 days after you complained to the local child support agency.
- If the local child support agency does respond to you within 30 days after receiving your complaint, and you are not satisfied with the local child support agency’s response to your complaint.
IMPORTANT: Your request for a State Hearing must be made within 90 days after you received the local child support agency’s written response to your complaint.
- You can request a State Hearing by sending a written Request for State Hearing (Form SH001) to the State Hearing Office. You can contact the State Hearing Office toll free at 1-866-289-4714, or write to the Department of Social Services, State Hearing Office, 744 P Street, MS 19-98, Sacramento, CA 95814 to request Form SH001.
- The State Hearing Office will let you know the date, time and place of your State Hearing and will provide an interpreter or disability accommodation for you at the hearing if you need one.
State Hearings will only be granted for the following issues:
- An application for child support services has been denied or has not been acted upon within the required timeframe.
- The child support case has been acted upon in violation of federal, state law/regulation or Department of Child Support Services policy letter, including services for the establishment, modification and enforcement of child support accountings.
- Child support collections have not been distributed, or have been distributed incorrectly, or the amount of child support arrears, as calculated by the local child support agency, is inaccurate.
- The local child support agency’s decision to close a child support case.
The following issues CANNOT be heard at a State Hearing:
- Child support issues requiring a motion, order to show cause, or appeal in court.
- A review of any court order for child support or child support arrears.
- A court order or equivalent determination of paternity.
- A court order for spousal support.
- Child custody or visitation determination.
- Complaints of alleged discourteous treatment by a local child support agency employee, unless such conduct resulted in a hearable action or inaction.
|