The Real Cost of Free

Should You Use Child Support Services or a Lawyer in California?

3 panel image showing a front door of an office building, a mailbox, and a lobby service window
Department of Child Support Services Building, Santa Clara. Image Credit: Public Domain via SCDCSS

If you're navigating life as a separated or single parent in California, you may be asking:

“Is going through Child Support Services the easiest and best way to get child support?”

Many parents aren’t sure whether to work with California’s Child Support Services or hire a private family lawyer. The truth? Both paths have their strengths and drawbacks — and depending on your situation, one might be a better fit.

But those aren’t your only choices.

Some parents choose not to go through the state or a lawyer at all. They set up informal child support and custody arrangements between themselves. If they communicate well and have mutual respect, it can work. In fact, the mere threat of involving a lawyer or the state can sometimes motivate both parties to cooperate better.

But that route depends entirely on both parents being honest, fair, and consistent — and unfortunately, that’s not always how it plays out.

When things do go wrong, when trust fades, or when financial stress builds, having a structured, accurate, and enforceable child support order can make all the difference.

What This Post Covers:

TL;DR – Quick Answer

Yes, California’s Child Support Services can help you get a child support order — for free. But the process can be slow, and their job is to serve the state interest, primarily to keep kids off social services, not to benefit you personally. If your situation is time-sensitive, high-conflict, or financially complex, hiring a private lawyer (or a tax expert) may be a better option.

What Does California Child Support Services Actually Do?

California’s DCSS operates through 47 Local Child Support Agencies (LCSAs), covering nearly every county. These agencies help with:

Important: Child Support Services does not represent either parent. They aren’t your lawyer. Their role is administrative and neutral — ensuring that support is paid according to the law.

How Long Does the Process Take?

Here’s a rough timeline when going through DCSS:

Step Estimated Time
Application & Intake 2–4 weeks
Locating Other Parent 1–3 months (if needed)
Filing & Serving 2–4 weeks
Court Hearing 60–90 days
Order + Payment Setup 3–6 months total

Delays are common, especially if the other parent is self-employed, out of state, or disputes their income.

How Fast Is It With a Private Attorney?

Hiring a private lawyer moves the process forward much faster, especially if you:

Most attorneys can file quickly, schedule a court date within 30–45 days, and get orders in place within 1 to 2 months. But speed comes at a cost: expect to pay probably $400/hr, and thousands in retainers, with total costs easily exceeding over $10,000 for a full case, depending on the complexity of your case.

Why Might Families Choose Not to Use Child Support Services?

1. They Need Fast Relief

Child Support Services has volume. Lots of cases, limited resources. If your rent is due or you can’t buy groceries, waiting 6 months may not cut it.

2. Their Finances Are Complicated

If one parent owns a business or gets paid under the table, DCSS often won’t dig too deep. Lawyers, on the other hand, can subpoena documents, investigate assets, and push harder for accurate numbers.

An accurate and up-to-date support calculation is vital. And because support is based on taxable income, working with someone who understands taxes — not just the law — can change the outcome dramatically. Sometimes that difference means your kid eats well… or it’s ketchup and mustard sandwiches for dinner.

3. They Also Need Custody Orders

DCSS doesn’t touch custody or visitation. That’s a separate court track. If you need a parenting plan and support, a lawyer can usually handle both in one motion — saving time and keeping everything aligned.

4. They’re in a High-Conflict or Unsafe Situation

DCSS won’t advocate for you if there’s domestic violence or emotional manipulation. They can’t file restraining orders. They won’t argue for supervised visitation. A private lawyer can step in and protect your child — and you — from harm.

5. They Want Legal Advice

Child Support Services can explain the process, but they can’t tell you what’s best for your unique situation. They aren’t allowed to give legal advice. You’re essentially navigating a legal system alone unless you bring in your own professional help.

Comparison Chart: Child Support Services vs. Private Lawyer

Factor Child Support Services (Child Support Services) Private Family Lawyer
Cost Free $3,500 (retainer) to $10,000+
Speed 3 to 6 months 1 to 2 months
Handles Custody? No Yes
Legal Advice No Yes
Aggressive Discovery Limited Full
Payment Enforcement Yes Yes
Out-of-State Cases Yes Yes (with more effort)

Final Thoughts

While DCSS and private lawyers are the most visible paths, some parents do opt for a third — less structured — approach. If both sides are cooperative and honest, informal arrangements can work. And sometimes, the threat of going through formal channels is enough to get both parents on the same page.

But when things go sideways — when income isn’t reported accurately, or communication breaks down — having an enforceable, well-calculated support order is important.

That’s why it matters who runs your numbers and helps you navigate the system. Not just someone who knows the law, but a tax professional who understands how support interacts with your real financial life.

Frequently Asked Questions (FAQs)

Can I use Child Support Services if we were never married?

Yes. You do not have to be married to use Child Support Services. As long as paternity is legally established or can be confirmed, they can help you request a child support order.

Can I get legal advice from Child Support Services?

No. Child Support Services does not provide legal advice. Their staff are not attorneys and do not represent either parent in court.

Which California county handles my child support case?

In most cases, you file in the California county where the child lives. That county's child support agency will manage the case.

Will Child Support Services help me enforce child support if the other parent isn’t paying?

Yes. They can enforce child support through wage garnishment, license suspension, tax refund intercepts, and other legal tools.

Can I switch from Child Support Services to a private lawyer later?

Yes. You can begin with Child Support Services and switch to a private attorney at any time.

How long does it take to get the first payment after filing with Child Support Services?

It usually takes 3 to 6 months to receive your first payment after filing through Child Support Services.

Can child support be modified later if our situation changes?

Yes. Child support orders can be modified if there's a significant change in income, custody, or household expenses. You or the local agency can request the change.

Should I file for child support through California Child Support Services?

Yes. California Child Support Services can help you get a child support order for free, but the process may take longer than using a private attorney. They serve the public interest, not either parent individually. If your case is time-sensitive, high-conflict, or legally complex, hiring your own lawyer might be faster and more effective.

Resources

Morgan Branford

Morgan Branford

Tax Professional and Family Finance Writer

Learn more about Morgan on the author page or connect on Linkedin.

Legal Disclaimer:

This post is for informational purposes only and does not constitute legal advice. For personalized assistance, consult a licensed family law attorney or your local legal aid agency.