The State Disbursing Unit (SDU) processes all child support payments in California. The SDU then sends these payments to the custodial parent for management. Since the custodial parent manages child support, they do not need to send their share to the SDU. Only the non-custodial parent will have their income garnished by the SDU.
However, the court may require custodial parents to provide an accounting of their child support expenses, especially if the other parent can prove there is financial mismanagement. In general, trustees may only step in to manage child support in place of the custodial parent in the following circumstances:
- Mismanagement of funds: If there is evidence that the custodial parent is not using the child support payments for the child’s benefit, you can petition the court to appoint a trustee.
- Substance abuse or mental health issues: If the custodial parent has substance abuse problems or mental health issues that impair their ability to manage finances, the court may appoint a trustee to ensure the child’s needs.
- Neglect or abuse: If the custodial parent neglects or abuses the child, the court can appoint a trustee to manage the child support payments and ensure the child’s welfare.
- Agreement between parents: If both parents agree that a trustee should manage the child support payments, they can present this agreement to the court for approval.
- Court’s discretion: The court can appoint a trustee if it believes doing so is in the child’s best interest. This can happen during custody hearings or child support modification requests.
To pursue this option, you must file a motion with the court and provide evidence supporting your request.
Consulting with a family law attorney can help you navigate this process and present a strong case for appointing a trustee.
