The Child Support Order
Support Order

Calculating Child Support

Child support in the District of Columbia is calculated using an exact formula set by DC law.  The DC Guideline Calculator can be used to estimate the child support amount in each case.

Establishing an Order

In the District of Columbia, the process of setting child support requires a hearing in DC Superior Court. CSSD personnel work with the child(ren)'s parent or caregiver to prepare a petition and present it to the court during the hearing. Additionally, medical support is a part of each petition, as required by federal and DC law. Based on the evidence presented, the court enters an order.  The order sets out the financial and/or medical support responsibilities for one or both of the child's parents.

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Establishing Parentage and Paternity
Establishing Parentage

 

 

Because only a child's parents have the legal obligation to provide support, a critical first step in every case is determining parentage. The establishment of parentage is required before the case can move forward for the entry of a support order and for the payment of support.

Why Establishing Parentage Is Important

  • It creates a legal bond between parent and child.
  • Children with parental figures are more likely to stay in school, avoid drugs and crime, and become responsible adults.
  • A child's legally established parent may be required to provide financial and/or medical support for the child.
  • When a child is born to unwed parents, parentage must be established before both parents' names will be placed on the child's birth certificate.
  • The child may be eligible for Social Security benefits if a parent becomes disabled or is deceased.
  • The child may be entitled to a share of a deceased parent's life insurance benefits and/or to inherit property from that parent's estate.
  • The child will have access to both parents' medical histories.
  • The child may be eligible to medical and/or life insurance benefits available through a parent's employment and/or military service.
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Prosecution Data Portal: Case Disposition Types

Case Disposition Types

Prosecuted cases can end—or be disposed—in one of several ways: A case may end with a plea agreement, it may go to trial, or it may be dismissed by OAG or the court. The ultimate resolution of a case is based on a variety of factors, including the amount and quality of the evidence available. When a case results in a finding of guilt – either through a plea agreement or trial – a judge sentences the defendant for the offense. When a case is dismissed or a defendant is acquitted at trial, the defendant is not sentenced, and the case is closed. 

Notes: 

  • Dismissals may occur as a result of either plea agreements or successful completion of diversion or deferred prosecution agreements
  • Cases pending a deferred sentencing agreement are classified as open. 
  • Although judicial summonses also receive a disposition, they are not shown above, because OAG does not consistently receive disposition data on judicial summonses from the Court.

Glossary

Dashboard Filters

Charge Categories: Broad classification of the offense(s) on a case. The charges entered may be the charges the person was arrested for or the charges filed by OAG. The charge categories consist of:

  • Court Order Violation: Includes condition of release violation; violation of criminal protection or stay away order; and failure to appear.
  • Fraudulent Activity: Includes false information, personation, representation, or statements; false report to the police; tax-related offenses; and welfare fraud.
  • Quality of Life Offenses: Includes crowding, obstructing, or incommoding; crossing police lines; defacing public toilets; disorderly conduct; drinking in public or intoxication; gambling; public consumption of marijuana; metro-related offenses; panhandling; possession of open container of alcohol; purchasing or providing alcohol to a minor; and vending offenses.
  • Traffic Offenses: Includes driving under the influence or operating while impaired; driving with no permit; misuse of tags; altered or counterfeit tags; failure to obey; failure to exhibit permit or registration; leaving after collision; operating after revocation or suspension; operating ATV or dirt bike; reckless or aggravated reckless driving; and speed in excess of 30 mph over limit.
  • Victim Offenses: Includes failure to pay wages; failure to report abuse; indecent exposure; proposal to a minor; lewd, indecent, or obscene acts; and tampering with automobile or bicycle.
  • Weapons Offenses: Includes possession of unregistered firearm or ammunition; possession of BB gun; failure to holster or notify of concealed carry; carrying a pistol in a prohibited location or manner; and discharging a firearm without a permit.
  • OtherAll other offenses, including illegal presence in a building, fire code violations, failure to post/exhibit business license, fishing without a license, misrepresentation of age to procure alcohol, unlawful demonstration, and violation of stay-at-home order during Covid-19 pandemic emergency.

Charges: Type of offense(s) on a case. The charges entered on a case may be the charges the person was arrested for or the charges filed by OAG. 

Gender: Gender of defendant reported by the arresting agency. Only female, male, and unknown categories are available to be reported.

Race/Ethnicity: Race/ethnicity of defendant reported by the arresting agency. Because race and ethnicity are not reported consistently, these have been combined into a single measure, where an individual of any race with Hispanic/Latino ethnicity is recorded as Hispanic/Latino.

Types of Dispositions

Plea of Guilty: Case resolution by plea agreement, where a defendant pleads guilty.

Plea of Guilty – DSA: Case resolution by guilty plea with a deferred sentencing agreement (DSA), where the defendant pleads guilty, but sentencing is deferred. If the defendant satisfies the conditions of the DSA, the guilty plea is withdrawn and the case is dismissed. If the defendant does not meet the conditions of the DSA, a judge sentences the defendant for the offense.

OAG Dismissal: Case dismissal initiated by OAG. This includes dismissals that occur as a result of plea agreements.

Court Dismissal: Case dismissal initiated by the court. This includes cases dismissed by a judge with or without prejudice, as well as those in which the defendant has passed away.

Trial - Guilty: Case resolution by a trial where the defendant is found guilty.

Trial – Not Guilty: Case resolution by a trial where the defendant is acquitted.

 

Prosecution Data Portal: Cases Disposed

Cases Disposed

After OAG decides to prosecute a case, it seeks to dispose of—or resolve—the case, either through standard prosecution, alternative prosecution, or by diversion from prosecution altogether. A prosecuted case is considered disposed when there is a final outcome in the case.

Notes: 

  • Cases pending a deferred sentencing agreement are classified as open. 
  • Although judicial summonses also receive a disposition, they are not shown above, because OAG does not consistently receive disposition data on judicial summonses from the Court.

Glossary

Dashboard Filters

Charge Categories: Broad classification of the offense(s) on a case. The charges entered may be the charges the person was arrested for or the charges filed by OAG. The charge categories consist of:

  • Court Order Violation: Includes condition of release violation; violation of criminal protection or stay away order; and failure to appear.
  • Fraudulent Activity: Includes false information, personation, representation, or statements; false report to the police; tax-related offenses; and welfare fraud.
  • Quality of Life Offenses: Includes crowding, obstructing, or incommoding; crossing police lines; defacing public toilets; disorderly conduct; drinking in public or intoxication; gambling; public consumption of marijuana; metro-related offenses; panhandling; possession of open container of alcohol; purchasing or providing alcohol to a minor; and vending offenses.
  • Traffic Offenses: Includes driving under the influence or operating while impaired; driving with no permit; misuse of tags; altered or counterfeit tags; failure to obey; failure to exhibit permit or registration; leaving after collision; operating after revocation or suspension; operating ATV or dirt bike; reckless or aggravated reckless driving; and speed in excess of 30 mph over limit.
  • Victim Offenses: Includes failure to pay wages; failure to report abuse; indecent exposure; proposal to a minor; lewd, indecent, or obscene acts; and tampering with automobile or bicycle.
  • Weapons Offenses: Includes possession of unregistered firearm or ammunition; possession of BB gun; failure to holster or notify of concealed carry; carrying a pistol in a prohibited location or manner; and discharging a firearm without a permit.
  • OtherAll other offenses, including illegal presence in a building, fire code violations, failure to post/exhibit business license, fishing without a license, misrepresentation of age to procure alcohol, unlawful demonstration, and violation of stay-at-home order during Covid-19 pandemic emergency.

Charges: Type of offense(s) on a case. The charges entered on a case may be the charges the person was arrested for or the charges filed by OAG. 

Gender: Gender of defendant reported by the arresting agency. Only female, male, and unknown categories are available to be reported.

Race/Ethnicity: Race/ethnicity of defendant reported by the arresting agency. Because race and ethnicity are not reported consistently, these have been combined into a single measure, where an individual of any race with Hispanic/Latino ethnicity is recorded as Hispanic/Latino.

Dispositions

Cases Disposed: Prosecuted cases that have received a final resolution and are closed.

Prosecution Data Portal: Cases Reviewed

Cases Reviewed

Criminal cases come to OAG from law enforcement agencies that have arrest powers. They fall into two different categories:  arrests and arrest warrant requests.

After OAG reviews an arrest, it decides whether to prosecute—i.e., file criminal charges—based on the evidence and circumstances of the case. To prosecute a case, attorneys at OAG must determine that the case is supported by probable cause, meaning that knowledge of the facts of the case would cause a reasonable person to believe that it is more probable than not that the individual has committed a crime. To secure a conviction in a case, OAG must be able to prove the case beyond a reasonable doubt. OAG may decide not to prosecute a case for a variety of reasons, including because it has insufficient evidence to prove the case beyond a reasonable doubt, the case is eligible for diversion or deferred prosecution, or as an exercise of its prosecutorial discretion. If OAG determines that there is probable cause to prosecute a case, OAG may still decide to divert the case from standard prosecution before or after the case is filed or “papered.”

OAG reviews arrest warrant requests from law enforcement when a law enforcement officer believes there is probable cause to arrest an individual for a crime. OAG attorneys review the evidence and circumstances of the case and make an independent judgment whether there is probable cause for arrest.  If there is not, OAG will not approve the warrant. OAG may also decline a warrant request for other reasons or as an exercise of its prosecutorial discretion.

Glossary

Dashboard Filters

Charge Categories: Broad classification of the offense(s) on a case. The charges entered may be the charges the person was arrested for or the charges filed by OAG. The charge categories consist of:

  • Court Order Violation: Includes condition of release violation; violation of criminal protection or stay away order; and failure to appear.
  • Fraudulent Activity: Includes false information, personation, representation, or statements; false report to the police; tax-related offenses; and welfare fraud.
  • Quality of Life Offenses: Includes crowding, obstructing, or incommoding; crossing police lines; defacing public toilets; disorderly conduct; drinking in public or intoxication; gambling; public consumption of marijuana; metro-related offenses; panhandling; possession of open container of alcohol; purchasing or providing alcohol to a minor; and vending offenses.
  • Traffic Offenses: Includes driving under the influence or operating while impaired; driving with no permit; misuse of tags; altered or counterfeit tags; failure to obey; failure to exhibit permit or registration; leaving after collision; operating after revocation or suspension; operating ATV or dirt bike; reckless or aggravated reckless driving; and speed in excess of 30 mph over limit.
  • Victim Offenses: Includes failure to pay wages; failure to report abuse; indecent exposure; proposal to a minor; lewd, indecent, or obscene acts; and tampering with automobile or bicycle.
  • Weapons Offenses: Includes possession of unregistered firearm or ammunition; possession of BB gun; failure to holster or notify of concealed carry; carrying a pistol in a prohibited location or manner; and discharging a firearm without a permit.
  • OtherAll other offenses, including illegal presence in a building, fire code violations, failure to post/exhibit business license, fishing without a license, misrepresentation of age to procure alcohol, unlawful demonstration, and violation of stay-at-home order during Covid-19 pandemic emergency.

Charges: Type of offense(s) on a case. The charges entered on a case may be the charges the person was arrested for or the charges filed by OAG. 

Gender: Gender of defendant reported by the arresting agency. Only female, male, and unknown categories are available to be reported.

Race/Ethnicity: Race/ethnicity of defendant reported by the arresting agency. Because race and ethnicity are not reported consistently, these have been combined into a single measure, where an individual of any race with Hispanic/Latino ethnicity is recorded as Hispanic/Latino.

OAG Decisions

Cases Prosecuted: Cases where OAG has decided to file criminal charges against an individual arrested for an alleged incident.

Cases Not Prosecuted: Cases where OAG has decided not to file criminal charges against an individual arrested for an alleged incident.

Warrant Requests Approved: Arrest warrant requests approved by OAG, which permit law enforcement to seek court approval to issue an arrest warrant and execute an arrest.

Judicial Summons Approved: Arrest warrant requests where OAG declines the request but requests that the court issue a judicial summons, where a notice is sent to the defendant to appear in court after OAG files charges.

Warrant Requests Declined: Arrest warrant requests declined by OAG where law enforcement cannot seek a judicial arrest warrant to execute an arrest.

Prosecution Data Portal

Overview

Launched in December 2022, after several years in development, this interactive data dashboard is intended to increase transparency about the work that OAG does every day to improve public safety across the District and to promote fairness and accountability in the justice system. This type of data has also been used by academics, researchers, social scientists, and others who evaluate and assess crime, criminal justice, and other social factors.   

This initial installment of the dashboard provides information on prosecutorial decision-making and case outcomes for traffic and adult criminal misdemeanor cases for which OAG has prosecutorial authority.

This data relates to a relatively small sliver of adult prosecutions; the United States Attorney’s Office for the District of Columbia prosecutes the vast majority of adult criminal cases, including all felony offenses. OAG’s prosecutorial authority is limited to traffic offenses, such as impaired driving; certain misdemeanor offenses, such as possession of an unregistered firearm and indecent exposure; and regulatory criminal offenses, such as illegal dumping and unlicensed business practices. The vast majority of adult criminal cases in the District, including all felony offenses, are presented to and prosecuted by the United States Attorney’s Office for the District of Columbia.  See below for a breakdown of the types of offenses that OAG prosecutes.

OAG plans to continue to build out this data dashboard in the future. For instance, OAG will soon update the dashboard to include mapping of offense locations, data on diversion decisions, and downloadable data files containing incident-level data. OAG is also exploring whether and to what extent the District’s strict juvenile confidentiality laws might permit OAG to present data on juvenile cases.

What Is On The Data Portal

The Prosecution Data Portal provides information on adult cases reviewed and prosecuted by OAG.

Criminal cases come to OAG initially from law enforcement agencies. If a law enforcement officer suspects a person has committed a crime for which OAG has prosecutorial authority, that officer presents either an arrest or arrest warrant to OAG.

OAG’s prosecutorial authority over adults is limited. OAG only has authority to prosecute traffic offenses, such as impaired driving; certain misdemeanors when committed by an adult, such as possession of an unregistered firearm and indecent exposure; and regulatory criminal offenses, such as illegal dumping and unlicensed business practices. The data on this page reflects OAG’s decision making related to these matters. 

The vast majority of adult criminal cases in the District, including all felony offenses, are presented to and prosecuted by the United States Attorney’s Office for the District of Columbia. In some circumstances, OAG shares prosecuting authority with the United States Attorney’s Office (USAO). In these instances, only cases that were presented to and reviewed by OAG are reported.

This first installment of the Data Portal consists of a series of interactive dashboards showing aggregate (District-wide) statistics regarding cases OAG has reviewed and prosecuted, as well as the outcomes of prosecuted cases.

Subsequent additions to the Prosecution Data Portal will include:

  • Data on diversions and alternatives to prosecution;
  • Maps linking the geographic area in the District, where an offense occurred, to prosecution and disposition metrics; and
  • Anonymized case-level data that can be downloaded for users to conduct their own analyses;

The Prosecution Data Portal is intended to provide transparency into OAG’s prosecutorial decision making to help create a more fair and equitable justice system.

Data Sources

The data presented in this portal is derived from OAG employees, the Metropolitan Police Department, and other sources. The data has been cleaned, meaning it has undergone quality-assurance checks and reviewed for accuracy. Please note that the data reported in the portal may vary from other publicly reported data, due to, among other reasons, differences in the way that specific metrics are defined and differences in the way that the data has been cleaned.

The Impact of Covid-19 on Data Portal Metrics

Beginning in March 2020, OAG modified its decision-making to help curb the spread of Covid-19. To minimize the spread of the virus and protect human life, OAG approved custodial arrests only where necessary to protect public safety. Where consistent with public safety, OAG delayed approving some arrest warrants and judicial summonses and agreed to continue cases until after the emergency subsided. Because the DC Superior Court severely limited its operations during the pandemic, OAG also sought to quickly resolve matters with minimal judicial involvement, including by diverting less serious cases to reduce the back log and ensure that more serious cases could move forward when court operations resumed. The effect of this modified process is reflected in the data for cases opened between approximately March 16, 2020 and June 10, 2022, when the court fully reopened.

Links

Cases Reviewed

  • Data regarding OAG’s initial review of arrests and requests for arrest warrants.

Cases Disposed

  • Data on the status of prosecuted cases, open or closed.

Cases Disposed by Type

  • Data on the resolution of prosecuted cases, such as through a plea agreement, trial, or dismissal.

Parentage and Paternity -- Unwed Parents

Parentage must be established for a child whose parents were not married or in a registered domestic partnership at the time of the child's conception or birth.

Voluntary Acknowledgement of Paternity (AOP)

An Acknowledgement of Paternity (AOP) is a legal document voluntarily signed by an unmarried mother and father to identify the child's second parent. When both parents complete the AOP form properly, they often do not have to go to court to establish parentage for the child.  They can present the AOP form to have the both parents' names placed on the child's birth certificate.

The easiest way to complete the AOP is to do it at the hospital or birthing center right after the child is born.  Staff there will help parents complete the AOP and notarize it. If the child already is born and out of the hospital, parents can complete an AOP either at the Vital Records Division of the Department of Health or through CSSD.  Either Vital Records or CSSD staff will explain your rights and responsibilities, help you complete the AOP, notarize it, and have it filed. 

Frequently Asked Questions -- Acknowledgement of Paternity (AOP)

Who can complete an AOP?

To complete an AOP in the District, the child must have been born in the District. Also, the child's mother must not be married to, or in a domestic partnership with, another person at the child's conception, birth, or any period in between.

Citizenship

Neither parent has to be a US citizen or legal resident to sign an AOP.

Military Personnel

CSSD will work with military families in completing an AOP for a child.  For individuals stationed overseas, CSSD may send written and audiovisual materials, arrange to speak with potential parents and answer questions, and request that a commanding officer or a chaplain witness the signature(s).

Incarcerated Individuals

The paternity establishment process is available to parents who are not married at the time of birth, conception, or anytime in between, even if one of the parents is incarcerated. CSSD will work with the parents and the jail or prison staff to arrange for the proper completion and notarization of the AOP, if the parents wish to move forward with acknowledging paternity.

How does someone complete an AOP?

  • Both parents must swear that the information they are entering onto the AOP form is true.
  • Parents must provide photo identification.
    • The notary public, who witnesses the signatures, will decide if the identification provided is sufficient. However, generally, any government-issued identification is acceptable, such as a driver's license, state-issued identity card, passport, school identification, or military ID. The identification should be current, as a notary may not accept identification that has expired. Also note that utility bills may not be used to prove a person's identity.
  • All parts of the form must be filled out completely, and the form must typed or hand-written in ink (and legible).

What happens after an AOP is signed?

There are legal consequences to signing an AOP, including being responsible for the child's financial support.

Genetic Testing

Because of the responsibilities of parentage, a person who is not sure of the child's parentage should not sign the AOP document. If there is uncertainly about the child's parentage, genetic testing is an option before completing an AOP. Private testing costs are at least $300; however, once a case is opened with CSSD, testing can be done for free or at a nominal fee.

Visitation and Custody

Signing an AOP does not guarantee that a parent will have visitation or custody. However, when parentage has not been established, a person has no legal right to visit with, or have custody of, the child.

Is it possible to change your mind after signing an AOP?

A person who has acknowledged the parentage of a child with an AOP may take back ("rescind") an AOP within a specific time frame after signing.

Failure to Pay Support -- Enforcement Tools

Failure to Pay

Enforcement activity begins on a case once a child support order is established. A first payment should be made when the order is entered or shortly thereafter.  After that, if possible, enforcement happens through wage withholding. However, until wage withholding begins or if the paying parent is not employed, that person is responsible for making the payments according to the schedule set out in the order. For additional information, visit How to Pay Support.

Enforcement Activity on Past-Due Child Support

Additional enforcement activity begins 30 days after the date a payment becomes due. CSSD has several ways to collect on arrears (or past-due child support).  The goal always is to educate the parent ordered to pay support about the various options that may be available to avoid heightened enforcement actions. However, CSSD may lawfully take steps to collect payments if they are not paid in full or on time. Depending on the situation, CSSD has authority to pursue actions such as the following:

Alternative Solutions Center (ASC)

The Alternative Solutions Center (ASC) is designed to assist parents in CSSD cases who are unemployed or underemployed. This is not a program to help people who simply want another job. ASC provides parents, particularly those who have been ordered to pay support, with guidance and assistance to find employment opportunities so they can become better parents and pay their court-ordered child support in a timely and consistent manner.

Frequently Asked Questions -- Alternative Solutions Center

Who is eligible to participate in ASC?

To participate in ASC, a parent must meet the following requirements:

  • Be unemployed or underemployed.
  • Have an active child support case.
  • Must not receive unemployment benefits at the time of the referral.
  • Must not receive Supplemental Security Income (SSI) or Social Security Disability Income (SSDI) at the time of referral.

How does a parent become involved with ASC?

A parent can request enrollment in ASC. Also, a parent can be referred to ASC by any of the following:

  • A CSSD case management specialist, investigator, attorney, or paralegal
  • The DC Superior Court (including the Fathering Court Program)
  • A community partner

What does a parent do in the ASC program?

After an orientation session that outlines the program, ASC program participants take part in training offerings regarding job readiness skills, employment opportunities, and responsible parenting. Support is offered in group workshops, in one-on-one meetings, and in drop-in sessions. ASC staff also provide additional support to the parent, as needed. This additional help may include accompanying the parent to court and/or offering individual assistance to connect the parent with community resources, employment, and emotional support.

How does ASC participation affect a parent's child support case?

Participation in ASC may postpone or stop child support enforcement actions, such as driver’s license/vehicle suspension and/or civil contempt proceedings. The pausing of an administrative or judicial enforcement action will be determined at the time the parent is accepted into ASC. The workforce development specialist assigned to the ASC participant will confer with the CSSD Enforcement Unit and/or Litigation Unit to determine how the enforcement action will be handled.

Additionally, each ASC participant creates an independent employment plan (IEP) during the program.  When the participant meets the threshold goals identified in the IEP, a portion of that parent's TANF arrears may be forgiven. The parent also may qualify for CSSD’s Fresh Start Program to have the remaining TANF arrears forgiven.

Help for Parents Ordered to Pay Support

Help

 

 

A parent is responsible for paying all of the ordered child support.  However, when a parent is ordered to pay support, but experiences difficulty, there are programs and other information that may help the parent to meet this obligation.

Alternative Solutions Center

CSSD has created the Alternative Solutions Center (ASC). ASC is an in-house workforce development and service referral program for customers in CSSD cases. Through ASC, parents can participate in a job-readiness training program; be connected to a range of social or community services; and receive guidance as they seek to obtain long-term, stable employment.

Fathering Court

The Fathering Court is a program that offers new opportunities to parents ordered to pay support so they can better provide for their children.  The program offers job training, counseling, employment services, and judicial access. Participants will be educated, counseled, and encouraged to place their children’s needs first.

Fresh Start

Fresh Start is an arrears-forgiveness program offered to qualifying parents who have been ordered to pay support. Fresh Start participants enter a payment agreement with CSSD. If the participating parent complies with the agreement by making consecutive timely payments on the current support obligation or a lump-sum payment towards arrears, a portion of the TANF arrears owed will be forgiven.