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ok all my dh just got sole legal/physical visistation of his 13 yr old daughter, prior to this he has been paying childsupport on time forever... well we sent in copies of the order and cs office said they are reviewing it and will let him know if they decide to change the order... We have decided to also seek child support as bm makes good money and can afford it.
 But I think the cs office is going to drag there heels  as they did not even mention his application when they told him they were reviewing his file..... amazing.. a mother gets it they will hunt you to the end of the earth...a father.. and you better do it yourself...

has anyone here dealt with the Orange County CA DCSS for a modification? If so what was your experience?


thanks

hey all, does anyone know how to register a custody order from CA in FL?? what form to file, is it a Fl form or a CA form?


thanks

can anyone tell me what to expect at a settlement conference?

Soc,

DH had court to set date for evidenciary hearing and opposing counsel asked for a settlement conference to be set first. Which was



What takes place at a settlement conference?

state is CA

thanks

ok so my dh got his recommendation from mediation yesterday, in which it states no additional time is recommended for father, father coaches sons football team therefore that should be considered more time. and further goes on to possibly take the only mid week visit he has from him. We have sent over a letter for clarification to the mediators office, since the midweek is not mentioned in the mediators recommended parenting plan
the mediator interviewed there 12 yo son and said son stated he wants custodial agreement to stay the same.. basically he repeated word for word what the mother said during mediation, yet mediator didnt view him as being coached.

my dh does not have as much as a parking ticket, yet the county we live in refuses to allow him anymore time other than EOW and split holidays, my dh has done everything asked of him and they still say nope sorry. the courts have even gone as far as taking away time, cause "mom says child misses homework when hes at dads house" yet has never shown any proof.  We cant even get the courts to order his name be put on childs birth certificate!!!
atty said we can go to hearing, but he said, the reality is that the courts are going to rule with mediator and it leaves us with little options.
there are no attorneys in my area willing to challenge the judge (there is only one family law judge in my area)

what options do we have?

Soc,

    Just found out that my stepsons mother is under the care of a psychyatrist at the county mental health office, however dh just went to mediation last week (found out right after) but no agreement was reached.
 CA is state

question:

1.) if parents go to hearing can father request/supeona psych records?

2.) Does this have a large impact on custody case?  

Soc,


OK, SO state is CA I am returning to mediation for custody/visitation issues for 12 /12 yr old son, we have joint legal she has sole physical, i have every other weekend one mid week and we split all holidays and summer,  per mothers request.. as she wants to take away some of my time..
we have a mediation triage monday morning as she is attempting to take part of my christmas break as it is my year to have the majority..she had majority last year...
then we will be referred to mediation for other issues mother has, mainly she wants to take away the majority of what i have, her reasoning is that I have other children and she doesnt so its not fair for her to be alone when I never have to. ..and yes.. the court allows her to say stupid comments like that...
we went to court in march of 05 I was going for 50/50 and judge was gonna give it to me, then asked to interview child.. when she interviewed him, I was not even notified of the date.. my atty was ticked.. well the child was coached by her atty,and her family and told judge he didnt want to see me more.. therefore judge ordered the custody order to stay the same. I will ask for 50% this time.


Bm has a problem with her leg (she says medical mystery) and takes prescription pain pills, vicodin.. I have concerns as to how many she is taking as I know she is driving with my son in the car

questoins are:

1. Can I supeona medical/pahrmacy records?

2. Does court take into account prescription drug use?

3. any other advice?


thanks

CO is in CA, bm is filing motion to modify custody/visitation child is 12  she has decided she doesnt like what little I have and is attempting to take it.. anyways, mother I believe overuses vicadin and is on medical, my son tells me that she often sleeps most of the day away, and she also drives after taking 4-5 pills at a time.. but I dont know how to prove it..


1. How do I prove she overuses this drug?

2. Can I bring this up in mediation or is it hearsay?

3. any other advice?

Soc,

Daughter resides in FL with mother during school year and with father in CA during summer,father has christmas break every other year and spring break every other year, parents share joint legal custody and mother has sole physical due to distance.

father was supposed to have christmas of 2007 according to court order, however mother asked to swap with father having this year. Father agreed.  co is in CA

Father has just found out mothers home is in foreclosure and child has failed 3 of 4 major subjects in school child is in 8th grade and is 13.

1. Does mothers home in foreclosure have any bearing on custody?

2. Does childs grades have any bearing on custody?

3.  When child is here for christmas break should father ask court for custody due to above mentioned issues?

Soc,

Not sure if you remember, so heres a few basics, had custody case in Fl I (dad) live in CA, after a year and half FL gave case the boot and said CA should have juris...  so I filed in CA where I live, had initial hearing, judge granted what I asked for and ordered mother to immediately pay me for childs airline ticket to return to FL and ordered mediation.

I set date for mediation, bm refused to check in, her attorney says she doesnt know whats going on she cant get ahold of her client, in the mean time bm only calls 1 every 2 weeks, to speak with child. Now she has only spoken to her twice in 4 1/2 weeks,
Submitted papers to judge to reorder mediation (as per local rules)  judge ordered mother did check in but attempted to change date of mediation, they refused, bm still has not paid for return flight, mediation is tomorrow, child is supposed to leave Sat.  

My atty told her atty June 10th that if payment is not received prior to childs leave, child will not be on plane.  I have attempted to talk to bm on the rare occaseion when she calls, but everytime I get on phone she hangs up.

Im not even sure if bm will call in to mediation .. but we'll see.

Questions
1.What are my options?

2. Can I get in trouble if she is not on flight?

ok soc, Im confused......


Not sure if you remember, I had a case in FL that was dismissed as CA should have it. I filed in CA we went to court, both parties have attorneys, we were referred to mediation, the court waved the orientation and bm was to appear by phone, mediation is scheduled for Thursday.
 Well I  submitted my intake forms, and I got a call from the mediation department, (I wasnt home it was on my machine) they said, bm never called to check in for mediation, they need to know if she knows theres mediation, and for me to call and let them know.

BM has a family law atty, and on the petition for custody it says mediation is mandatory, and during court we made all these arrangements for her to appear by phone, the only thing she had to do was call in for date. Which she didnt do.

1. What will happen with my case?

2. Will they just give me custody recommendation since bm didnt show up?

3. Since bm has an atty, it is her atty's job to make sure she has all info right????

4. Any suggestions?

thanks a million

Soc,


I have mediation in 2 weeks, my daughter has only been here for a few days, and she has told me that she is left home a lot at night while her mother and mothers boyfriend go out.


question:

1. Is there any laws (florida) that say how old a child must be before they can be left alone?


thanks

Soc,

If youd like you can erase the posts below ...


ok so, you talked of a 730 eval in the previous post, however, in my county you go to mediation, they speak with you and the other parent one day, and then the next day they speak with the child.( I have done this 3 times when going through court with my son.) They routinely speak with children over the age of 6, and from what I have seen they put a great impact on what the child wants as soon as they are able to vocalize it and understand what they are asking.
 If no agreement is reached, the mediator writes a recommendation to the court and then you can either agree with the recommendation, allow the judge to take it into submission or schedule a hearing. If a hearing is scheduled the mediator comes and testifies in regards to her recommendation.

1. So I was just wandering what would happen if during the meeting with the child the child says.. hey I wanna stay with my dad,and shes almost 13, would the mediator lean towards childs wishes.. or .. not..

I realize you dont read tea leaves, and that may be a tea leaf scenario... if so .. sorry

Soc,

Can you tell me what form to file for a change of venue in CA. I have looked and cant find the form number.

thanks

Soc,

.. You have given me advice previously on this issue, not sure if you recall, CS mod hearing in Orange County CA next month, Custody hearings have been in Fl, Fl court says they shouldnt have jurisdiction over custody/visitation even though child has lived there since 1999, they said Ca should,
     
       Court had hearing for dismissal, BM atty asked for FL to keep juris, and said they would come to agreement, OUr atty said move to CA, Judge gave BM 20 days to come to agreement or he dismisses to CA.
     
      Well Bm has until Monday to have signed agreement in to Courts, my atty has not heard one word from her atty since dismissal hearing, and with only 3 working days left, so doubtful an agreement will be reached.
   
    I spoke with atty here in my area (I dont live in Orange County, 11 hours away) he said we can have court here order the Orange county court to transfer child support case to this county, since custody/visitation is now a CA issue and neither party lives there.
     
    I have never heard of this, I called and spoke with court supervisor of CS department, she said that is the best route, otherwise it could be a very long process of changing venue on my own.
   
      You previously stated that you were unsure if Id get a better deal in FL, and I was willing to come to agreement with bm through FL courts but since bm is unwilling, my atty will file dismissal on Monday. Atty's here in my area are 1/2 of what they are in FL therefore it would be financially beneficial to fight the fight here
        It is my belief that bm is doing this intentionally as I am supposed to have spring break  and she knows dragging her feet will make it impossible for me to get an order  here since it is next month.  Bm has almost cut off all phone contact with daughter, (I can provide phone records, I supply child with toll free # for this purpose)

questions:
     1. Have you ever heard of filing for custody/visitation in one county and having a support order in another?
     
     2. Can my local court order a transfer of case to my county for CS to combine the cases?
       
       3. Will I be able to get a temp order in CA for summer (I can prove with documents that I have had all previous summers)
       
     4. Since mother is only allowing phone contact 1 every 3 weeks will this have bearing on case? ( I have email from bm stating its not her job to have her call shes not my secretary)

     5. any other input??

Thanks soc...

Soc,

You had previously helped me in the past on this issue, I have a modification hearing scheduled, and am preparing my supporting declaration, I realize that the child support office is required to set support according to guideline, but in some cases they dont, prior to this modification getting approved I had previously applied for a modification 3 other times, all being denied for no change incircumstance, thus costing me over 7000+ in interest and arrears.

my question is:

1. If I can prove that at the last time I applied for a modification that it was unjustly denied,(have paperwork from DCSS to prove it) can I ask the court to set aside interest/arrears owed for that period of time?

2. Is the custodial parent required to notify the DCSS of changes of income and visitation?

3. Since neither parent lives in County that has support case can I request a change of venue to my county at the modification hearing? (mother lives out of state)

thanks

ok soc, I have gotten your advice on Child support issue in Orange county CA, now a new issue has just arrived .. regarding visitation,

Mother is in FL,I am in CA, mother moved to FL in 1999 without me knowing, however there was no order establishing custody/visitation in CA just child support/ (parental relationship box is checked too on order but nothing is listed)  
in 2004 child did not want to return home as she was not being treated good by stepdad, when I spoke with mother regarding this she didnt care, and said she wasnt going to allow child to return to CA any longer,

 therefore I refused to send child to FL, mother got emergency order from FL judge for me to return child, I did, since then we have been fighting back and forth via atty in FL and me getting summer visitation via temp court orders, No Permanent Orders have been made, other than temp orders for visitation, Fl has not given mother or me any titles regarding custody, and mother has not attempted to have courts deem her as sole custodial parent, or even primary residential parent.

fast forward to yesterday, I get email from atty saying a  new judge has taken over & reviewed case file and the judge himself filed for a dismissal of entire case judge said FL does not have jurisdiction, based on some FL statute, that CA maintains jurisdiction and he felt  it is better suited for case to be heard in CA, as CA also has CS order, he has set dismissal hearing on Tues.,

I am all for moving case to CA.  however confused as to how and where to proceed after/if case is dismissed in FL. My atty said he spoke with her atty and he agreed it should be handled in CA but not sure what his client (mother) thinks (I think her unwillingness to co-parent is driving  him nuts.. I mean for goodness sake she hired a fathers rights atty to represent her..and hes had to contact me to get her  contact info..  just my opinion)

My atty is going to ask judge on Tues to enter temp order for me to have child for spring break, since mother and I previously agreed on this and now mother is refusing, we were going to file a motion for this, but then this all happened

questions

1. What do I do if/when case is dismissed in FL

2. Do I file in Orange County CA since that is where support order is?

3. Or do I file in County I live in since seperate issue?

4. Any other input?

5. Would this be considered divine intervention from the powers that be.. since mother is so blatantly unable to co-parent?? (ha ha more of a thought out loud vs. a question)


thanks again..

Soc,,

Ok,, so I sent letter to DCSS requesting updated I&E's for mother, I received them yesterday, (wow quick) With those it shows bm makes 3k per year, more than on previous I&E from 2004, Under Additional expenses for the child in this case, bm asks for BF to pay for braces for child, yet supplies no amount, just writes in no estimate,  then under special hardships  she lists  no amount, and wrote look at I&E,

1.  Will courts order bf to pay for braces when they are for cosmetic purposes only?
2. What is considered uncovered medical expenses ie: 1/2 copay 1/2 deductible?

2. What  else can court legally make him pay for when parents werent married, as additional support in CA?

thanks

Soc,

 have court date for CS mod, in CA (orange county), bm/cp didnt respond to requests for I&E's from DCSS, therefore DCSS submitted to courts the one they have on file,  which is almost 2 years old, You previously said I could write letter to DCSS requesting updated I&E's.

1. I am unsure what to say in this letter, Can it be pretty short and to to the point?
2. I would also like to know, when we go to court can I ask that I claim child on taxes every other year? (parents never married, mother has child 80% father(me) 20%)
3. any other insight?



thanks again..

Oh and previously I told you I was on reserve list for court, I called again and asked what that meant, they said that they had no clue, and that it now showed me on calendar.

Soc,

 my fiance filed for a child support mod in Orange County CA, via DCSS after 3 months, he received an email from his case worker stating modification has been approved and a hearing will be set, and he would send notice via mail, well its been a few weeks and weve heard nothing. He would like copies of I & E's that were sent in by bm. We are a little confused by this process as we have never done this through DCSS.

Questions:

1. What happens next?

2. How does he get copies of bm's I & E's?

3. Could DCSS be stalling on setting hearing as there is going to be a large decrease in support?

4. Email from DCSS said he will need to file new I&E's prior to hearing, however, court doesnt allow you to file via fax and we live 11 hours away, and bm lives in FL.   What happens if neither parent can file addtional I & E's can they go by ones all ready sent in to DCSS?

5. any other input???

thanks a million

Soc

background, bm/bf have joint legal, mother has sole physical with father having eow 1/2 of all school breaks and mid week visit. BF petitioned for joint physical of 12 year old son, at hearing commissioner asked to interview child.. bf .. said yes as child had all ready stated he wanted more contact with dad to mediator bm agreed to interview.

 Interview was set, then changed by commissioner as she had an emergency, Interview was re-scheduled, only bm attorney was notified of date. BF attorney found out about interview after it had taken place. Son told bf that bm and her attorney told him what to say.

Commissioners ruling came back, bf lost.. not only on his motion for 50/50 timeshare but one of his mid week visits as commisioner  thinks son misses homework so mainly for school purposes she is taking away a mid week with bf.


fast forward.. new school year.. son has had an F in every class at least once this year (have copies of progress reports) but bm helps him catch up and bring it up to an A before report cards go out.  BM has admitted to father that child is with her parents during week therefore she really cant keep a close eye on his schooling

question:
1. Could father petition for more custody based on childs grades?
(father is available every day after school)

2. Any other input??

3. Are we SOL unless son tells bm he wants to be with dad more?

Soc,

   my fiance and I have been together for 12 years we have 3 children (11,6,5 months) he has 2 other children from 2 previous relationships. He is going through child support modification for one of them and had the other modified about a year ago (mother requests) during that hearing judge would not allow any hardship deductions for our 3 children, judge said "looks like there mother makes enough to support them" child support takes 50% of net income via wage assignment as there are arrears and he currently pays 200+ above guideline, my ?? 's  are since we are not married..

1. If judge will not take into account his 3 children in home, can I turn around and file a motion to receive child support for my kids?

2 If no .. Why?

3. Could I get into trouble?

just curious.

thanks for  your time... I realize this is probably an odd one.. :)

1.What is the law on driver lic. suspension in CA,
2. Is there an amount of payments you must miss prior to having a suspenion placed on your lic?


thanks

nc dad is in CA
cp mom is in FL
CA has child support jurisdiction

parents are trying to come to agreement regarding child support, father will pay an amount above guideline, mother will forgive all arrears.

1. What form needs to be filed with Child support office?
2. Can parents both write a letter to Child support office stating same and have it notarized?

3. Please advise

thanks

1.)Can you tell me where the CA law states that the courts cannot set an amount of child support to be paid back for time prior to filing?

As my husbands order is dated Aug 98 and support was ordered from 94-98 of arrears owed to state and custodial parent,  judgement was entered by default in Orange county.

Soc,

 Can you tell me, if I add my fiance to my checking account and he owes  arrears on child support  but has been paying current, will my checking account be garnished? State: CA

thanks
mishele

Soc

 dh filed for mod of  support in Orange county CA, via DCSS office, according to our local DCSS office dh pays 250 over guideline amount, he has in past asked for mod but been denied, with no reason.. paperwork just said mod request denied.

   There have been significant changes in circumstance each time, however this time he listed, % of custody has changed, both parents income have changed and mother lives out of state therefore cost of living has changed, and father pays all travel expenses accross country.(which were almost same as last time) dh actual income has never been taken into account, DCSS set ability to earn when mother was on welfare and will not change it, even though we have given them all paystubs and W-2's, and they will not take into account father has 4 other children in his home to support.

Questions

1. does DCSS have to give reason why denial if denied?

2. does DCSS have to give copy of support CALCs from Disso?

3. How long does DCSS have to respond to mod request (it has been over a month)?

4. If denied can father file for mod through courts?

5. Any other advice??



6. last ?.. if travel expenses are ordered 50/50 via CA DCSS and bm asks fl courts (where she lives) to make father pay travel expenses via custody proceeding, which court order superceeds which?


mishele

background,

sd lives resides in FL during school year with M  CA in summer with F child is 12, child is from CA but moved to FL 6 years ago, child would like to reside in CA with father, when she comes this summer she will almost be 13

questions:

1. At what age will the courts allow her to stay in CA ?
2. If we petition for her to stay once she is here will we have better chance? (through Fl courts)
3. Fl has jurisdiction, however, no permanent order has ever been made, just temp ones allowing fathers summers, christmas etc. Does that mean anything?

thanks

Well every now and again the wind changes and a success story happens... my sd was usually in FL during school year and CA with us in summer and breaks.. well during this past school year sd did terrible.. and when she got here with us she told us that she was fighting with mom all the time..... so we did some digging.. .talked to some  of bms family and .. then we did it.. filed for full custody of sd... and got an emergency order in 12 hours signed (female judge too that usually hates men and usually takes at least 72 hours to sign temp orders)... followed all rules.. and ended up at hearing with sole custody...... so guys.... every now and again the system gives in.. and lets us win!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! yah yah yah!!!!