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Author Topic: child support mod in CA  (Read 1936 times)

mishelle2

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child support mod in CA
« on: Dec 02, 2005, 10:55:52 AM »
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


socrateaser

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RE: child support mod in CA
« Reply #1 on: Dec 02, 2005, 01:27:03 PM »
>Questions
>
>1. does DCSS have to give reason why denial if denied?

Theoretically, you could demand a hearing and findings and conclusions from DCSS, but I've never heard of anyone doing it, and DCSS probably wouldn't even know how to respond to the request, so the simpler solution is to just move to modify in court and serve DCSS so they can come and explain their position, along with the other parent.

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

I've never read their internal policy documents, so I don't really know.

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

Go to their website and look for their procedure manual. It should have all these sorts of answers.

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

Absolutely, see above.

>5. Any other advice??

Yes, this should be question #6.

>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?

Travel costs are "in the nature of support," so unless you move out of CA, or intentionally submit to FL jurisdiction on the issue (which may not be a bad idea, because FL support guidelines are lower than CA guidelines), then CA court has continuing, exclusive jurisdiction to order the amount of travel expenses to be reimbursed.

Assuming that a significant change in circumstances exists, e.g., the custody arrangements of the child, and/or the parents' respective incomes and/or earning capacities have changed, then the court must recalculate the support obligation.

mishelle2

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child support mod in CA
« Reply #2 on: Dec 02, 2005, 10:55:52 AM »
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

socrateaser

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RE: child support mod in CA
« Reply #3 on: Dec 02, 2005, 01:27:03 PM »
>Questions
>
>1. does DCSS have to give reason why denial if denied?

Theoretically, you could demand a hearing and findings and conclusions from DCSS, but I've never heard of anyone doing it, and DCSS probably wouldn't even know how to respond to the request, so the simpler solution is to just move to modify in court and serve DCSS so they can come and explain their position, along with the other parent.

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

I've never read their internal policy documents, so I don't really know.

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

Go to their website and look for their procedure manual. It should have all these sorts of answers.

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

Absolutely, see above.

>5. Any other advice??

Yes, this should be question #6.

>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?

Travel costs are "in the nature of support," so unless you move out of CA, or intentionally submit to FL jurisdiction on the issue (which may not be a bad idea, because FL support guidelines are lower than CA guidelines), then CA court has continuing, exclusive jurisdiction to order the amount of travel expenses to be reimbursed.

Assuming that a significant change in circumstances exists, e.g., the custody arrangements of the child, and/or the parents' respective incomes and/or earning capacities have changed, then the court must recalculate the support obligation.

 

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