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Author Topic: CS mod in CA  (Read 983 times)

mishelle2

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CS mod in CA
« on: Mar 09, 2006, 11:56:20 AM »
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


socrateaser

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RE: CS mod in CA
« Reply #1 on: Mar 09, 2006, 07:53:39 PM »
>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?

It wasn't unjustly denied, because DCSS doesn't decide your case, the court does. DCSS's job is to maximize the amount of support collected. They are your enemy, if you are the NCP, and they have no obligation to treat you fairly. They merely must treat you the same as any other NCP. And they undoubtedly did, but maximizing the amount you owed.

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

Nope. You have the right to demand an I&E once every 12 months directly from the other parent without any involvement of DCSS. Failure to discover the information is scantionable upon motion to the court.

>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)

You can request, but your request will be denied, unless DCSS agrees to the change. They won't, if you still owe any arrears, because that will reduce their collections, and increase some other county's.

 

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