child support mod in Orange County CA

[mishelle2]

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

[socrateaser]

>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?

Don't know. Seriously, DCSS has its process for when it will hear a case. If you want to kick it up, you could file a motion to modify with the court and serve the other parent and DCSS to appear. That would definitely speed up the process. Knowning the backlog of DCSS, they probably wouldn't show up, and your final order from the court would stop the DCSS action.
>
>2. How does he get copies of bm's I & E's?

Several ways. Under CA law, you are entitled to a copy of the I&E Declaration once every 12 months directly from the other parent, and this includes the last tax return. So, you can just send her a letter requesting the info per CA law (I forget the FC section number, but you can look it up pretty easily online).

Also, you can request the info from DCSS under the Uniform Interstate Famly Support Act, and you can ask for more than just last year's tax return. The grounds are that this information is relevant to accurate determination of the parties' support obligation. DCSS must provide. I would copy the other parent on a letter request to DCSS, so you have proof that everyone knows what's up.

And, if you file your own motion to modify, then you can request everything directly from the other parent, and ignore DCSS completely, because you will be brining the other parent in as a party.

There are a couple of issues that can make a separate motion to modify a good or a bad idea. When DCSS is the party to the case, the other parent is only a witness, which measn that she has no attorney-client privilege and must tell you everything that DCSS tells her, and produce any documents that DCSS gives her. On the other hand, as a witness, she is not subject to a deposition notice or notice or to personally appear in Superior Court.

Since she's in FL, your forcing her to show up in court, or hire an attorney could give you some leverage.

Ultimately, what you really want is to settle on the support amount with the other parent. The guidelines are usually pretty rigid, so once you know how much the other parent makes, and how much parenting time you're both exercising, then the only other details are transportation and daycare, if at issue.

Anyway, if I suspect serious foul play by the other party, there is an advantage to the DCSS procedure, because the other party can't hide behind some claim of privilege to confidential communications. Otherwise, I go to court. Your mileage may vary.

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

If you believe that there will be a large decrease, then get your butt into family court and file for a modification.

>
>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?

If you live 11 hours away, then I would file a motion to modify, and for a change of venue to your county. Then OC DCSS will be out of the loop and probably will just drop out of the case, assuming that the court allows your request. I think you could make a pretty good argument that with the other parent in FL and you in a different county, that OC is simply not an appropriate venue for a support hearing.

[mishelle2]

soc,  I recently requested copies of bm's I&E's via DCSS, they said I can not have them until filed with court, that theyre not public record till then.
 I received a call today from DCSS telling me when hearing was, it is 4 months from now. I have tried to get a change in venue before however there is back owed support for welfare arrears therefore they would not agree to change.  DCSS  told me today, they are not a party in the case as mother is not on aide and the courts will take over modification.

Bm is also attempting to modify support via Florida court, however CA maintains jurisdiction. My atty in FL says I would be better off here in CA as they do not consider other children or travel expenses.

Also, parents were never married, can mother ask for college expenses and orthodontic expenses (cosmetic purposes only)
Questions:

1. To settle on an amount with other parent should I just use the CA support program on nolotech (you told me about that one before) print up a bunch of scenarios and send her a letter? (she currently receives 200+ above guideline but I am willing to negotiate.)

2. If DCSS is not a party to the case, will bm have to appear or hire an attorney to appear for her?

3. any other suggestions?

thanks a ton.,..

[jcsct5]

I wanted to add the following as a suggestion for calculating CA child support. Xspouse offers a demo version of their software for free.
 
The only difference between it and the version the courts use (at least the courts in PLACER and SACRAMENTO Counties) is that you can't save and it says NOT FOR COURT USE at the bottom. Their website is

http://www.xspouse.com/default.htm

and the software has a function called Wiz/Pro that will walk you through what to put in each input area.

It is great, I have used it for several years now in my own case and recomend it to anyone in CA. You do have to download a new version each year though.

[socrateaser]

Please repost with all your questions numbered at the bottom. You're writing too fast for me! LOL!

[socrateaser]

>I wanted to add the following as a suggestion for calculating
>CA child support. Xspouse offers a demo version of their
>software for free.
>
>The only difference between it and the version the courts use
>(at least the courts in PLACER and SACRAMENTO Counties) is
>that you can't save and it says NOT FOR COURT USE at the
>bottom. Their website is
>
>http://www.xspouse.com/default.htm
>
>and the software has a function called Wiz/Pro that will walk
>you through what to put in each input area.
>
>It is great, I have used it for several years now in my own
>case and recomend it to anyone in CA. You do have to download
>a new version each year though.

Looks interesting, however, in OC court they use Dissomaster(r), so no one should rely on this program as absolutely definitive, despite its author being the original author of Dissomaster. It should be fine for a stipulated order, though.

[mishelle2]

1. To settle on an amount with other parent should I just use the CA support program on nolotech (you told me about that one before) print up a bunch of scenarios and send her a letter? (she currently receives 200+ above guideline but I am willing to negotiate.)

2. If DCSS is not a party to the case, will bm have to appear or hire an attorney to appear for her?

3. any other suggestions?

[socrateaser]

>1. To settle on an amount with other parent should I just use
>the CA support program on nolotech (you told me about that one
>before) print up a bunch of scenarios and send her a letter?
>(she currently receives 200+ above guideline but I am willing
>to negotiate.)

CalSupport(tm) is good. This Xspouse software that the other poster mentions looks good too. Either would be ok. The good thing about CalSupport is that one license can be distributed to both parents so they can both run the numbers separately.

>
>2. If DCSS is not a party to the case, will bm have to appear
>or hire an attorney to appear for her?

Yes. And, you can still subpoena DCSS's records after your other case is filed.

>
>3. any other suggestions?

You should file before DCSS does (i.e., NOW). If you wait, you will lose the opportunity for a downward mod during the 4 months that intervene. DCSS is trying to sucker you.

There's no impediment to your filing. The fact that DCSS is investigating does nothing to assert any jurisdiction over you.

[mishelle2]

ok, Im confused.. DCSS said today on phone that they have set a hearing, they also said they are not a party, they are just passing the modification on to the courts as it has been approved from there office, but they are not a party in the case.

question:
1. If they say they are not a party,  I just proceed with Mod motion, that is all ready on court Calendar?

2. Do I just send bm letter saying here are numerous choices, choose one.. (I know probably pretty funny.. cause if she was so nice, we wouldnt need a hearing :) )

3. Can I petition court to move date up?

[socrateaser]

>question:
>1. If they say they are not a party,  I just proceed with Mod
>motion, that is all ready on court Calendar?

Call the court clerk and see if a hearing has really been set or not. If not, then file a motion to modify.

>
>2. Do I just send bm letter saying here are numerous choices,
>choose one.. (I know probably pretty funny.. cause if she was
>so nice, we wouldnt need a hearing :) )

Just tell the other parent that you would like to try to negotiate a settlement without resort to litigation and offer to get her a copy of the calculation software so that you can both run the numbers.

And, ask for the I&E declaration and her most recent tax returns.

>3. Can I petition court to move date up?

Yes, but not until you know if a motion has actually been filed (and it's a motion, not a petition).