Request to Modify in California

[ThwartedOptimist]

My question involves child support in the State of: California

My ex moved home to CA when we got pregnant and filed for child support there when our son was born. Long story short, the courts issued a default judgment because I didn't appear -- I was in college on the other side of the country and didn't know that I could "appear" by phone. Now that I'm employed (still on the other side of the country) and my wages are being garnished, I'm losing property because of the exorbitant payments. When I lose my apartment (June or July at this rate), I'll have to move, will lose my job and will be back where I started when the order went into effect. Also, "Mom" won't communicate with me, waits as long as the courts will allow her to respond and has been aggressive about my intended involvement in my child's life.

As of now, it could take 120 days to get the hearing I've requested, but I won't be able to support my child by that time.

How can I file to get a hearing immediately?

Thanks ahead of time to the knowledgeable volunteers who are kind enough to respond and any other advice you can offer would be greatly appreciated too.

[Lawrence084]

What is your arguement for seeking a reduction? Something has to change from the time your support order was created to the now. Your post reads as if you known the child support was coming and the court order, which means you provided them with tax forms and/or pay stub(s). I learn this lesson too. Even though you did not shown up to court, you would be still paying the same amount as if you did, Why? Because you live too far for any percentage of custody. The "Mom" would have still recieved 100% custody and that means the default judgment you recieved would have still been issued.

In order to get the order modfied you need a reason. Something had to change between then and now. Lower pay (10% or more lower), loss of job, ect...

Note: If your pay went up, you might find yourself paying more.

What changed?

[mamaluv]

Not much you can do to speed up the process. I am in CA & I have had 2 modifications and both times it took 4 months for a hearing.

[ThwartedOptimist]

Thanks for your responses, guys. I'm just going to work overtime which is proportionally absurd to the demands until my employer catches on, fires me and/or I get evicted from my apartment. And when it all goes south and my child doesn't have my support, I'll beam with pride that the whole mess of it was google-able.

[Dogmatique]

You keep on beaming while your child goes without support.

Excellent parenting.

(And believe me - a deliberate or willful lack of employment won't reduce your obligation.....)

[Dogmatique]

LOL that's actually somewhat amusing. You obviously haven't read my prior posts too well. I'm one of the few posters here who actively encourages fathers to get court orders to protect THEIR rights. I'm also one of the most frequent posters in the child support and paternity forums. Given that I know a whole heckuva lot about it.

But seriously - you have to show a genuine change in circumstance in order to get child support lowered. And really, you've given no legal reason why the hearing should be brought forward.

Incidentally, I wasn't the only person who perceived YOUR post that way. SEVERAL readers did, and didn't respond based upon your attitude.

So - how else may we help you?

[CourtClerk]

Have you run the numbers to see if a modification is even warranted? What income did they base the default judgment on? HOW OLD is the judgment itself? Were you served? If so, how?

[ThwartedOptimist]

Mine is not a question at all, but statements about child support in the State of: CA

Regarding the question originally posted in the thread: http://www.expertlaw.com/forums/showthread.php?t=122165

It's quite possible to get your request to modify processed quickly, and in everyone's favor. Don't listen to the silly or frustrated people who responded otherwise in my last thread. It took me a total of about a month and a half, and I'll now pay considerably less on the next paycheck.

Be patient and work hard with your CS representative. And who knows? Maybe someone out there can get it done in even less time. This almost certainly isn't the only answer to the original question.

Also, since the mother is causing everyone grief, don't bother with her. The courts see more like them every day and they're starting to get very old. Step back and let them make fools of themselves; do not try to handle the psychosis they're projecting. Even if you were to solve her problems, you'd be come her biggest one.

[ph_dudley]

Always remember the local child support agency has to obtain information from both parties, and then run it through to determine if the amount will change by a certain amount. This alone takes time to process and then there is no guarantee that the local child support agency will file a motion in court if the circumstances don't met certain criteria.
You ALWAYS have the option of going to the court and filing your own motion and this is always faster to get on court calendar.

[ThwartedOptimist]

Indeed, the fastest way that was suggested to me while I was at this was to file my own motion. The problem is that if you're (far) out of state, that's difficult to do without a lawyer. It was actually my intent to ask that question, but -- and I count myself among the best of company -- I know so little about the law as to be unable to navigate it with my own, native dialectic.

So if anyone cares to enlighten the parents out there who might need to do so, please share with us how to file your own motion. Simply, what form would that be?