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]

Hey Clerk,

I ran the numbers on FL-150 (and some other forms) where I proved that I'd been financially upside-down since last November. That's when I graduated, landed the job and started paying the CS order which went into affect in 2009. I don't know what income they based the judgment on because I wasn't there and was neither more a college student than a service-connected veteran at the time it was issued.
...dig your signature.

@Dog' - Nevertheless, you've granted the endoxic argument which is precisely what I find revolting.

[Mr. Knowitall]

A court will see little reason to give an immediate hearing on a petition to modify support, as the court can issue a support modification retroactive to the date of the petition.

[CourtClerk]

When I say run the numbers, I mean, did you put the numbers in a child support calculator and see if a modification is warranted. Your bills are going to mean NOTHING to the court. Your FIRST obligation is to support your child(ren), after that, you can pay your bills. If that means you need to move into a smaller, cheaper apartment, you'll have to do that.

And it would seem to me, that by this time, you'd have a copy of the entire file in your hands so you could see what numbers they used initially. If they imputed your income at minimum wage, a modification is going to get you no where.