I guess this is part 2 to my first question. After doing some research with Child Support Services about the case that I attempted to open against the non custodial parent, I discovered that they had in fact received a default judgement against the father of my son. After the judgement was was received, it was put on "reserve" because Child Support Services was unable to locate income for the father. Well, as in my previous post, Child Support Services has since been able to locate his employer, but is moving ever so slowly at reopening the case, obtaining a modification and enforcing the order that was entered 7/7/2005.
I guess my question is this and is somewhat tied into my last post and question. Since I already have (I guess) a support order and in effect paternity was established (I guess) by default, can the judge order support be ordered and enforced from 3/1/2005 (when the first order says he should have begun paying support) or do I have to wait for Child Support Services to get off their behind to do their jobs in order to get the back support? Someone said I may be able to bring a motion on the court to have the judge consider the past order, but how do I write a motion? I am doing this myself because I cannot afford an attorney.
Also, I am still unaware of where the non custodial parent is employed. On the judgement paperwork it says "On record at the local child support agency. Address may be released only upon an order from the court pursuant to Family Code Section 17212(c)(6)." I'm wondering if this means that I will have to ask for an order to have Child Support release this information to me and exactly how hard (or is it impossible) to get them to do it?
I would like to try and compel him to pay for the last 2 years of back support if I can, but I guess if I have to kiss that goodbye and start new I will, but it just seems like there should be a way to (1) have the judge ok the existing order that isn't being enforced or (2) make child support get off their behinds and get to work. They say they are still attempting to get his tax returns, confirmation from the post office of his work and home addresses (although nothing they send to him is being returned to them), employment verifications, etc. These requests all went out in January, and they have to date received no response and they say if they do not receive a response, they will not go back into court. I feel like I'm in a catch 22 and they only people struggling and suffering are my son and me.
Does anyone have any suggestions or advice???