Won a Motion to Set Aside, What Now

My question involves child support in the State of: California

So I filed a motion to set aside my child suport based on the fact that I was served imporperly (actually never served). DCSS did not oppose setting aside the financial orders but they reserved retroactive jurisdiction to the dates set forth in the judgment. (April 2007 till present)

So far I have payed in just over $6,000.00 the moneys were payed to the welfare system. All the money from April 2007 till present was zerod out and the retroactive portion I now owe is $1,700.00. My taxes were taken last year because of the past due amount.

My last court date was July 27th and I was already sent the minuts and new orders. When I called for an account bal. August 9th they told me my account was zerod out, so I filled my 2009 taxes. The day after I filled my taxes I recieved a statement from DCSS saying my bal. was $4,500! Great now they are going to take my taxes evan though I hold a court order in my hands saying I only owe $1,700 which should be absorbed by the 6000 i have already payd.

What I want to know is how can I get my taxes that they just barley took back, and am I due a refund of the $6,000 dollars that I have already payed minus the $1,700 from my retroactive balance?

I sure do hope that this all makes sense and any help on the matter would be greatly appriciated

Very simply:

Answer 1: With great difficulty because you will eventually be found to be liable for supporting your child even though you were not served and;

Answer 2: No refund.

You can be legally held liable for child support even without being served; improper service does not necessarily wipe out the obligation.

If you're in any doubt, contact the Tax Advocate Service

No I understand that I am still legally liable but the financial portion was wiped out but retroactivly I now owe $1700 instead of $4,500 I have paid already over $6,000 so where does that money go if it was supposed to wiped out?

Shouldnt the $1,700 be absorbed by the $6,000 that was paid already? This I don't understand.

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Quoting need some help

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No I understand that I am still legally liable but the financial portion was wiped out but retroactivly I now owe $1700 instead of $4,500 I have paid already over $6,000 so where does that money go if it was supposed to wiped out?

Shouldnt the $1,700 be absorbed by the $6,000 that was paid already? This I don't understand.

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Contact your DCSS caseworker, they are the only ones who can get this straightened out.

Since your order was vacated, have you or DCSS already filed for a new order?

If not, and DCSS hasn't filed yet, you should file for it yourself because it sounds like DCSS is going to ask that the new order be retro back to the date of the vacated order and you'll owe some retro support.