ExpertLaw.com Forums

Child Support Agency is Trying to Collect Support from Spouse's Assets

Printable View

  • 06-16-2012, 08:55 AM
    pavvintz
    Child Support Agency is Trying to Collect Support from Spouse's Assets
    My question involves civil rights in the State of: CA.

    I am the judgment debtor's spouse who has a right to claim exemptions on "superior" marital property interests , "subject to" an earnings assignment order for support". This is pursuant to CA Family Code 5206... "EARNINGS "subject to"...exemptions claims defined in Code of Civil procedure (commencing with section 703.010)....
    I executed CA. court form EJ-160.... Enforcement of Judgment-CLAIM OF EXEMPTION, pursuant to CCP 703.520.... which is not given to the court , only to the levying agency. "DCSS".
    DCSS, (CA.Dept of child support services who collects and enforces CA. "money judgment"-earnings support order) failed to answer in time frame allowed pursuant to CCP 703.550.... technically, "defaulting".
    BUT they refused to apply my exemption claim against judgment debtor's earnings nor return funds wrongfully, "levied upon", that were claimed as "exempt property", including properties under CCP 704.070 that were already EXEMPT PROPERTY by law, needing no procedure to claim as exempt. COLOR OF LAW ABUSES..... OBSTRUCTION of JUSTICE, JUDICIAL Procedures, and oppression of CIVIL rights. TITLE 42 USC, sec 1983 violations as well as CA. Civil code 52.3

    I attempted to file a "REQUEST for ENTRY of DEFAULT" using CA court form CIV 100.
    This was denied by a court commissioner on NO grounds ... except that I was not a party to the case.... (judgment debtor spouse may claim exemptions against a money judgment CCP 703.020, technically I am, "sued in parity" ??)

    I submitted a "NOTICE of OBJECTION" CA. FL 666 form.... because under Family law 5251-5253... any issue about child support can be submitted to a court commissioner , but may be "objected to" by any party ... asking for a superior court judge to hear the motion 'de novo".
    I suspect this paperwork too will be also be denied on false assumption I am not a party to the case, but my property is... leaving me no other option than to costly litigate this, .......based on CIVIL RIGHTS
    VIOLATIONS of my rights to due process and equal protection on Property interests !

    Any suggestions as to what to do in this case. ???
    DCSS , if they opposed my claim.... was the only party who could file a motion for a hearing with the superior court judge... But as DCSS refused to follow judicial procedures and basically "spit on my claim", dumping it in the trash, rather than litigating it .... I tried for a simple "request for entry of default". pursuant to CCP 585 (b) To get a judgment I could then take back to my different state for further actions if necessary. I have no means of relief in my home state. CA has jurisdiction under UIFSA family code 4906.
  • 06-16-2012, 10:23 AM
    Mr. Knowitall
    Re: Child Support Agency is Trying to Collect Support from Spouse's Assets
    You have shared a lot of references to statutes, and you clearly enjoy using capital letters, but you haven't actually told us what happened.

    Your spouse owes child support. The agency is trying to collect child support from what asset(s), on what basis? You contend that they're your separate property, not subject to enforcement for satisfaction of your spouse's child support based on what?

    Are we talking about a joint bank account? A bank account that's only in your name, but where your husband puts his money in an effort to frustrate collection of his support? Or something else?
  • 06-18-2012, 03:43 PM
    pavvintz
    Re: Child Support Agency is Trying to Collect Support from Spouse's Assets
    The assets considered to satisfy the lien... are only the husband's earnings. "EARNINGS ASSIGNMENT ORDER" issued after judgment rendered pursuant to CA FAM. Code 17420... Wife/Spouse of Judgment debtor does not work (30 year marriage)... but claims Under CA . property law ( family 751, 760 and 1101) and Enforcement of Judgment law (CCP 680-709) husband's earnings are community property. And spouse has rights of exemption claims on these interests (CCP 703.110) which are superior claims, "over and above" the money judgment lien. (CCP 680.190) and nothing interferes with these priority claims and rights to property (CCP 697.020).

    Anyway, this weekend I think I found another door to get before the court (as i am an adverse party with property interests and not of the case) and thus to get around DCSS's judicial procedure, obstruction tactics.... I need To file for an ex parte application order for relief, INTERVENTION, (CCP 387-b) , CA. Rules of Court 5.482-c (Alameda Co.) and request equitable, declaratory and other just reliefs.

    I don't know if this will work any comments for strategies to protect marital property interests.
All times are GMT -7. The time now is 06:11 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved