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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Is it Safe to Ignore Incomplete / Improper Service

    My question involves child support in the State of: CA

    Where do I begin...? My case is with DCSS but DCSS has not been notified the NCP's action. I have not been personally served. I was mailed the crossed out OSC and declaration (8/21/12), but nothing else. He filed a proof of service by mail with the court clerk on 8/6/12. Hearing is set for 9/10/12.

    The NCP desires to modify the existing order for support (again) and modify his extensive arrearages (over $45,000). He wants his license back (it's been suspended for over a year). He filed an I&E with no documentation of income (stated income is false info). Also he filed an OSC (a plethora of problems here so bear with me) Form FL-300. The "for court use only" box has been crossed out, as has the date of filing and the judge's name is crossed through. I have been listed as the Petitioner (his attorney used my former name). In his 3-page declaration attached to his FL-300 provides history (according to him) requests relief to: 1) "Determine arrears - by setting the matter for trial", 2) "Set ongoing child support at guideline", 3) "Attorney fees of $5,000".

    He makes SEVERAL untruthful claims, including: 1) I made him lose his job 2) He has 20% timeshare w/ kids 3) did not incur childcare costs, and asking court to reduce his $45K in support arrears so he can get his license back 4) that I derive income an at-home business 5) many of the paper documents in the court's system are missing or incomplete 5) he was not provided a $7,000 "credit" toward his arrears after the first time that he alleged that there were no daycare expenses and the court granted him his requested relief.

    Currently, NCP has 0% timeshare. He has not seen the children for over 12 months. He has supervised visits due to his meth use. He has a long history of not paying support, not working, not complying with court's orders, filing false motions, etc. I have a domestic violence restraining order against him. He violates the order frequently by cyberstalking. NCP also uses legal abuse to victimize me. I provided documentation that I do not have an at-home business at the modification hearing last year. He has not been ordered to pay childcare expenses as of May, 2011. I believe that his statute of limitations on requesting a set-aside for childcare as it relates to accumulated arrears has expired.

    He has an attorney, I do not. Actually he has 5 attorneys but is somehow unable to pay child support. This particular attorney lies. His attorney has no qualms about filing false documents including proofs of service. This is at least his 6th motion to modify child support in the last 3 years. I am the sole supporter for my family (I am a secretary - not rich) and live out of state. Personal appearance is not an option, both from a financial and health and safety standpoint.

    My question is this: Do I even bother responding???? Service is not proper - I was not personally served and I was not served with all documents. DCSS has no knowledge of his motion to modify. Will the judge see that and dismiss this?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is it Safe to Ignore Incomplete / Improper Service

    No, it is not safe to ignore what you believe to be improper service. If the court has received proof of service indicating that you were properly served, or ultimately disagrees with your assessment that service was improper, you can end up on the wrong side of a default or other determination made in your absence.

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