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  1. #1
    Join Date
    Dec 2013
    Location
    California
    Posts
    10

    Exclamation Custodial Parent Did Not File Responsive Declaration

    My question involves child support in the State of: California

    NCP filed request for modification of child support, specifically requesting his portion of childcare cost be terminated, due to financial hardship.
    Child support is being collected by DCSS.
    CP was served with the motion only, no other form attached, so she was not aware that she had to file anything and that she just had to present her case at the hearing itself. Hearing is in 3 days.
    CP learned from a colleague, just today, that she should have filed a responsive declaration and I&E declaration.

    Will CP's income & expense declaration still be considered if she just brings it during the hearing?
    Insufficient time now to file response and I&E, and serve other party.
    Will her side still be heard in court? Or has she already lost this one by default?

    I need your advice!

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

    Default Re: Custodial Parent Did Not File Responsive Declaration

    You had best be prepared at the hearing with your responsive declaration, and bring supporting documentation with you in case it's needed. There's little else you can do give your timetable. You can try contacting a lawyer in the morning, but it will be difficult to get representation on the date of the hearing.

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