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Is this an international child support enforcement case

Discussion in 'Child Support' started by beltawell, Nov 21, 2019.

  1. beltawell

    beltawell Law Topic Starter New Member

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    It's so long that I haven't update my case. It's a long story. I started a whole new case with Dept. of Child Support Services (DCSS) in California. At first they issued an order to enforce my existing Chinese child support order and then would modify it. But the father kept contacting them claiming that he made a motion in China for adjusting visitation. So DCSS revoked its order claiming that they had no jurisdiction for my case since they had no pertinent law to handle my case.

    Later Chinese court denied the father's motion because both party had lived in USA for over a year and they had no jurisdiction. Then the father appealed to the higher court and it also was denied. All he was trying to do is to avoid and delay my case to the most. So another year passed.

    The I complained my case for the state hearing. The State DCSS determined that it's proper for California to assume jurisdiction and initiate a new legal action to establish child support under Article 10(1)d - establishment of a decision in the requested State where recognition and enforcement of a decision is not possible. So DCSS filed the summons and Complaint in the Superior Court of California.

    Now the summons has been filed almost 3 months, but DCSS is unable to locate the father so they can't get him served. I know the father is still living in California as he has been video-chased with my kid once a week as usual. He never contacted DCSS anymore since the summon was filed. DCSS agent even called him but he refused to provide any information. DCSS tried to send him summon in different locations as they have found he has several living places. DCSS keeps telling me "We cannot move forward until he is personally served with legal documents. If he is chooses to evade service, there is nothing we can do. We are a state agency with limited resources." "If after 3 years from date of initial filing of legal Summons and Complaint DCSS has still have not been able to get him served then we will have to dismiss the legal action and start the process all over."

    It seems that the summon is useless to the father and has no legal effect at all. What can I do? Can I ask for the Superior Court of California to issue a summon? Sorry for so lengthy story. Any suggestion are much appreciated. Thanks a million!!!
     
    Last edited: Feb 17, 2021
  2. Red Kayak

    Red Kayak Well-Known Member

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    What do you do? You keep pushing, you keep on working with the system. Eventually he *will* be served. He cannot hide forever.

    And the joke will be on him: the more difficult he is, the longer he avoids supporting his child, the worse he looks.

    When you finally get a child support order, it just might be backdated to when you filed and he'll owe arrears. Make sure you get the child support order enforced by the state child support enforcement bureaus. Even if there is an annual fee, it is worth it.

    Make sure that he's on the hook for travel for visitation. Not that anyone is travelling right now...
     
    justblue likes this.
  3. beltawell

    beltawell Law Topic Starter New Member

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    Thanks a lot, Red Kayak!!

    Can I file a motion for a substitute service based upon an affidavit from the process server of inability to make service? This may let the server leave the documents with his home, or his place of work. I might also ask for the last resort, service by publication. What do you think? Much appreciated.
     
  4. Zigner

    Zigner Well-Known Member

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    You're not going to be able to get substitute service in this type of situation He needs to be PERSONALLY SERVED.

    EDIT: Don't forget - you have to establish paternity as part of the process.
     
  5. beltawell

    beltawell Law Topic Starter New Member

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    Thanks a lot, Zigner! I really appreciate your help and thoughts!!

    Hum, sounds like we can't do anything now. You know DCSS even called him but he refused to provide any information. Even he is home while the sender knocks on his door, he can refuse to open the door; or he opens the door, but claims he is someone else. So whether he is home or not, it seems that we can never get him personally served. The summon seems no legal effect to him at all. Therefore he could evade paying child support forever. That's kinda incredible to me
     
  6. beltawell

    beltawell Law Topic Starter New Member

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    I'd like to update my case. Finally the California DCSS caught him and served him. In July during the court hearing he claimed that California court has no jurisdiction over him as he moved to Nevada and submitted his Nevada driver license to the court. The judge said she didn't receive such a proof so that his claim couldn't be considered. But he insisted that he sent to DCSS in time. So later the judge decided to delay the hearing till October as she couldn't decide if California had jurisdiction or not. I asked for the temporally child support but the judge denied my request.

    I believe he just rented a room in Nevada when applying for a local driver license, and then he could just cancel the rental lease although he is working from home. But this is not important. The problem is I guess California court mostly will dismiss my case as he "moved" to another state. So I have to sue him in Nevada. He never sent me any case material, so I don't have his address in Nevada or his SSN (the court won't give this to me). You can image how hard for me to serve him again in Nevada as you see how hard for me to serve him this time in California. The worse thing is that even though I finally got him served in Nevada, he could just "move" to another state or move back to California. So in theory, the DCSS could never order him to pay child support.

    Another worse thing is that the California law says I can only ask for child support to pay beginning the date the case is filed. The other state may have the similar law. So if the court eventually entered a support order in the future, he could just only pay support from a future date when I successfully file a support case over him. As a mother, I'm so desperate and just reached to the deadlock: It's so hard to believe in US the father might get escape from paying child support. So what should I do and what should I ask for during the October hearing? Thank you so much. Much appreciated!
     
    Last edited: Sep 27, 2021
  7. beltawell

    beltawell Law Topic Starter New Member

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    Are there any caring people who can help me out? Thanks a million!
     
  8. justblue

    justblue Well-Known Member

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    @Zigner Could perhaps help you. I tagged him.
     
  9. Zigner

    Zigner Well-Known Member

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    I am in California and have some (limited) personal experience with the child support system here, but I wouldn't know what to tell the OP.
    A concern I have, but have not researched, is that California may not accept China's determination of paternity and may require their own determination of paternity.
    Also, if the guy is not a resident of California, then California doesn't have jurisdiction.
     
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  10. leslie82

    leslie82 Well-Known Member

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    There's all kinds of deadbeat parents who don't pay child support even with an order. In six years since the divorce, my ex husband has maybe paid $200. That was garnished wages because most of the time he's either in prison or rehab. So he doesn't keep a job. He is like $35K behind for all 4 of his kids I think. Around that somewhere. And he is ordered just about the minimum a month for all 4 like $330 a month for all 4. I have one with him.

    I'm just saying - the family court system in the US is a joke as is the child support system. Lots of deadbeat parents (sperm donors and incubators) get away with not providing for their children.
     
  11. beltawell

    beltawell Law Topic Starter New Member

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    Thank you so much @justblue, and @Zigner for your help and opinions. I know getting child support from the father seems a little hopeless in my case. Also much appreciate @leslie82 for sharing your experience. Hope you can raise your kid well even without the father's support. Just work hard and live better! Take care as always!
     
    Zigner, Red Kayak and justblue like this.

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