Modification of court order that was established in 2012

C

Casablanca87

New Member
Jurisdiction
California
I wanted to know the steps I needed to take to modify an existing court order for child support that was based off of income that I was making in 2012.

I have attempted to seek help through the enforcement state which is Calfornia but my case manager is of no help to the point where she literally hung up in my face on Friday afternoon when I was asking her questions regarding my case and request for modification due to the current court order not being based off of my current income, which has changed dramatically since the income I was making in 2012.

The enforcement state is Calfornia but I reside in Nevada, this is not a inter-state child support case because my employer is currently with-holding child support payments and sending them directly to Calfornia.

So as you can imagine, this makes it a bit more difficult because I can't just step inside a Calfornia child support office/court and get help in person.
 
You'll need to hire a CA lawyer to go to court in CA to plead your case about lowering the amount you pay because your income has been reduced.

This is something the state won't do for you, as they represent the recipient not the one who pays the recipient.
 
Would it be complex if I filed the motion with the help of the family law facilitator in Nevada?

Because all the manager said was that she sent a referral to the team that handles modification requests, so should I expect no help from that team since clearly they don't have my best interest?
 
I ask because I doubt I can afford an attorney in Calfornia to represent me?

As it stands my monthly obligation amount is $560 a month and $129.33 a week on top of a $3 charge my employer charges me to send the payment which only leaves me making $201 a week and $804 a month which I can't get by on.
 
Casablanca87 said:
Would it be complex if I filed the motion with the help of the family law facilitator in Nevada?
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I suggest you ask the entity or person you named above.

I can't speak for any other person or entity on whether they (or it) would assist you.

You'd probably have to appear in court in CA, or ask the court if you could appear via electronic means.

I know that courts in Texas often allow opposing parties to appear via electronic videoconferencing, even telephonic conferencing.
 
I actually just recieved a phone call from I guess the modification team informing me there going to be mailing me paperwork not only to add my youngest child but as well as an "answers to complaint form" which according to her would allow the modification to occur.

I haven't had a chance to read up on it but does that sound about right?
 
Casablanca87 said:
I actually just recieved a phone call from I guess the modification team informing me there going to be mailing me paperwork not only to add my youngest child but as well as an "answers to complaint form" which according to her would allow the modification to occur.

I haven't had a chance to read up on it but does that sound about right?
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Yes, it seems what one would need to make the case for you to have your child support payments reduced.

You appear to have two good reasons, a new baby in your current family and lower earnings.

If its done correctly, you might get it reduced starting with the dates these two life changing events occurred.

That could mean you might get a set off against what you've paid in the past, further reducing what you'll owe in the future.

Make sure you comply with what the people that are helping you ask you to do or provide.
 
Ok update time:

Currently DCSS has agreed for my request to modify the court order while adding the youngest child. I have filled out my answer packet and income and expense form, in addition I've included my past 2 months of check stubs.

I just recieved my official copy back from the court clerk that processed my packet in the mail this past Friday.

So now I'm just waiting for either a call from DCSS or paperwork stating the court date because they set it for court.

Currently my monthly obligation is $560 a month for the 2 oldest kids, but with them adding the youngest they are calculating my new obligation amount to be $733.

With the answer I filed, i stipulated I disagree with the proposed amount which I've been told since I disagreed that the dcss office will set it for court.

The custodial parent currently receives $868 in TANF so the state is losing $308 with my current support obligation of $560 a month.

Now my specific questions follow below:
1) Will the custodial parent have any influence/say so on the court date?

2) What should I expect during the court date?

3) The custodial parent receives $753 a month in disability for our 8 year old deaf daughter because she's her payee, would that have any influence with child support?

My thinking is that I believe in Calfornia the custodial parent can't include our deaf daughter on her TANF case because in lieu of reviving TANF for her she instead receives the disability payment for her.

4) If the treasury offset intercepted my tax return for an amedmended tax return I filed and recieved on May 4th, 2018 how long typically would it take for that payment to reflect on my case with child support?
 
Both parties get to be involved in a court hearing.
Your former spouse could be a millionaire.
In this case the mother's income has nothing to do with what the state believes is your share of support.
In all reality $800 a month can't support three children.
Heck, $800 a month can't support you.
What you're seeing is the result of breeding, mate.
This is why an old song retorts, "It's cheaper to keep her, makin' whoopee."
 
I fully understand what it takes to raise 3 kids and I know $800 a month doesn't go far but unfortunately I don't make that much currently with my current job. So unless I happen to get a better paying job I'm just not able to do that and at least provide my basic needs.

I'm lucky enough to where all my utilities are included with my rent as well as my job being within a 10 minute walk of my house.

I don't have any luxurys that my kids don't have.
 
Casablanca87 said:
I fully understand what it takes to raise 3 kids and I know $800 a month doesn't go far but unfortunately I don't make that much currently with my current job. So unless I happen to get a better paying job I'm just not able to do that and at least provide my basic needs.

I'm lucky enough to where all my utilities are included with my rent as well as my job being within a 10 minute walk of my house.

I don't have any luxurys that my kids don't have.
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I'm just another of billions of internet dummies.

You owe me no explanations, nor did I comment about the state of your finances.

I simply commented on the state's policies regarding child support as I know them to be.

You are free to ignore my information and proceed under your own guidance.

The state has very little willingness to bend where child support is concerned, because they use tables to drive their conclusions.

You have the right to appeal all decisions.

At the end of the day, there are very few reasons to have child support calculations reduced.

A permanent disability MIGHT impact what one pays, your death would eliminate all payments, if you had one or more children with another woman your support amount to these children would be reduced; again, very few reasons allow a person to escape the child support machine.

In a sentence, the state is going to confiscate a percentage of your income, no matter how little.

If your income is too low for their tastes, they'll assess their minimum anyway.

This a trap from which few escape.

Good luck in your quest.
 
Breeding can be expensive if you allow the wrong person to breed with you.

If you sire a mare, stallion, you're on the hook for years.

If you allow a boar to breed you, sow, the boar may disappear leaving you to rear the brood alone.

Breeding is risky business.

There are few guarantees in life, but birth (should you survive it), and death (which you'll never survive).
 

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