Legal Question in Family Law in California

Establishing Child Support Court Order

I'm almost divorced. The dissolution judgment is sitting in the judge's ''IN'' basket at the court. I gave it to our court runner for filing 3 weeks ago (I called, that's how I know it's in the in basket).

I did my whole divorce IN PRO PER. I've been a legal secty so I knew a little about it and the ex didn't care enough to show up at court or respond to anything so it was only me getting what I wanted in court (made it easy). I have sole custody, legal and physical, of our 8 year old son.

The ex and I split last Aug 2002. He hasn't paid me one red cent since January 2002 (he didn't support the family either prior to split).

The judge, for some weird reason, referred me to Dept of Child Support Services for the support court order.

Why? I opened a case with the DA to establish an order, so I can receive some money in support (or at least have an order) and I'm told they will go thru the whole formal process AGAIN. Summons/Complaint, serving him,....I already did all that!!!

Can I just submit a Notice of Motion, with an Income/Expense Dec and get my support order this way? Would be easier than having the DA do it. I can do it myself. I have the software at work, plus a free court runner.


Asked on 6/19/03, 10:44 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Establishing Child Support Court Order

You can submit a notice of motion requesting support. If the court has not previously heard the issue of child support you can request that the support order commence on the date of the filing of the petition for dissolution. This will probably faster than going through the family support office.

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Answered on 6/19/03, 11:56 pm


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