Legal Question in Family Law in California
Please explain what (reservation of jurisdiction) as given in this show cause order request may mean." I am filing the within Order to Show Cause to request a modification of my child support order to zero with a reservation of jurisdiction". Currently in DCSS. This person has filed back through the court not DCSS. Thank you.
3 Answers from Attorneys
Your question is confusing. DCSS does not set child support. In all cases where child support is not set by the parties agreeing, is set by the court. This is done by setting a motion or OSC in court before a commissioner. If this does not answer your question try to talk to one of the DCSS attorneys or workers.
Mr. Johnson is correct. DCFS or DCSS works in dependency. The County Child Support Services Department (CSSD) is the government agency tasked with assisting in obtaining and enforcing child support orders. You can't modify child support through dependency court. Dependency jurisdiction trumps all other family court proceedings, because of the emergency nature of the proceedings and the interest the state has in the welfare of the children involved. You wouldn't want dependency court to reserve jurisdiction at all.
If you are in dependency court, and you have lost access to your children, as the obligor parent, you still have a duty to support them. Your obligation to support your children only ends if the dependency court has terminated your parental rights. If you are the other parent, you wouldn't want to have child support reduced to zero.
Your question is very confusing, and I would suggest speaking to your attorney, without going around behind his or her back.
Mr Roach clearly does not practice Family Law and should not be answering questions he does not understand. DCSS is the correct initials for the Department of Child Support Services. Of course you know that. The answer to your question is that the phrase is surplusage in a child support motion. The court always reserves jurisdiction over child support to make future modificatons as long as the child is a minor. Spousal support is another issue altogether, as the court has the option to retain or end jurisdiction to modify the order if circumstances change.