Legal Question in Family Law in California

The local child support agency in San Bernardino, CA has sued me for child support for support of my 2 children. My wife left me back in October 2010 and moved from our home in Maryland to California. I never received notice of the Hearing, and now suddenly I have received notice that a hearing was held on Sept. 15, 2011, and that support has been set at nearly $1,400 for my 2 children. The calculations sheet used was totally in error (it said my wife does not work - she does. It said I have no other children to support - I do. It said that she has the children 100% of the time - I expect them to be with me every summer for 2-3 months). I cannot afford an attorney. The legal aid offices in San Bernardino will not give advice over the telephone. I was just informed by my boss that I will likely not get my next paycheck as the whole thing is going to back support (they have set it as starting June 1, 2011, so I am over $5K in the hole already). What can I do? Can I ask the judge to re-open the case? Do I have to file a motion? I feel completely helpless and confused. Please advise.


Asked on 10/26/11, 11:29 am

3 Answers from Attorneys
Michael Schneider Family Law Center

You need to have the prior order set aside in order to have things rectified. You should file for divorce immediately where you live and for custody of your children. Otherwise, you can file here too, in California. Your employer should be taking no more than 50?% of your wages and it says that on the wage assignment he received; maybe he needs to read it again. You really should get yourself an attorney who specializes in family law matters. Good luck!

www.FamilyLawCalifornia.com

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Answered on 10/26/11, 11:44 am

The Department of Child Support Services is a modern Gestapo, and acts with complete impunity because no one can afford to fight the unconstitutional powers it has been given, and then abuses on top of it all. Unfortunately you will get no where until you bite the bullet and hire an attorney. Things will only get worse if you don't.

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Answered on 10/26/11, 12:43 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. It sounds as though they have obtained a default judgment against you. You are going to have to get an attorney, and have the thing set aside.

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Answered on 10/26/11, 4:36 pm


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