Can someone tell me how to fight Child Support Services?

[DignifiedDelta]

What is the name of your state? California

Hello everyone,

I sure hope someone can help me. In 2005, I filed a child support case against my ex. Child Support Services (Los Angeles County) went to court and I am guessing (I have the complete file in my hand) received a tentative support order on my behalf of myself for $254.00 per month based on "presumed income as provided by law." On the bottom of the order it also states "case is reserved. no employer found for the defendant." On a different paper it states "the issue of child support is reserved."

After I opened the case, I was notified months later that there was an order obtained, however, I didn't find out about this "reserve status" until last year, when I began inquiring about why it was I had not begun to receive payments. I was told that an employer was located for my ex in April 2006, however, since the case was put on reserve, they did not attempt to collect or enforce the order. I was furious. Since October 2006, I have been on the phone with support services every 2 weeks attempting to get my case off of "reserve" and enforced, as well as an upward modification. My ex owns 2 homes, 3 cars and a jacuzzi in the backyard. No way is he making minimum wage (as I have learned is the presumed income required by law). In the meantime, my rent has just about doubled (it's gone up 40% in 9 months, I am beginning to struggle to make ends meet and he's kicking back stating to me via email "I'll pay the support when they come and get it from me." I am the sole support for my child, but as with everything, the cost of everything is going up, my pay is not. Child support services is dragging their feet as I am just a number to them. I was basically told by an employee of the agency that they are so swamped trying to collect money from NCP's whose children are on welfare, that my case is not a priority. I've spoken to supervisors and everything. Anyone who would listen, I've gotten no where. I attempted to go back and get an order of my own, but was told that since I opened a case with child support services, the judge will defer the issue of support back to child support services and their attorneys. I seem to be stuck between a rock and a hard place. I cannot afford an attorney to sue the County of Los Angeles, I am barely keeping my head above water. I thought I was doing the right thing by allowing support services to handle my case....however I think I may be wrong. I have never been on public assistance, so there is no money owing to the state.

What do I do? What are my legal remedies if I have any? Can someone PLEASE help me?

Thank you in advance.

 

[GrowUp!]

What is the name of your state? California

Hello everyone,

I sure hope someone can help me. In 2005, I filed a child support case against my ex. Child Support Services (Los Angeles County) went to court and I am guessing (I have the complete file in my hand) received a tentative support order on my behalf of myself for $254.00 per month based on "presumed income as provided by law." On the bottom of the order it also states "case is reserved. no employer found for the defendant." On a different paper it states "the issue of child support is reserved."

After I opened the case, I was notified months later that there was an order obtained, however, I didn't find out about this "reserve status" until last year, when I began inquiring about why it was I had not begun to receive payments. I was told that an employer was located for my ex in April 2006, however, since the case was put on reserve, they did not attempt to collect or enforce the order. I was furious. Since October 2006, I have been on the phone with support services every 2 weeks attempting to get my case off of "reserve" and enforced, as well as an upward modification. My ex owns 2 homes, 3 cars and a jacuzzi in the backyard. No way is he making minimum wage (as I have learned is the presumed income required by law). In the meantime, my rent has just about doubled (it's gone up 40% in 9 months, I am beginning to struggle to make ends meet and he's kicking back stating to me via email "I'll pay the support when they come and get it from me." I am the sole support for my child, but as with everything, the cost of everything is going up, my pay is not. Child support services is dragging their feet as I am just a number to them. I was basically told by an employee of the agency that they are so swamped trying to collect money from NCP's whose children are on welfare, that my case is not a priority. I've spoken to supervisors and everything. Anyone who would listen, I've gotten no where. I attempted to go back and get an order of my own, but was told that since I opened a case with child support services, the judge will defer the issue of support back to child support services and their attorneys. I seem to be stuck between a rock and a hard place. I cannot afford an attorney to sue the County of Los Angeles, I am barely keeping my head above water. I thought I was doing the right thing by allowing support services to handle my case....however I think I may be wrong. I have never been on public assistance, so there is no money owing to the state.

What do I do? What are my legal remedies if I have any? Can someone PLEASE help me?

Thank you in advance.

What he allegedly owns is irrelevant. So is your rent increasing. Perhaps you need to move to a place within your means. You aren't entitled to an upward mod "just because" your costs are going up. That's not how it works, nor is it the purpose of child support.

Have you bothered calling the state's main number (each state should have a central or "main" support enforcement, as mandated by federal law several years ago) to file a complaint/grievance?

Their agency is swamped, just like every other CSE agency in this country. They have their priorities (that they are probably required to follow) and cases like yours just are not as important as those who rely on taxpayer supported programs. Just keep on them.

 

[nextwife]

CS is NOT to pay YOUR rent. You'd have rent even if you were childless, and it would still have gone up.

FYI- YES, a person can have a nice house, two or three cars and have a modest salary. I worked my buns off, two jobs, through my twenties and thirties, and made a very nice amount of money, so I have a lot of equity, and cars with no payments. But today my industry has changed and I make less than I used to and I don't have a second job, because I want more time with my fourth grader. One cannot tell another's income by what they own. What they own can have come from savings, inheritance, spouses money, or a prior income level.

 

[DignifiedDelta]

What he allegedly owns is irrelevant. So is your rent increasing. Perhaps you need to move to a place within your means. You aren't entitled to an upward mod "just because" your costs are going up. That's not how it works, nor is it the purpose of child support.

Have you bothered calling the state's main number (each state should have a central or "main" support enforcement, as mandated by federal law several years ago) to file a complaint/grievance?

Their agency is swamped, just like every other CSE agency in this country. They have their priorities (that they are probably required to follow) and cases like yours just are not as important as those who rely on taxpayer supported programs. Just keep on them.

Grow up,

You really need to take your own advice. As it happens to be, California is a shared income state and child support is based on the income and expenses of both parents. It's not my fault one of the parents LIED in doing their income and expense declaration and CSE did not do due diligence in verifying his information as they did mine. I did everything above board and provided everything they requested (tax returns, pay stubs, expense receipts, etc.). What he owns IS my business and is the business of CSE now that they are involved. I'll have you know so it makes you feel better, I make between 40 and 50K a year, don't have any extras, as the only extras that are spent are for the benefit of my child (sports programs, martial arts, tutoring, etc.). YOU tell him he can't do those things.

Now, as for where I live and how I live. I live well within my means, but if you lived in Southern California, you would know that the cost of living has skyrocketed all over the state (as I stated, my rent has been raised (meaning it was much cheaper before). I am paying only $100 over the current market rate in my area (see, I do do my homework), so as far as finding somewhere cheaper, why don't you go online, find somewhere for me to live that is less than the current amount that I pay where you would feel comfortable raising YOUR children (cancel that....I'd question how you raise your children). I have zero debt, I owe no one except my finance company for my car. My total credit card debt equals less than $300 between all of my cards. You could probably take some lessons from me. Some of us don't have the luxury of living in swamp land and would like to be able to afford our children of living in an area where it's still safe to go outside. Speak what you know and leave the fact that someone has obviously left you scorned out of your answers.... or go answer someone else that wants to put up with your ignorance. I deal with ignorant scorned people all day long at work, I'd rather not deal with you on my off time, however, I could probably recommend a few good therapists to deal with your issues if you'd like.

 

[DignifiedDelta]

CS is NOT to pay YOUR rent. You'd have rent even if you were childless, and it would still have gone up.

FYI- YES, a person can have a nice house, two or three cars and have a modest salary. I worked my buns off, two jobs, through my twenties and thirties, and made a very nice amount of money, so I have a lot of equity, and cars with no payments. But today my industry has changed and I make less than I used to and I don't have a second job, because I want more time with my fourth grader. One cannot tell another's income by what they own. What they own can have come from savings, inheritance, spouses money, or a prior income level.

No, one cannot tell a person's income by what they own, but I can guarantee you that he is (1) not married, so there is no spouse (2) has very little savings (it's put in his toys) (3) There has been no inheritance because the people he would be inheriting things from are still alive and well (4) there was no prior income level, he wasn't working up until he finished school a several years ago and his main source of income was his parents, who have since stopped supporting him because he is very well capable of supporting himself.

Again...this is Southern California people....no one here is financing a house (much less 2) unless they purchased it 10 years ago (his were purchased 5 and 2 years ago respectively) or put a sizeable down payment unless they can afford it. CSE has admitted that the may not have done things correctly, however they are slow to correct it, in the meantime I receive and have received in 2 years $0.00 per month. Nothing, zero, nada, zilch.

I don't think you guys get it.

 

[Ohiogal]

No, one cannot tell a person's income by what they own, but I can guarantee you that he is (1) not married, so there is no spouse (2) has very little savings (it's put in his toys) (3) There has been no inheritance because the people he would be inheriting things from are still alive and well (4) there was no prior income level, he wasn't working up until he finished school a several years ago and his main source of income was his parents, who have since stopped supporting him because he is very well capable of supporting himself.

But you dont know who owns the house. It could be owned by a business or corporation. He could be renting the houses. There are many explanations for what he has which says nothing about his income.

Again...this is Southern California people....no one here is financing a house (much less 2) unless they purchased it 10 years ago (his were purchased 5 and 2 years ago respectively) or put a sizeable down payment unless they can afford it.

You are generalizing. So basically what you mean is everyone pays cash for their homes?

CSE has admitted that the may not have done things correctly, however they are slow to correct it, in the meantime I receive and have received in 2 years $0.00 per month. Nothing, zero, nada, zilch.

Well then CSEA is to blame and you can't blame him. he will be arrears when they catch up. And you cannot depend on CS to pay your bills. You really can't. Because if you do you would end up in financial difficulty.

I don't think you guys get it.

I get it. But I don't think YOU get it.

 

[fairisfair]

your local CSE office has an ombudsman office that oversees it's practices. Contact them and file a grievance. They are usually fairly quick, believe it or not, to act on complaints.

If they are not, then write to your representative, congressman, governor and every other political entity you can think of.

 

[jbowman]

Here is an option:

I am in CA and I had an open case with CSE years ago. They SUCKED so I just closed the case and went to Family Court and started a new one (since it is two different things). It DID cost me a $350 filing fee to open the new case but that is pretty much all I have had to pay aside from maybe $35 here and there over the years for little fees to modify etc.

When I did this, CS was ordered thru CA court and a wage assignment was put into effect. My attorney typed it up and served it on his employer. It is now MY responsibility to keep up with where he works etc. Also my responsibility to call his payroll office if I have not received my check on time. (I have called down there screaming bloody hell, and guess what-- check was in the mail within days!). You can do it yourself or have your attorney do it. But I will tell you one thing.... because I was never on state aid--getting away from CSE was the best thing I ever did.

 

[DignifiedDelta]

But you dont know who owns the house. It could be owned by a business or corporation. He could be renting the houses. There are many explanations for what he has which says nothing about his income.

I'm not reaching for things out of my behind when I say these things. Actually, as I stated before, he OWNS those homes, and yes, I do know who they are owned by. My sister works for the tax assessor's office, they are in his name, owned solely by him, I have the documentation already. I've checked. I've done my homework. The problem is getting someone to act on the information.


You are generalizing. So basically what you mean is everyone pays cash for their homes?

No, however, with the current housing boom, no one making 30K a year is buying a home in So. Cal these days.....they certainly aren't buying 2. It's a sellers market, not a buyers market and it has been for several years now. Besides, I have been able to obtain his income....he's not living in poverty. The median home price is now over 500K, what bank do YOU know of that is lending out upwards of 1 million dollars for some average Joe Shmoe to buy 2 houses?


Well then CSEA is to blame and you can't blame him. he will be arrears when they catch up. And you cannot depend on CS to pay your bills. You really can't. Because if you do you would end up in financial difficulty.

I have already stated that CS screwed this up royally, and they are in agreement, just slow (if that's even the word for it) to fix what they messed up. If I were depending on CS to pay my bills, I'd already be up to my ears in lawsuits, because I don't know if you saw that in my original post, I receive a big, fat, whopping ZERO per month. NOT A DIME. NOTHING. The case is and has always been in reserve status, so they are not enforcing it. I've never received a dime....ever. Please don't assume I'm trying to use my support to live on. Even if I were to receive support $260 just about covers lunch money and karate lessons.
I get it. But I don't think YOU get it.

I really don't think you do, but I guess we'll have to agree to disagree.

 

[Ohiogal]

See I do get it. But the problem is you don't understand where I am coming from. And when you figure that out, then maybe you will get it.

 

[DignifiedDelta]

Here is an option:

I am in CA and I had an open case with CSE years ago. They SUCKED so I just closed the case and went to Family Court and started a new one (since it is two different things). It DID cost me a $350 filing fee to open the new case but that is pretty much all I have had to pay aside from maybe $35 here and there over the years for little fees to modify etc.

When I did this, CS was ordered thru CA court and a wage assignment was put into effect. My attorney typed it up and served it on his employer. It is now MY responsibility to keep up with where he works etc. Also my responsibility to call his payroll office if I have not received my check on time. (I have called down there screaming bloody hell, and guess what-- check was in the mail within days!). You can do it yourself or have your attorney do it. But I will tell you one thing.... because I was never on state aid--getting away from CSE was the best thing I ever did.

JBowman,

Thank you for your advice. I will definately look into that. I tried having an order done myself about a year ago, but the judge just deferred the issue back to Child Support Services. He said I already had an open case, so it was best dealt with with them (yeah right). So, I guess if I call and close my case, I can have the support order done myself is what you are saying. I think they are open until 7, I will try and call them tonight, other than that, you better believe that will be my phone call tomorrow (you know being on hold with them will cost you about an hour of your life and a few gray hairs). I can go down to the courthouse as soon as my case is closed and have them reopen my custody matter and tie a support order into that. Keeping track of his employer won't be hard (I have his mother on my side). She's disgusted at her son's behavior.

Once again, thank you so much and God Bless!

 

[Shay-Pari'e]

See I do get it. But the problem is you don't understand where I am coming from. And when you figure that out, then maybe you will get it.

And coming from a Family Law attorney no less.

Nope, she doesn't get it. Actually, her income puts her in the slums of LA.

 

[DignifiedDelta]

See I do get it. But the problem is you don't understand where I am coming from. And when you figure that out, then maybe you will get it.

And coming from a Family Law attorney no less.

Nope, she doesn't get it. Actually, her income puts her in the slums of LA.

I don't care who it comes from. She's an attorney, she's not God. And as for you, no, I don't live in the slums of LA. I said I live in Los Angeles County, not within the city limits (genius). I actually live in a very nice neighborhood. Last month (because we receive a monthly newsletter) we had no major violent crimes, actually, we haven't had one in several years. The schools are some of the best in the county, the crime rate is very low so please.... leave your attempted (and they are attempted) personal attacks somewhere else. Hate doesn't look good on you. I'm not going to ask where you live....it's completely irrelevent to the conversation (you ought to know that).

 

[CourtClerk]

DD,

I'm sorry that you find yourself on this board having to defend yourself and your family against some people that obviously for some reason have something against you because they are now resulting to just what you said, personal attacks. Whether she lives in the slums of LA or not (and I'm not sure what that has to do with anything anyway) she was in here to ask a question. Some have helped, some she disagrees with and she's added information for clarification. That's her right to do, but Shay, what right do you have to speak on her living situation, when I'm going to guess that you doing know this woman (I could be wrong)? Was that really called for? Did you come in here just to add that? Do you feel better now? I'll have you know that with somewhere between 40 and 50K you CAN in fact live somewhere other than the slums of LA (how much do you know about Cali)? Because I know damn good and well I don't live in the slums of LA and my income is comparible.

I didn't get the responder's name, but the ombuds office is exactly where you should go. Tomorrow, I will PM you a phone number to a friend of mine that works in that office. Also I have a Family Law Facilitator contact at Central Civil West (the support court). Maybe she can help you. Also, look into what someone else said about closing your support case and opening your own (I don't know how old your child is, but I imagine school aged). Perhaps you can contact one of these ladies and they will be able to lend you some assistance. CSSD is awful sometimes and great others. I think they have just really gotten too big as with most County agencies.

Good luck to you!
CC

 

[Shaye]

hooray!

Thank you, CourtClerk for coming to this lady's defense. I am getting the impression that some people come into this forum to vent, or to let the world know what miserable human beings they are.