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  1. #1
    rickpoggio is offline Junior Member
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    is a child support case a civil suit?

    What is the name of your state (only U.S. law)? ca
    is a child support case a civil suit?
  2. #2
    BL
    BL is offline Senior Member
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    Are you doing homework ?
  3. #3
    SIN EATER is offline Member
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    Yes, it is a civil case.
    In your state, CA, there is a Penal Code [PC 270] whereby a parent who fails to support their child, can be prosecuted criminally.
    In L. A. county, that is a common prosecution emanating from the 'civil' issue of family law/child support [Child Support Enforcement is specially deputized, by the District Attorney's Office, to prosecute that specific charge).

    In CA, there are courts specifically designated as 'Family Law' courts (they are civil Superior Courts).

    In most states, non-payment of child support can be filed as civil or criminal contempt, with jail time resulting from a finding of contempt (true also in CA).
    Last edited by SIN EATER; 11-14-2008 at 01:33 AM.
  4. #4
    CourtClerk is offline Senior Member
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    Quote Originally Posted by SIN EATER View Post
    Yes, it is a civil case.
    In your state, CA, there is a Penal Code [PC 270] whereby a parent who fails to support their child, can be prosecuted criminally.
    Why are you mixing civil and criminal law? That wasn't the question...
    In L. A. county, that is a common prosecution emanating from the 'civil' issue of family law/child support [Child Support Enforcement is specially deputized, by the District Attorney's Office, to prosecute that specific charge).
    Really???? How "common" is it? What are the qualifications for such prosecution? You speak as if you know.
    In CA, there are courts specifically designated as 'Family Law' courts (they are civil Superior Courts).
    News for you.... ALL the courts in CA are Superior Courts. They unified years ago. There is no such thing as a "civil Superior Court" as you put it. I would also like to know which courts are specifically designated as 'Family Law' courts.... as I've never heard of such a beast. Maybe there is one in a smaller county somewhere, because surely I don't know of what goes on in all 58 counties in CA, but you make a statement as if it happens all across CA. Point me to one 'Family Law' court, please.
    In most states, non-payment of child support can be filed as civil or criminal contempt, with jail time resulting from a finding of contempt (true also in CA).
    Not sure where any of this was asked....
  5. #5
    SIN EATER is offline Member
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    Court Clerk, Your knowledge is very limited to CA (and local CA).

    The IV-D courts (16th floor) at 600 South Commonwealth in Los Angeles County are civil courts.

    However, the CSE (Child Support Enforcement Agency ... I think Browning is the current head in L.A.) is deputized by the Los Angeles (you are in L.A., aren't you?) District Attorney's Office to prosecute Penal Code 270 - Failure to Provide (only penal code section the IV-D attorneys prosecute). These cases are prosecuted on the 4th floor (might be the 6th floor, I haven't been there in a while) of 600 So Commonwealth.

    Thus there is a mixture of civil and criminal aspects to child support.

    Superior and Municipal Courts were unified in CA, but they retain separate 'Family Law' courts (this may surprise you, CC, but not all states have dedicated 'FL' courts. In some states, a court will hear a criminal, then a probate, then a family law, then a criminal case).

    You are very accurate and have a good common sense grasp of problem-solving, Court Clerk, but you are also unaware of your limitations and contradict too quickly.
  6. #6
    CourtClerk is offline Senior Member
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    Quote Originally Posted by SIN EATER View Post
    Court Clerk, Your knowledge is very limited to CA (and local CA).
    Really??????
    The IV-D courts (16th floor) at 600 South Commonwealth in Los Angeles County are civil courts.
    I suppose you're ready to tell me that Central Civil West (the courthouse you are referring to) is a "family law court" aren't you? Well... here's news for you. That courthouse hears complex litigation for the Central District. Therefore, it is not a "family law court," we lent 2 floors to the District Attorney's office years ago to centralize their cases. Hardly makes it a family law court when they hear unlimited civil cases...
    However, the CSE (Child Support Enforcement Agency ... I think Browning is the current head in L.A.) is deputized by the Los Angeles (you are in L.A., aren't you?) District Attorney's Office to prosecute Penal Code 270 - Failure to Provide (only penal code section the IV-D attorneys prosecute). These cases are prosecuted on the 4th floor (might be the 6th floor, I haven't been there in a while) of 600 So Commonwealth.
    And they don't hear criminal cases at Central Civil West... 270pc cases are heard at Central Arraignment...
    Thus there is a mixture of civil and criminal aspects to child support.

    Superior and Municipal Courts were unified in CA, but they retain separate 'Family Law' courts (this may surprise you, CC, but not all states have dedicated 'FL' courts. In some states, a court will hear a criminal, then a probate, then a family law, then a criminal case).
    I'm not talking about 'some states', I'm talking about MY state and when you start talking about CCW, I'm talking about MY county and a courthouse I worked in for YEARS. Both with the Courts and Child Support Services.
    You are very accurate and have a good common sense grasp of problem-solving, Court Clerk, but you are also unaware of your limitations and contradict too quickly.
    I would hardly think so. I obviously know much more about this system from all sides of it, than you do - and I can prove it.

    You don't impress me with throwing Lori Browning's name out... you don't know her and you could have gotten it from google
  7. #7
    SIN EATER is offline Member
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    AH ... we have common knowledge about CCW at 600 Commonwealth, which has four IV-D courtrooms on the 16th floor (and the CSE's cubicles on the 18th floor).

    So, they moved the PC 270 prosecution ?
    They were doing it on the 4th or 6th floor.

    I didn't know if the OP had a FL problem or a IV-D problem.

    I always try to explain the courts to laypersons as different (CSE v FL), don't you ?

    When answering a general question about child support, I also try to explain to people that there are consequences to non-payment which includes potential jail (criminal, wouldn't you say).

    Haven't you ever heard of PC 270 ?
    Did you know it was prosecuted at CCW ?
    I know the Judges wanted it moved - it probably has by now, but surely your knowledge goes back at least five years.

    Hey, is the Family Law Faciltator's Court still on the 16th floor ?
    Is Roberta Lee, Marshall, Nick and Trip Webster still the IV-D Judges/Commissioners on the 16th floor ?
    Is the deli on the first floor still in operation ?
    Last edited by SIN EATER; 11-16-2008 at 06:51 PM.
  8. #8
    CourtClerk is offline Senior Member
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    Quote Originally Posted by SIN EATER View Post
    When answering a general question about child support, I also try to explain to people that there are consequences to non-payment which includes potential jail (criminal, wouldn't you say).
    No, I answer the question. There is no purpose in giving too much information, especially since it's harder than hell to get CSSD to prosecute under 270. Giving a layperson too much information is counterproductive in my field.
    Haven't you ever heard of PC 270 ?
    Of course I have.
    Did you know it was prosecuted at CCW ?
    Yes I did, but it hasn't in some time. They interview at CCW, but they hear the cases at CAC.
    I know the Judges wanted it moved - it probably has by now, but surely your knowledge goes back at least five years.
    You said it's been some time since you've been there. I was there last week and I'll be there again covering tomorrow and I'm usually there once or twice a month. It's safe to assume I know what I'm talking about.
  9. #9
    CourtClerk is offline Senior Member
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    As to the additional questions....

    Quote Originally Posted by SIN EATER View Post
    Hey, is the Family Law Faciltator's Court still on the 16th floor ?
    yes
    Is Roberta Lee, Marshall, Nick and Trip Webster still the IV-D Judges/Commissioners on the 16th floor ?
    Not all of them, no
    Is the deli on the first floor still in operation ?
    yes
  10. #10
    SIN EATER is offline Member
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    So tell me -
    is Nick, Marshall, Trip and Roberta still on the bench ?

    Is Barbara still in charge of the CSE attorneys at court ?

    Is Jerry still greeting the attorneys and litigants on the 18th floor ? She should get a raise - she's one of the most underpaid and overworked L.A. County employee.

    Is the deli on the first floor still operating ?
  11. #11
    justalayman is offline Senior Member
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    if the two of you would kindly put your dicks away and stop the ****fight.

    OP, you will need to explain what, exactly, you are speaking about. As seen from the pugilist twins there can be a criminal aspect to child support but for the most part, it is purely civil law.
  12. #12
    CourtClerk is offline Senior Member
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    Quote Originally Posted by justalayman View Post
    if the two of you would kindly put your dicks away and stop the ****fight.
    I'd like to JALM, but unfortunately, I don't have one to put away.
  13. #13
    Ohiogal is offline Senior Member
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    Quote Originally Posted by justalayman View Post
    if the two of you would kindly put your dicks away and stop the ****fight.

    OP, you will need to explain what, exactly, you are speaking about. As seen from the pugilist twins there can be a criminal aspect to child support but for the most part, it is purely civil law.
    Last I knew CC didn't have a dick -- at least not on her person. Unless she castrated someone last week and kept it as a souvenier. As for Sineater... I don't know about him/her/it.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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