Motion To Vacte a Court Order

[DavidHansel2013]

What is the name of your state (only U.S. law)? CA

Background:

May 2014 I received paperwork from the local DCSS office informing me that they were attempting to seek modification of the original court order from back in September of 2011 due to the information the custodial parent provided them sometime in March of 2014. They advised me a court date of May 29th, 2014.

2 weeks before the court date I contacted DCSS and requested a continuance due to the fact that I did not have all of the paperwork I wanted to submit, as well not having the response forms filled out completely. So I hoped online and scheduled myself for a family law facilitator workshop that consisted of 3 hours to where I would get all the help and information I needed regarding the court hearing. DCSS was in aggreance, the mother was in aggreance, along with myself. I even reconfirmed a couple days prior to the court date that everything was good to go with DCSS, in addition to the contacting the court clerk and nobody informed me a reason why the judge wouldn't grant the continuance.

On May 2nd, 2014 I was informed by DCSS that the judge did not agree to the continuance and entered the default judgement of $560 a month, in addition to adding both of our kids to my employers health care.

Now I was informed that the continuance could be denied by the judge but I am thinking that the judge made the decision on the information that he had in front of him, which was all false information. He did not have none of my paperwork as I was waiting to attend the workshop to get all of the legal help I could get with filling out the forms and what I should do in my case when it came the hearing. I even informed DCSS of that which is why I was specifically requesting the continuance. DCSS informed me they would notate that on the continuance request.

I have spoke to a couple of family law lawyers and they suggested I file a motion to vacate the court order. If not attempt to amend it completely. I wanted to seek help and the steps in order to do so. Also get any suggestions or advice on what I should do.

Also, the court order was retro-dated back to May 1st, 2014, which now through no fault of my own I owe $1,120. $560 in arrears and the other $560 for the month of June. So will DCSS take my whole next check in order to get caught up?

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA

Background:

May 2014 I received paperwork from the local DCSS office informing me that they were attempting to seek modification of the original court order from back in September of 2011 due to the information the custodial parent provided them sometime in March of 2014. They advised me a court date of May 29th, 2014.

2 weeks before the court date I contacted DCSS and requested a continuance due to the fact that I did not have all of the paperwork I wanted to submit, as well not having the response forms filled out completely. So I hoped online and scheduled myself for a family law facilitator workshop that consisted of 3 hours to where I would get all the help and information I needed regarding the court hearing. DCSS was in aggreance, the mother was in aggreance, along with myself. I even reconfirmed a couple days prior to the court date that everything was good to go with DCSS, in addition to the contacting the court clerk and nobody informed me a reason why the judge wouldn't grant the continuance.

On May 2nd, 2014 I was informed by DCSS that the judge did not agree to the continuance and entered the default judgement of $560 a month, in addition to adding both of our kids to my employers health care.

Now I was informed that the continuance could be denied by the judge but I am thinking that the judge made the decision on the information that he had in front of him, which was all false information. He did not have none of my paperwork as I was waiting to attend the workshop to get all of the legal help I could get with filling out the forms and what I should do in my case when it came the hearing. I even informed DCSS of that which is why I was specifically requesting the continuance. DCSS informed me they would notate that on the continuance request.

I have spoke to a couple of family law lawyers and they suggested I file a motion to vacate the court order. If not attempt to amend it completely. I wanted to seek help and the steps in order to do so. Also get any suggestions or advice on what I should do.

Also, the court order was retro-dated back to May 1st, 2014, which now through no fault of my own I owe $1,120. $560 in arrears and the other $560 for the month of June. So will DCSS take my whole next check in order to get caught up?

I would respond but in your last thread I TOLD YOU TO GO TO COURT UNLESS YOU HEARD FROM THE JUDGE. You apparently didn't do that. Your bad. Not showing up is not a reason to vacate. You got the summons. You were properly served. You had the information. You should have gone. You decided not to go. That is your problem. And not a reason why the court order will be vacated.

 

[Ohiogal]

https://forum.freeadvice.com/child-support-98/continuance-hearing-questions-606221.html

The COURT never told you that the continuance WAS GRANTED. You chose not to listen to me in the last thread. UNLESS THE COURT TOLD YOU IT WAS GRANTED, you needed to show.

And you owe $1200 through your own fault of NOT showing up. You are shirking your responsibility. WHY?

 

[DavidHansel2013]

https://forum.freeadvice.com/child-support-98/continuance-hearing-questions-606221.html

The COURT never told you that the continuance WAS GRANTED. You chose not to listen to me in the last thread. UNLESS THE COURT TOLD YOU IT WAS GRANTED, you needed to show.

And you owe $1200 through your own fault of NOT showing up. You are shirking your responsibility. WHY?

First off Ohiogal, I am not shirking my responsibility at all. If I was then I wouldn’t even think twice about any of this but I am attempting to get things done correctly. Which, is why, I feel I had a justified reason for contacting DCSS and requesting the continuance due to the fact of me not knowing how to fill out the response forms correctly. That is even after I contacted the men’s legal aide society, along with various other free legal aide services just to be told that they couldn't help me.

Which is why I found out through DCSS and SD Court website about the Family Law Child Support Facilitator Workshop that they offered to assist people with no legal help or no knowledge of court forms or procedures the assistance in order to do things correct, in addition to filling out the forms correctly.

One of the reasons listed on the paperwork I received from DCSS stipulated a continuance could be requested due to the fact of not being able to obtain legal help/assistance before the court hearing. With exhausting all steps known to me to acquire legal help/assistance before the court date. I in return requested the continuance solely based off of the fact that I was scheduled to attend the workshop in order to obtain legal help/assistance.

Also, how could the court even tell me the continuance was granted when I was told by DCSS and the court clerk that the continuance request had been submitted but nobody would know the outcome in till after the court hearing? So of course the court never told me the continuance was granted in till after the judge decided to enter the default judgment instead of continue it.

Mind you that the family law lawyers that I have talked to including myself cant understand how a judge could of even allowed the modification of the original court order to the fact that there is no custody and visitation order in effect.

 

[LdiJ]

First off Ohiogal, I am not shirking my responsibility at all. If I was then I wouldn’t even think twice about any of this but I am attempting to get things done correctly. Which, is why, I feel I had a justified reason for contacting DCSS and requesting the continuance due to the fact of me not knowing how to fill out the response forms correctly. That is even after I contacted the men’s legal aide society, along with various other free legal aide services just to be told that they couldn't help me.

Which is why I found out through DCSS and SD Court website about the Family Law Child Support Facilitator Workshop that they offered to assist people with no legal help or no knowledge of court forms or procedures the assistance in order to do things correct, in addition to filling out the forms correctly.

One of the reasons listed on the paperwork I received from DCSS stipulated a continuance could be requested due to the fact of not being able to obtain legal help/assistance before the court hearing. With exhausting all steps known to me to acquire legal help/assistance before the court date. I in return requested the continuance solely based off of the fact that I was scheduled to attend the workshop in order to obtain legal help/assistance.

Also, how could the court even tell me the continuance was granted when I was told by DCSS and the court clerk that the continuance request had been submitted but nobody would know the outcome in till after the court hearing? So of course the court never told me the continuance was granted in till after the judge decided to enter the default judgment instead of continue it.

Mind you that the family law lawyers that I have talked to including myself cant understand how a judge could of even allowed the modification of the original court order to the fact that there is no custody and visitation order in effect.

You simply are not getting it. You were told that unless you knew that the judge had granted the continuance, that you needed to show up for court. You elected not to show up anyway and it resulted in a default judgment. That is nobody's fault but yours.

 

[DavidHansel2013]

You simply are not getting it. You were told that unless you knew that the judge had granted the continuance, that you needed to show up for court. You elected not to show up anyway and it resulted in a default judgment. That is nobody's fault but yours.

Does that not defeat the purpose of even requesting a continuance, especially when i was told by the DCSS rep that submitted the request that there was no point in requesting the continuance if I was gonna show up in court?

I mean was I mislead because I was told by the rep that the request was submitted and that I would be contacted by DCSS in a couple of days. I was contacted by another rep and verified that I did request the continuance. He then asked me for other parents current contact information, which I provided. The rep then called the other parent while I was still with her and she agreed to the continuance. The rep then called me back and told me to call back 2 days after the court date to see if the continuance was granted.

So im confused. Because if I showed up the continuance would of never been filed. But if I didn't then the request would be submitted but I was told if I did show up in court then the judge would deny it.

 

[DavidHansel2013]

Does that not defeat the purpose of even requesting a continuance, especially when i was told by the DCSS rep that submitted the request that there was no point in requesting the continuance if I was gonna show up in court?

I mean was I mislead because I was told by the rep that the request was submitted and that I would be contacted by DCSS in a couple of days. I was contacted by another rep and verified that I did request the continuance. He then asked me for other parents current contact information, which I provided. The rep then called the other parent while I was still with her and she agreed to the continuance. The rep then called me back and told me to call back 2 days after the court date to see if the continuance was granted.

So im confused. Because if I showed up the continuance would of never been filed. But if I didn't then the request would be submitted but I was told if I did show up in court then the judge would deny it.

And to clarify I was told the exact opposite by DCSS. I was told since I was requesting the continuance then to contact them 2 days after the court hearing. I was specifically told that if the continuance was requested and submitted and if I still planned on showing up to court on the court hearing date that the judge would automatically throughout and deny the continuance request.

 

[Ohiogal]

Does that not defeat the purpose of even requesting a continuance, especially when i was told by the DCSS rep that submitted the request that there was no point in requesting the continuance if I was gonna show up in court?

I mean was I mislead because I was told by the rep that the request was submitted and that I would be contacted by DCSS in a couple of days. I was contacted by another rep and verified that I did request the continuance. He then asked me for other parents current contact information, which I provided. The rep then called the other parent while I was still with her and she agreed to the continuance. The rep then called me back and told me to call back 2 days after the court date to see if the continuance was granted.

So im confused. Because if I showed up the continuance would of never been filed. But if I didn't then the request would be submitted but I was told if I did show up in court then the judge would deny it.

DCSS is NOT the court. They are actually opposing party. YOU were told BY ME to show up to court until the court told you the continuance was GRANTED. You ignored that. There are consequences to blowing off the court. You get to live with those consequences. The court is not going to grant a continuance just because you didn't show up. The court is NOT required to grant a continuance. I told you that as well. The fact that you didn't listen is strictly on you. YOU were properly served and summonsed. You ignored it. You get to pay the consequences for it.

 

[Ohiogal]

And to clarify I was told the exact opposite by DCSS. I was told since I was requesting the continuance then to contact them 2 days after the court hearing. I was specifically told that if the continuance was requested and submitted and if I still planned on showing up to court on the court hearing date that the judge would automatically throughout and deny the continuance request.

And to clarify DCSS is NOT the court. DCSS is the opposing party. DCSS benefits when you do not show up. Congrats. You listened to the wrong person. If you would have shown up, it most likely would have turned into a status hearing unless DCSS did not show up and then you could have asked for it to be dismissed IF they were the ones who filed.

 

[DavidHansel2013]

And to clarify DCSS is NOT the court. DCSS is the opposing party. DCSS benefits when you do not show up. Congrats. You listened to the wrong person. If you would have shown up, it most likely would have turned into a status hearing unless DCSS did not show up and then you could have asked for it to be dismissed IF they were the ones who filed.

Ok and im suppose to know that DCSS would of lied to me when there a state agency? I mean is that illegal due to the fact that the information provided to me strictly by DCSS is what I was relying upon since I have never dealt with anything of this nature before?

 

[DavidHansel2013]

Ok and im suppose to know that DCSS would of lied to me when there a state agency? I mean is that illegal due to the fact that the information provided to me strictly by DCSS is what I was relying upon since I have never dealt with anything of this nature before?

I honestly don't get why you are attempting me to make me seem like this bad person and all. Stating that I blew off court because I simply wanted to, well your wrong because I never even thought about it. All of my decisions were based off of the information that I was strictly provided by multiple DCSS reps, so am I to blame for that considering that this is a whole new experience for me. I mean honestly if I didn't care about any of this and if I wasn't trying to be a decent parent then why would I be on this website trying to get advice. Its like your automatically assuming that every last person that has been in my position is automatically a pro at these things and knows who to believe and what to believe.

 

[Ohiogal]

Ok and im suppose to know that DCSS would of lied to me when there a state agency? I mean is that illegal due to the fact that the information provided to me strictly by DCSS is what I was relying upon since I have never dealt with anything of this nature before?

No. It is not illegal of them to have done this. Ignorance of the law is not an excuse. You are expected when representing yourself PRO SE to know the rules and the laws. You didn't. Well, when you were told, you ignored what you were told here.

 

[Ohiogal]

I honestly don't get why you are attempting me to make me seem like this bad person and all. Stating that I blew off court because I simply wanted to, well your wrong because I never even thought about it. All of my decisions were based off of the information that I was strictly provided by multiple DCSS reps, so am I to blame for that considering that this is a whole new experience for me. I mean honestly if I didn't care about any of this and if I wasn't trying to be a decent parent then why would I be on this website trying to get advice. Its like your automatically assuming that every last person that has been in my position is automatically a pro at these things and knows who to believe and what to believe.

When you are pro se you are expected to know the rules and laws and follow them. If you don't know them, you hire counsel. You don't get a do over. No one said you were a bad person. You did the wrong thing. There are consequences to that. You don't get a do over because you didn't go to the hearing that was set. You knew the hearing was set. The court told you. You were served. You were summonsed. You decided to not listen to the court and to listen to DCSS. That is your problem The court is the one you should have listened to because they are the ones in charge of court hearings. You didn't. You bet on DCSS and that bet cost you.

 

[DavidHansel2013]

When you are pro se you are expected to know the rules and laws and follow them. If you don't know them, you hire counsel. You don't get a do over. No one said you were a bad person. You did the wrong thing. There are consequences to that. You don't get a do over because you didn't go to the hearing that was set. You knew the hearing was set. The court told you. You were served. You were summonsed. You decided to not listen to the court and to listen to DCSS. That is your problem The court is the one you should have listened to because they are the ones in charge of court hearings. You didn't. You bet on DCSS and that bet cost you.

So I wouldn't have no argument for a motion to vacate the order or for a motion to reconsider due to the fact that I did what DCSS informed me to do? Even after I specifically informed DCSS that I had no way to seek the legal help/assistance that I needed before the court date? I'm not saying that its a strong argument but I feel it is an argument worth arguing. You might feel differently based off of your experience, but that is something that I do not have. Even after I attempted to seek legal help/assistance through multiple venues and I defiantly don't have the money to hire an attorney. So I went with the court clerk told me, as well as DCSS.

Now I am aware of the fact that DCSS doesn't always give the correct information. But at the time, I believed it because I talked with both DCSS and the court clerk the day before the court hearing.

 

[Proserpina]

So I wouldn't have no argument for a motion to vacate the order or for a motion to reconsider due to the fact that I did what DCSS informed me to do? Even after I specifically informed DCSS that I had no way to seek the legal help/assistance that I needed before the court date? I'm not saying that its a strong argument but I feel it is an argument worth arguing. You might feel differently based off of your experience, but that is something that I do not have. Even after I attempted to seek legal help/assistance through multiple venues and I defiantly don't have the money to hire an attorney. So I went with the court clerk told me, as well as DCSS.

Now I am aware of the fact that DCSS doesn't always give the correct information. But at the time, I believed it because I talked with both DCSS and the court clerk the day before the court hearing.

Can I try, OG and LdiJ?

David - unless you hear about it beforehand, you MUST go to court as scheduled. It's not the court's job, or DCSS's fault, that you didn't turn up as instructed.

You were not promised anything or told anything false by DCSS - they told you the black and white truth, but I think you misunderstood.

DCSS told you that you could request a continuance; they did not tell you that a continuance would be granted. They did not tell you that it was okay not to turn up at court. The court clerk didn't lie to you, either.

You've basically shot yourself in the foot.

Now, it's possible to appeal because you're entitled to do so and this form appeared on a Google search; I'll assume it's appropriate given that I specifically mentioned "appeal", "child support" in the original search string.

http://www.courts.ca.gov/documents/app002.pdf

But at this point dude, if I were you I wouldn't be doing anything more complex than chopping a carrot into three pieces because you're doing yourself no favors by repping yourself in court.