linuxchick
Junior Member
What is the name of your state (only U.S. law)? California
Hi,
I have a 3-month old daughter. I filed for child support on 5/18. On 6/4, her dad and I met at DCSS so that he could sign the declaration of paternity (he was not there for her birth). We had also planned on agreeing to a child support amount and signing a stipulation, but did not have the details hammered out at that time. Since we were there in person, the service date was 6/4 as they were able to serve him in person that day. That gave him until 7/4 (30 days) to submit his answer, which he still has not done.
He procrastinates, obviously, and honestly, I don't even think he has read the paperwork. For the same reason (procrastination), he and I have not discussed the child support amount nor the stipulation that we had planned, even though we are amicable and I have brought it up to him several times. He's a "we'll talk about it later" kind of guy, apparently not concerning himself with the time constraints that both I and DCSS have explained to him.
DCSS called me on 7/8 because they wanted to know if I had another number for him (they have the correct number and have left him voicemail, he just isn't calling them back because he doesn't want to deal with it). They are preparing to enter a default judgement since he has not submitted his answer to the summons and complaint.
My questions are:
1) How long after the 30 days is it before a default judgement is entered?
2) Do they just enter the default judgement, or do we go to court, or is there otherwise further contact or paperwork to either of us?
3) After the default judgement is entered, how long is it before the income withholding order is sent? I'm concerned because I am going back to work in a few weeks - childcare is going to kill me - and he won't help me pay for it unless he's 'forced' to, unfortunately.
My caseworker has me a little confused on what happens next.
Thanks for any help!
Hi,
I have a 3-month old daughter. I filed for child support on 5/18. On 6/4, her dad and I met at DCSS so that he could sign the declaration of paternity (he was not there for her birth). We had also planned on agreeing to a child support amount and signing a stipulation, but did not have the details hammered out at that time. Since we were there in person, the service date was 6/4 as they were able to serve him in person that day. That gave him until 7/4 (30 days) to submit his answer, which he still has not done.
He procrastinates, obviously, and honestly, I don't even think he has read the paperwork. For the same reason (procrastination), he and I have not discussed the child support amount nor the stipulation that we had planned, even though we are amicable and I have brought it up to him several times. He's a "we'll talk about it later" kind of guy, apparently not concerning himself with the time constraints that both I and DCSS have explained to him.
DCSS called me on 7/8 because they wanted to know if I had another number for him (they have the correct number and have left him voicemail, he just isn't calling them back because he doesn't want to deal with it). They are preparing to enter a default judgement since he has not submitted his answer to the summons and complaint.
My questions are:
1) How long after the 30 days is it before a default judgement is entered?
2) Do they just enter the default judgement, or do we go to court, or is there otherwise further contact or paperwork to either of us?
3) After the default judgement is entered, how long is it before the income withholding order is sent? I'm concerned because I am going back to work in a few weeks - childcare is going to kill me - and he won't help me pay for it unless he's 'forced' to, unfortunately.
My caseworker has me a little confused on what happens next.
Thanks for any help!
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