How do I file an Order to Show Cause? CA

[owutaqt]

What is the name of your state? California

Hi all!! I need to file order to show cause so that I can get some child support while going through the divorce process. I filled out all of the forms, but now I am confused as to actually how to do it.

It states in the instructions that I call him up and then file the next day but somehow this does not seem right? Any ideas?? I have no money for an attorney, but was hoping someone here knows how to do this.

Thanks.

He will be deploying to Iraq and thinks that he does not have to pay the whole time he is gone?

 

[Ohiogal]

Is there an already existing court order for child support? If not then why do you believe he needs to show cause why he is not following the non-existent court order?

 

[owutaqt]

No there is not a current order. Right now he is paying nothing and is going to Iraq in Sept. I need to have some kind of order put in place. Is this not the right form???

 

[fairisfair]

No there is not a current order. Right now he is paying nothing and is going to Iraq in Sept. I need to have some kind of order put in place. Is this not the right form???

no, it is not the right form

 

[Ohiogal]

You need to petition the court for child support. Or just apply at the local child support agency and let them handle it which will save you trouble.

 

[owutaqt]

So do I just go straight to the child support DA?? I don't know where to go from here.

WE are in Orange County CA

 

[LdiJ]

So do I just go straight to the child support DA?? I don't know where to go from here.

WE are in Orange County CA

Yes, you can go straight to the local child support enforcement agency, which may be the DA. Your local courthouse should have either a family law facilitator's office or a self help center, they should be able to help you...or at least guide you in the right direction.

 

[garrula lingua]

Child support enforcement is not handled by the DA in CA - they are 'county attorneys' in a Child Support Enforcement office.

You have to file for an OSC-child support.

The quickest way to get child support is to go to the FL court where your case is filed and ask the clerk for a packet for an OSC child support (be nice & check the box for child custody also). There is a fee - usually about $8.

Buy or read the book (at the library reference section, or book store) 'How to do your own divorce in CA'. One of these books steps you through all the forms.
Your forms must be filled out correctly. After you fill out the forms, file the OsC with the clerk and have someone else serve your soon-to-be ex and have that person fill out the proof of personal service (you must have that in court).
Ex should get at least 20 days notice of the OSC, in order to have time to respond.

Be sure to serve ex with a copy of all your papers (OSC, declaration in support, I&EA, etc) AND serve him with a blank Responsive Dec. & I&E).
The court clerk will give you a mediation date on the OSC paperwork you will serve (the date will be prior to the court hearing - both you & ex attend; possibly all custody issues can be dealt with in mediation).

Or, check with your FL court for the Family Law Facilitator's Office and seek help there.

Military status can be a problem. Consider hiring an attorney.