Child support on an abandoned child

[Love My Husband]

What is the name of your state? California

My best friend's ex-wife caused a hellish court case with her lies, resulting in my friend's parental rights being wrongfully terminated (in juvenile court, and he was denied counsel when he requested it, rights terminated with no allegations against him). This was in May.

The day his rights were terminated and the case closed the mother gave the child to her own mother and has had nothing to do with the child since (the little girl is 6, and the grandmother has told the father that the girl is having major issues with her mom refusing to acknowledge her, and this grand. The mother has done this in the past which has resulted in the child going to a foster home (not the father as the mother is a habitual liar and said the father tried to kill the child during a custody exchange with four police officers present, all of whom said that she lied, but that wasn't until after the child was in CPS custody, and the mother admitted lying a few times in cort).

Anyway the father got an order for $0 in child support a month ago. So no support owed.

Yesterday he was served a subpoena at my mother's house. Who knows why there when he doesn't live there and hasn't. It's 75 minutes from where he does live.

Anyway, come to find out there was an ex-parté hearing on child support, and we don't know when, just that he was ordered to pay out the whazoo. He makes decent money, not a lot, but okay. They're leaving him far less than enough to pay just rent. You can't live on $600 in the Bay Area!! In addition to this support, he is also required to pay for her medical insurance and "other expenses" including things like child care and school field trips, the full costs. Basically if the mother wants it, he has to pay for it.

This came as a shock because suport was just set at nothing a month ago. She also makes $25/hr ($4300/mo) in a moderately priced area about two hours from San Francisco and the father makes about half that living in the city. But for the child support issue she claims to make less than $700.

But our big concern is that the subpoena came from the DA.

Doesn't the DA usually only get involved when arrears are owed? What we did find out is that a case was opened in February 2004. He was never notified of that either. So theoretically is it possible that he is now 19 months in arrears?

If not this, then what are some other reasons that a DA would be involved already?

What can be done? By no stretch of the imagination is this order reasonable.

 

[LdiJ]

What is the name of your state? California

My best friend's ex-wife caused a hellish court case with her lies, resulting in my friend's parental rights being wrongfully terminated (in juvenile court, and he was denied counsel when he requested it, rights terminated with no allegations against him). This was in May.

The day his rights were terminated and the case closed the mother gave the child to her own mother and has had nothing to do with the child since (the little girl is 6, and the grandmother has told the father that the girl is having major issues with her mom refusing to acknowledge her, and this grand. The mother has done this in the past which has resulted in the child going to a foster home (not the father as the mother is a habitual liar and said the father tried to kill the child during a custody exchange with four police officers present, all of whom said that she lied, but that wasn't until after the child was in CPS custody, and the mother admitted lying a few times in cort).

Anyway the father got an order for $0 in child support a month ago. So no support owed.

Yesterday he was served a subpoena at my mother's house. Who knows why there when he doesn't live there and hasn't. It's 75 minutes from where he does live.

Anyway, come to find out there was an ex-parté hearing on child support, and we don't know when, just that he was ordered to pay out the whazoo. He makes decent money, not a lot, but okay. They're leaving him far less than enough to pay just rent. You can't live on $600 in the Bay Area!! In addition to this support, he is also required to pay for her medical insurance and "other expenses" including things like child care and school field trips, the full costs. Basically if the mother wants it, he has to pay for it.

This came as a shock because suport was just set at nothing a month ago. She also makes $25/hr ($4300/mo) in a moderately priced area about two hours from San Francisco and the father makes about half that living in the city. But for the child support issue she claims to make less than $700.

But our big concern is that the subpoena came from the DA.

Doesn't the DA usually only get involved when arrears are owed? What we did find out is that a case was opened in February 2004. He was never notified of that either. So theoretically is it possible that he is now 19 months in arrears?

If not this, then what are some other reasons that a DA would be involved already?

What can be done? By no stretch of the imagination is this order reasonable.

Dad most seriously needs an attorney.

 

[Love My Husband]

There is absolutely no way he can afford one. No way. In the course of the custody case itself he had to take off so much time from work he had to sell man things just to scrape together money to live on. His ex tried claiming he did drugs as she admitted to doing, so he was ordered into three months' drug testing every week at a facility two hours from home which he had to go to during the week. When those tests all came back clean, she insisted he cheated, so he was ordered into SIX months testing. Same thing, all came back clean.

So at least one day per week off to go to the testing, plus a minimum of two hearings per month, sometimes as many as seven (one week alone there were three hearings).

So he had to sell many hings to make up for the lost income.

His rights were finally terminated when it was determined that he was unstable for insisting that if she got custody and the case closed that she would abandon the child, and they said his insistence was a danger to her. Guess what happened.

That VERY DAY the child was taken to the grandmother's house...and the mother hasn't seen her since. We found a private investigator willing to donate his time, and he got proof of this. But the court said that as he has no rights he is in no position to do anything. If the mother wants to abandon the child, she can.


So he has no rights to his own little girl, yet he has to pay the mother for her, the mother who doesn't even have her.

Sorry, I am just upset. This father is one of my best friends, and I love this little girl as if she were my own. And to know where she is is bad enough because it's and place, but now that he has to give what little he has to someone that won't use it to benefit this little girl is just hard.