Which form do I use in CA?

[NITM]

California - Orange County

I have a quick question . . . I have a court order and had a wage garnishment in effect for $200 per month in child support arrears from my ex's employer. Ex was recently fired from his job. I found out where he's working now and need to file another form with the court and have his current employer served. Last time I had a paralegal do the paperwork. This time I'd rather do it myself - all I need to know is which form I need to use off of the OC Superiour Court website to file for this? Just an OSC? I know how to fill out the forms, etc. Anything else I need to know?

Thanks so much - I appreciate any help on this.

 

[rmet4nzkx]

California - Orange County

I have a quick question . . . I have a court order and had a wage garnishment in effect for $200 per month in child support arrears from my ex's employer. Ex was recently fired from his job. I found out where he's working now and need to file another form with the court and have his current employer served. Last time I had a paralegal do the paperwork. This time I'd rather do it myself - all I need to know is which form I need to use off of the OC Superiour Court website to file for this? Just an OSC? I know how to fill out the forms, etc. Anything else I need to know?

Thanks so much - I appreciate any help on this.

Contact the Family Law Facilitator's Office, the self-help Superior Court website, DCSS for Orange County.

 

[NITM]

Can't get info from them

I can only get my question answered from the Family Law Facilitator if I take an entire day off of work to go there - I can't do that. There's nothing on the website that answers my question either, which is why I came here. All I need to know is what form I need to fill out . . .

Does anyone know if it's just an Application for Earnings Withholding Order (Form 982.5(1)?

Thanks

 

[rmet4nzkx]

Then call DCSS.

 

[jbowman]

I can only get my question answered from the Family Law Facilitator if I take an entire day off of work to go there - I can't do that. There's nothing on the website that answers my question either, which is why I came here. All I need to know is what form I need to fill out . . .

Does anyone know if it's just an Application for Earnings Withholding Order (Form 982.5(1)?

Thanks

Dont worry, NITM, someone will be around shortly that can probably answer this for you. Maybe Casa... hold tight.

 

[rmet4nzkx]

Dont worry, NITM, someone will be around shortly that can probably answer this for you. Maybe Casa... hold tight.

WE CANNOT GIVE LEGAL ADVICE.
I have referred OP to the public agencies who can assist her or she can contact legal aid or retain counsel. It is not as simple as finding the right form that is why a simple call to DCSS should answer her questions and they may even do the filing for her.

 

[jbowman]

WE CANNOT GIVE LEGAL ADVICE.
I have referred OP to the public agencies who can assist her or she can contact legal aid or retain counsel. It is not as simple as finding the right form that is why a simple call to DCSS should answer her questions and they may even do the filing for her.

And..... ???? shhhhhhhhhhhhhhhhhhhhh rmet, I wasnt talking to you, love. Im quite sure that the OP can get further info from others.

 

[rmet4nzkx]

And..... ???? shhhhhhhhhhhhhhhhhhhhh rmet, I wasnt talking to you, love. Im quite sure that the OP can get further info from others.

No what you said was:

Dont worry, NITM, someone will be around shortly that can probably answer this for you. Maybe Casa... hold tight.

You were saying that I wasn't answering their question and that someone else , CASA would be by to answer it.
The answer to the question is still the same, WE CANNOT GIVE LEGAL ADVICE!
PLEASE stop following me around trying to dispute my responses or referrals to appropriate resources.
If OP won't bother to avail herself to the FREE resources in her county, then she can pay an attorney to do it for her, but we still can't give legal advice.
Now since you had no answer for her, why bother responding? Oh yeah, you were following me.

 

[jbowman]

Dont flatter yourself. Seriously.

I responded that she make get more info if she held tight. And since this is a LEGAL ADVICE website, you can really STFU. I have seen post after post from the lawyers on this site telling people exactly what they can do to help themselves. I have seen completely WRITTEN LETTERS that were posted for a OP to copy and send out. I have seen some members nice enough to give posters STEP by STEP instructions on what to do--so you can miss me with your crap.

YOU, yourself have told me exactly WHAT FORMS TO FILL OUT.

"Go back to the FLF office and have them assist you with filing a CA CCP 473 amendment to that order based on your recent date of discovery and file a CCP 170 challenge against the judge for bias, due to their error and refusing to reconsider the calculations, you may also need to request a transcript or recording from the proceedings as evidence."

That sure looks like LEGAL ADVICE to me.

 

[NITM]

Oops - Sorry - didn't mean to cause a rift here! Thanks for all the posts. I have to admit I was a little confused about the "can't give legal advice" posting. I too thought that's what this forum was all about and I came here because I get that same line whenever I try to call the OC court for any help. I didn't realize that asking what form to use was considered "legal advice".

Anyway, I finally did find what I was looking for at another legal site. It's a Writ of Execution (which is filled out at the courthouse) and an App for Earnings Withholding Order. I'm all set!

 

[rmet4nzkx]

Dont flatter yourself. Seriously.

I responded that she make get more info if she held tight. And since this is a LEGAL ADVICE website, you can really STFU. I have seen post after post from the lawyers on this site telling people exactly what they can do to help themselves. I have seen completely WRITTEN LETTERS that were posted for a OP to copy and send out. I have seen some members nice enough to give posters STEP by STEP instructions on what to do--so you can miss me with your crap.

YOU, yourself have told me exactly WHAT FORMS TO FILL OUT.

"Go back to the FLF office and have them assist you with filing a CA CCP 473 amendment to that order based on your recent date of discovery and file a CCP 170 challenge against the judge for bias, due to their error and refusing to reconsider the calculations, you may also need to request a transcript or recording from the proceedings as evidence."

That sure looks like LEGAL ADVICE to me.

There is a fine line from giving "free advice" and giving "legal advice" and as you so correctly pointed out I appropriately referred both you and OP to the FLF office to ASSIST in making your filings. If I had known at that time you were represented, information you withheld, I would have referred you to your attorney. You can only give "legal advice" if you are an attorney. BTW I didn't tell you what forms to fill out or use for either a CCP 473 or CCP 170 challenge because there are no forms to fill out, those are pleadings and the local rules for your county would determin if they allow the use of a form for the pleading.

Now, PLEASE, quit disrupting the forums because you are upset.

 

[rmet4nzkx]

Oops - Sorry - didn't mean to cause a rift here! Thanks for all the posts. I have to admit I was a little confused about the "can't give legal advice" posting. I too thought that's what this forum was all about and I came here because I get that same line whenever I try to call the OC court for any help. I didn't realize that asking what form to use was considered "legal advice".

Anyway, I finally did find what I was looking for at another legal site. It's a Writ of Execution (which is filled out at the courthouse) and an App for Earnings Withholding Order. I'm all set!

You didn't start a rift, some posters only want to disrupt the forum rather than contribute in a meaningful way.

Yes, asking what form to use could be seen as giving legal advice and it may depend on your county as to how they handle your specific issue. That is why I referred you as I did and gave you some big clues, but you have to ask the correct agency to assist you unless you obtain counsel.

PLEASE, PLEASE, call DCSS so they can confirm that you have the proper forms and their procedure for processing them.

 

[jbowman]

There is a fine line from giving "free advice" and giving "legal advice" and as you so correctly pointed out I appropriately referred both you and OP to the FLF office to ASSIST in making your filings. If I had known at that time you were represented, information you withheld, I would have referred you to your attorney. You can only give "legal advice" if you are an attorney. BTW I didn't tell you what forms to fill out or use for either a CCP 473 or CCP 170 challenge because there are no forms to fill out, those are pleadings and the local rules for your county would determin if they allow the use of a form for the pleading.

Now, PLEASE, quit disrupting the forums because you are upset.

Sorry, rmet, but telling me to file a challenge sure sounds like legal advice to me. And I was not represented by an attorney at the time. I am definitely not upset. I was speaking to this poster when I made my comment about someone else that may help her. Apparently she did find the info on another site which was the whole point. Sorry to disrupt your day. And from now on, when you see others posting legal information, I expect you will be hollering at them YOU CAN NOT GIVE LEGAL ADVICE!!!

 

[NITM]

I will go ahead and call DCSS and confirm with them, although this particular case is no longer open or being handled by them. Because of that I wondered if they would still speak to me about it. My ex owes arrears in excess of $70K for our son who is now 24 (I give the $$ to him to help towards his truck payment, since I'm not in desperate need of it). Around 5 years ago, ex finally got a job that wasn't "under the table" and DCSS was trying to take half his paychecks since he owed so much. Therefore, ex would keep quitting jobs, resulting in me consistantly receiving $0. DCSS would not lower the amount (I only wanted some help, not to take so much of my ex's pay that he can't afford to live - I'm not one of "those" types). Ex begged if he got a lawyer and signed an agreement to pay $200 per month for arrears (basically forever), would I close the case with DCSS. I agreed and I have been receiving the $200 per month ever since via the wage garnishment. Some may say I'm stupid, but $200 per month has been better than $0 per month. As I said in my original post - ex recently got fired, so that's why I'm doing the wage garnishment again. Still too irresponsible to trust he will pay on his own - need the garnishment.

DCSS should know me by name anyway since I frequently call regarding my husband's case with his ex (I have authorization to discuss their info on his behalf).

Thanks!