Does DCSS Investigate Income?

[ProPerDoper]

What is the name of your state? CA

I'm likely going to be brought back into court for modification of support, probably by the DCSS. After 8.5 years and two forensic CPA evaluations of my income and perks, (I am one of 3 owners in a small corporation) I wonder if DCSS will pursue business documents and the like from our company?

No doubt my ex will push for this if the service is available to her.

What should I expect? Is an objection to the DCSS not being a Section 730 expert forensic CPA appropriate?

While I've got nothing to hide, I have two co-owners to deal with, and their frankly absolutly fed up with the intrusion and loss of privacy.

 

[LdiJ]

What is the name of your state? CA

I'm likely going to be brought back into court for modification of support, probably by the DCSS. After 8.5 years and two forensic CPA evaluations of my income and perks, (I am one of 3 owners in a small corporation) I wonder if DCSS will pursue business documents and the like from our company?

No doubt my ex will push for this if the service is available to her.

What should I expect? Is an objection to the DCSS not being a Section 730 expert forensic CPA appropriate?

While I've got nothing to hide, I have two co-owners to deal with, and their frankly absolutly fed up with the intrusion and loss of privacy.

DCSS may make that kind of investigation. No, I sincerely doubt that you can object based on the premise that they are not a section 730 expert forensic CPA. I could be wrong, but they do have a great deal of power and authority.

If your co-owners are getting fed up, and you have nothing to hide, then why isn't this getting settled out?

 

[ProPerDoper]

DCSS may make that kind of investigation. No, I sincerely doubt that you can object based on the premise that they are not a section 730 expert forensic CPA. I could be wrong, but they do have a great deal of power and authority.

If your co-owners are getting fed up, and you have nothing to hide, then why isn't this getting settled out?

A very good question. The answer is that is has been settled, by court ruling many times. Since being served with dissolution papers in July of 2000, she has filed for modification of support now 18 times. She's angry that things didn't turn out the way she expected, and wants to exact her revenge in court. It's been about 1.5 yrs since the last support order following trial on reserved issues, but I suppose that she can claim a change in circumstance in that I've recently purchased a new home. More mortgage interest=change in tax circumstances=more $ available for support per the DissoMaster.

If it was simply an increase in support that she wanted, then she would talk with me about it and try to stipulate, as she knows that I'm always willing to find a solution outside of court. Her desire is to gain an order which will cause me discomfort. Any sort of an order, as long as it differs from my position/desires.

The ex suffers from BPD (Borderline Personality Disorder). This is one of the most difficult to remedy, and get along with. I can only disengage where possible, and remain calm in the face of her rants and attacks.

Most recently I prevailed at collecting on her judgment debt following trial. She absolutely refused to resolve the debt, so I was force to obtain an EWO and a restraining order on an annuity that she owned. All along I promoted resolution of her judgment debt by offset with her share of the CP funds in my 401k. She refused for over a year, right up to the eve of a hearing for debtor's examination and turnover request of her annuity. Then finally she agreed, reluctantly.

As long as there is an opportunity to bring me to court....she will continue to do so.

(Long answer to your question....sorry. But believe me, it is the short version!)

 

[CourtClerk]

Let's not forget that while DCSS may not have a forensic CPA on staff, they are surely able to hire one (at county expense) and if you're not forthcoming with the information that they seek, then they will issue subpeona's to obtain it.

I've seen them go as far as issuing subpeona's to car finance companies, mortgage companies and the like to get information from them regarding income, etc. The simple fact of the matter is that child support is fluid and as long as they can prove that a request for modification falls within their guidelines (which isn't hard), then they will pursue it.

 

[ProPerDoper]

Let's not forget that while DCSS may not have a forensic CPA on staff, they are surely able to hire one (at county expense) and if you're not forthcoming with the information that they seek, then they will issue subpeona's to obtain it.

I've seen them go as far as issuing subpeona's to car finance companies, mortgage companies and the like to get information from them regarding income, etc. The simple fact of the matter is that child support is fluid and as long as they can prove that a request for modification falls within their guidelines (which isn't hard), then they will pursue it.

CourtClerk: I think that I recall that you're employed within California, so I really appreciate your perspective and reply. Your advice is helpful....thanks.

My perspective is that these folks are dangerous. My experience with them last go around was that while most I came in contact with were very professional and courteous, there seemed to be an underlying agenda in that they felt the needed to generate some change to justify their existence. Even though I have primary physical custody of the kids, they spent significantly more time in gathering info/focusing on my income than that of my ex's. I had to really push to get them to listen and pursue specific info needed for a complete story, and when they finally did, it impacted things significantly. I don't think that they're used to having a litigant in Pro Per be very aware.

Finally, I'm still trying to sort out a jurisdictional/venue question pursuant to Family Code 5601 (e). If you have a moment and can locate my threat entitled: "Which County Has Jurisdiction?", I'd really like your view if you have one.

Thanks!