Help in rectifying support order

[loadmaster]

What is the name of your state (only U.S. law)? CA
I hired an attorney to help in my child support case. I no longer have him representing me. I have a support order to pay $1900 a month. However at the time my income was only $2500 a month which my income/expense declaration clearly showed. I am now unemployed, CSS has suspended my license, put a hold on my bank acct. and the arrears are mounting. When I first received the order I asked my attorney how this could be and his answer was "I dont Know". I only saw the actual judgement for the first time the other day when I went to the court clerk. Even though he signed it, the figures obviousely dont add up. How can I rectify this if I cant afford an attorney? It was suggested that I report him to the bar, but my understanding is that wont help with my support problem. Please help!!!!

 

[Isis1]

What is the name of your state (only U.S. law)? CA
I hired an attorney to help in my child support case. I no longer have him representing me. I have a support order to pay $1900 a month. However at the time my income was only $2500 a month which my income/expense declaration clearly showed. I am now unemployed, CSS has suspended my license, put a hold on my bank acct. and the arrears are mounting. When I first received the order I asked my attorney how this could be and his answer was "I dont Know". I only saw the actual judgement for the first time the other day when I went to the court clerk. Even though he signed it, the figures obviousely dont add up. How can I rectify this if I cant afford an attorney? It was suggested that I report him to the bar, but my understanding is that wont help with my support problem. Please help!!!!

how many children is the child support amount for?


are you unemployed voluntarily?

do you see your children in regards to court ordered visitation?

 

[loadmaster]

how many children is the child support amount for? 2 children


are you unemployed voluntarily? No

do you see your children in regards to court ordered visitation?

Yes every other weekend

 

[Isis1]

this is all child support? not alimony included?

i've got to admit, that's alot.

was your ex on state assistance?

if you were fired from employment, it might be possible to have the child support modified until you find new employment. do you have a termination letter? a status hearing might be set up to review your financial situation in about 3-6 months. your arrears, are arrears. they aren't going anywhere.

 

[loadmaster]

this is all child support? not alimony included? only child support, was not married.

i've got to admit, that's alot.

was your ex on state assistance? No, she is employed.

if you were fired from employment, it might be possible to have the child support modified until you find new employment. do you have a termination letter? a status hearing might be set up to review your financial situation in about 3-6 months. your arrears, are arrears. they aren't going anywhere.

Company closed. Do they recalculate the arrears when the figures warrant it?

 

[Isis1]

Company closed. Do they recalculate the arrears when the figures warrant it?

how long has the order been in place?

 

[loadmaster]

how long has the order been in place?

Judgement was dated June 2008, with a starting date of 12/06.

 

[Isis1]

Judgement was dated June 2008, with a starting date of 12/06.

your past the 6 month mark to request a set aside....

you need to request a temp modification TOMORROW! work out a payment plan for the arrears. if you have proof of the termination letter and proof you are currently and actively looking for employment the AG might go easy on you.

i'm thinking your monthly support is MUCH less, but the arrears is what causes the amount to go so high. what's the monthly support? and what's the arrears payment?

 

[loadmaster]

your past the 6 month mark to request a set aside....

you need to request a temp modification TOMORROW! work out a payment plan for the arrears. if you have proof of the termination letter and proof you are currently and actively looking for employment the AG might go easy on you.

i'm thinking your monthly support is MUCH less, but the arrears is what causes the amount to go so high. what's the monthly support? and what's the arrears payment?

it shows payment for 1 child at $980 and the 2nd child $890 per month. does not include arrears. Temp modification is available at the facilitator office?

 

[Isis1]

it shows payment for 1 child at $980 and the 2nd child $890 per month. does not include arrears. Temp modification is available at the facilitator office?

either that's a typo, or you are leaving something out.....it might be possible, i just have never seen that much. please take no offense, but do your children require any special care? even daycare?

did you bring proof of your income? income tax returns?

 

[loadmaster]

support

either that's a typo, or you are leaving something out.....it might be possible, i just have never seen that much. please take no offense, but do your children require any special care? even daycare?

did you bring proof of your income? income tax returns?

No special care, they are normal everyday kids. And yes I had hired an attorney who I thought was helping me, submit the documents such as income/expense declaration, tax returns. which all clearly show my income of $2500 a month. I had even given copies of cancelled checks that I had given the other parent for support. There is no credit for that put towards the arrears which I was told would happen. But I am not concerned so much about that, as about the amount that was computed and the arrears.

 

[MrsHoff]

modification of support order

we went thru the same thing (kinda) and were told to hire a lawyer to file a Petition for Modification Support Order. However, i found one online. It is designed for the defendant (usually the mother or whoever has custody) but you would fill it out as if you were the defendant and explain why the modification is needed. The site i found it on is www.forms.lp.findlaw.com enter your state and it will bring up all the options for what papers they have. you can print and fill out the paperwork but most likely will have to pay to file it w/ the clerks office

 

[CourtClerk]

What is the name of your state (only U.S. law)? CA
I hired an attorney to help in my child support case. I no longer have him representing me. I have a support order to pay $1900 a month. However at the time my income was only $2500 a month which my income/expense declaration clearly showed.

Impossible. That's an illegal order. I'd be curious to see the case file and I bet you I can find the problem

I am now unemployed, CSS has suspended my license, put a hold on my bank acct. and the arrears are mounting.

Why didn't you do something the MINUTE you became unemployed?

When I first received the order I asked my attorney how this could be and his answer was "I dont Know".

Why was that answer acceptable to you? You're paying him, "I don't know" should NEVER be an acceptable answer. I don't even accept it from my kids and I don't pay them.

I only saw the actual judgement for the first time the other day when I went to the court clerk. Even though he signed it, the figures obviousely dont add up.

The Dissomaster print out should be in the case file as well. Go read it.

How can I rectify this if I cant afford an attorney?

File for modification. There are specific forms you need when dealing with CSSD. Do that Monday. In fact, I see this post is a few days old. Why haven't you done it already?

It was suggested that I report him to the bar, but my understanding is that wont help with my support problem.

Won't help it at all.

 

[loadmaster]

Impossible. That's an illegal order. I'd be curious to see the case file and I bet you I can find the problem

Why didn't you do something the MINUTE you became unemployed?

Why was that answer acceptable to you? You're paying him, "I don't know" should NEVER be an acceptable answer. I don't even accept it from my kids and I don't pay them.

The Dissomaster print out should be in the case file as well. Go read it.

File for modification. There are specific forms you need when dealing with CSSD. Do that Monday. In fact, I see this post is a few days old. Why haven't you done it already?

Won't help it at all.

Thank you, finally got some good advice, I'm there first thing monday. I didnt except the I do not know answer. I kept pursueing, they told me they were trying to figure it out, then all of a sudden my retainer was used up, thats when I went to the clerks office. Thank you.