Child support order/custodial parent never notified

[novemberbride]

What is the name of your state (only U.S. law)? CA
I opened my mail to find a child support order from my county's superior court. Appearently there was an economic hearing on 11/19 which I was never notified about. I am the custodial parent, and I am ordered to pay the ncp $397/month in child support. How do I contest this? I was never served. The courts don't have a current I&E statement from me and I have majoritity of the timeshare with our child. I'm so confused. How can something be ordered without any information from me?

 

[LdiJ]

What is the name of your state (only U.S. law)? CA
I opened my mail to find a child support order from my county's superior court. Appearently there was an economic hearing on 11/19 which I was never notified about. I am the custodial parent, and I am ordered to pay the ncp $397/month in child support. How do I contest this? I was never served. The courts don't have a current I&E statement from me and I have majoritity of the timeshare with our child. I'm so confused. How can something be ordered without any information from me?

I would recommend that you hire an attorney to handle this.

 

[Isis1]

What is the name of your state (only U.S. law)? CA
I opened my mail to find a child support order from my county's superior court. Appearently there was an economic hearing on 11/19 which I was never notified about. I am the custodial parent, and I am ordered to pay the ncp $397/month in child support. How do I contest this? I was never served. The courts don't have a current I&E statement from me and I have majoritity of the timeshare with our child. I'm so confused. How can something be ordered without any information from me?

aside from LD stated about an attorney.

go down to the courthouse and get a copy of the file.

first questions.

were they ever any child support ordered prior? such as the NCP paying you?

any court orders for child visitation/custody?

 

[CourtClerk]

you may have to file a motion to set aside.

A motion to set aside is far from appropriate in this case. Wrong motion.

 

[novemberbride]

Sorry I haven't responded. Lot's going on.

From April 2007 until January 2008 NCP paid CP $265 a month, 1/2 child care and 1/2 out of pocket healt care. To this day NCP has nver paid the child care or health care.

We had a long cause hearing in January 2008, which NCP's income was being questioned. From subpoened bank records, NCP had 1.4million dollars move in and out of his bank account within prior year (2007-2008) and nearly 6 million over the past 5 years. Judge ruled that my attorney at that time did not prove those amounts as income, therefore support would be ordered at guidline based on a minimum wage job.

From that hearing child support was increased to NCP paying CP $300 a month, 1/2 child care and half out of pocket medical. NCP has not paid any of the child care or medical to date.

In April 2009 we went back to court, and NCP visitation increased substantialy. Time share percentage became NCP=37% and CP=63%

In May, child support changed to CP paying NCP $81 a month due to NCP timeshare changing substantially. NCP does not work, and has not worked in the 7 years that I have known him. He claims to only make $1000 a month.

I believe the courts used the last I&E statement filed, which has changed since. I have different expenses now since I have purchased a home, changed daycare, etc. Now, NCP is claiming that he is disabled due to an accident. I work full time, and have with the same company for 6 years.

I'm retaining an attorney. I've realized that our case is far to complex to do this without one.