Does Motion for Reconsideration Stay Child Support/Wage Assignment Order?

[ProPerDoper]

What is the name of your state (only U.S. law)? California

After a hearing on child support on my motion, court ordered X to pay by wage assignment. I immediately pursued wage assignment order and it was signed by judge & filed just days after hearing. I then served her and her employer, should be received today.

In checking the court's website I see that she has filed a new Income and Expense report. Knowing her litigious past, I highly suspect that she has moved the court for reconsideration with an order shortening time for hearing. I don't believe that she will meet the requirements for reconsideration pursuant to California Code of Civil Procedure §1008.

Will her motion for reconsideration automatically stay the order for support and the wage assignment order which has already been served?

 

[CourtClerk]

Short answer: No.

 

[ProPerDoper]

Appreciate the confirmation

I suspected as much, and was hoping for such!

 

[CourtClerk]

I suspected as much, and was hoping for such!

You seem to get a lot of joy from sticking it to your ex. As I said, thank you for continuing to bicker. Your bickering pays from my kid's toys. I'm just still very, very sorry for the kids.

 

[ProPerDoper]

No joy....

The legislature is responsible for the system. My goal is to provide for my kids, and while they're in my custody, I need their mom's help with that.

There's nothing more to it than that, and I'll choose to respectfully disengage now.

I hope you have a great weekend, Court Clerk!

 

[ProPerDoper]

Does a Motion For Reconsideration have to be heard by the same judge?

Motion for Reconsideration is now on calendar a few months off. Problem is, it's been set before the regular judge that our case was assigned to. On the day of the original hearing, we stipulated to have a temporary judge hear the matter as the calendar was so full in our regular department.

If I recall correctly, the motion for reconsideration must be heard by the judge that made the order, is that accurate? (One judge has no authority to change the order of another)

 

[CourtClerk]

No joy....

The legislature is responsible for the system.

That is correct. The legislature is responsible for picking out your kids' parents.