Questions about child support

[novemberbride]

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

In November 2009, my ex (NCP) filed to modify child support. He served me by mail, however, the post office sent it back to him because he didn't pay proper postage. He put it back in the mail without paying postage, so it was sent back again. He didn't pay the postage, and just sent it back. When the post office got it again, they notified me. By time I got it, the hearing had occured, but I wasn't aware of it.

The outcome of the hearing was that I was to pay my ex $397 in support each month. At that time, I was making $16.34 an hour, working full time.

I've been paying since then.

On august 8th 2010 my 2nd child was born. My last day at work was on August 5th. 2010. Due to medical issues for both me, and my newborn I didn't return to work. My last day of FMLA was November 11 2010.

I contacted DCSS to get the paperwork to modify support. Filled it out, sent it back. As of today it's still being "reviewed".

I found out that dad is recieving welfare and it was explained to me that my support gets funnelled through the welfare program.

My question is....
When support is modified, will they back date it to the last day I recieved an income?

If so, I assume the money that I sent to DCSS won't be able to be paid back since it went to welfare.

And, I know it's over a year ago, but can I do anything about the dad's original filing for modification and that he didn't pay the proper postage, so I was never served? This is the way dad ALWAYS serves me with stuff....it's always needing additional postage to be paid.

 

[nextwife]

Your modification was due to YOU being voluntarily unemployed?

Is the new child HIS? Why should his CS be modified because of your voluntary unemployment?

 

[CJane]

If you're unable to return to work due to injury/disability for yourself, have you applied for disability?

Failure on your part to appeal through the proper channels at the time of the modification has likely closed any avenues you have to appeal it now.

Generally speaking, child support modifications are possibly back-dated to the time that the modification request was filed. So no, not to the point that you lost income, but to whenever you filed for the mod.

 

[CJane]

Your modification was due to YOU being voluntarily unemployed?

Is the new child HIS? Why should his CS be modified because of your voluntary unemployment?

Did you miss the part where her failure to return to work is medically related? Perhaps she's unable to return to work and not unwilling.

 

[novemberbride]

New child isn't his.

During my pregnancy, I was diagnosed with cervical cancer. I couldn't return to work because of treatment. If all goes well, I plan of returning to work in April.

 

[novemberbride]

If you're unable to return to work due to injury/disability for yourself, have you applied for disability?

Failure on your part to appeal through the proper channels at the time of the modification has likely closed any avenues you have to appeal it now.

Generally speaking, child support modifications are possibly back-dated to the time that the modification request was filed. So no, not to the point that you lost income, but to whenever you filed for the mod.

I tried to apply for short term disabilty, but was told I couldn't because of I had used it when I was pregnant.

As far as the appeal goes, I recognize I should have appealed it a long time ago. My fault totally.

 

[Ohiogal]

You should have appealed as soon as you were ordered to pay due to lack of service. That would have saved you. However since you didn't you waive the defects of that time. It (any modification) will likely go back to the date of filing.

 

[novemberbride]

Thanks very much!

When I return to work, I will file for another modification. Am I right?

 

[Artemis_ofthe_Hunt]

Thanks very much!

When I return to work, I will file for another modification. Am I right?

Oh... and btw... PLEASE keep all of your questions in ONE thread.

 

[novemberbride]

oops sorry..my bad