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IAAL - CA questions

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VeronicaGia

Senior Member
What is the name of your state? California

Order to show cause to increase support and add out of pocket medical payments filed December 2001.

Court date held March 2002. Support increased, out of pocket added to order.

As of today 8/19, no court order has been received by CP, NCP or NCP's employer. Also, county has not distributed any support payments since December 2001 - they are "on hold." NCP calls once and is told "we will get around to the order." CP calls many times and is told there is a computer glitch, and she'll have to wait until it's straightened out. There is almost 3k on hold.

CP asks NCP to send copies of payments; NCP complies.

CP asks for out of pocket medical money, NCP partially complies (large bill) and will make payments according to their verbal agreement.

Questions:

What should either party do to get the county going on a court order? This was an automatic three year review initiated by the county if that helps.

What should either party do to get money released to CP?

Should NCP pay these medical bills in absence of a court order?

Thank you, and I hope you are doing well.
 


I AM ALWAYS LIABLE

Senior Member
My response:

As you know, the State Department of Child Support Services (DCSS) is now charged with the duty to "administer all services and perform all functions necessary to establish, collect, and distribute child support." [Ca Fam § 17200; see also Ca Fam § 17303 (statement of legislative findings and intent); and County of Yuba v. Savedra (2000) 78 Cal.App.4th 1311, 1317, 93 Cal.Rptr.2d 524, 528].

In place of the district attorney's office, the DCSS is now designated as the single organizational unit with the duty of administering the Title IV-D state plan for securing child and spousal support, medical support, and determining paternity. [Ca Fam § 17202]

The actual services, however, occur at the county level under the authority of the local child support agency. [Ca Fam § 17304; see also Ca Fam § 17500(a)--in carrying out its Title IV-D obligations, local child support agency "shall have the responsibility for promptly and effectively collecting and enforcing child support obligations"; and Ca Fam § 17500(b)--local child support agency is "responsible for administering wage withholding" for purposes of Title IV-D].

However, in local child support agency support proceedings (Ca Fam § 17400 et seq.), the "client" is the county--not the custodial parent or child. [Ca Fam § 17406(a); Monterey County v. Cornejo (1991) 53 Cal.3d 1271, 1284, 283 Cal.Rptr. 405, 414]

Therefore, neither a parent, child nor any other individual may state a viable malpractice claim against the local child support agency for alleged negligence in performing its support enforcement services. [Jager v. County of Alameda (1992) 8 Cal.App.4th 294, 297, 10 Cal.Rptr.2d 293, 295 (decided under comparable predecessor statute when district attorney had Title IV-D support enforcement obligation)--custodial mother alleged DA negligently released child support lien despite undercalculation of arrearages and interest owed]

So, your only viable solution to your dilemma is to file an OSC against the County Director of your local DCSS office to have them explain to the judge why they are not performing their job, under the appropriate code section for their failure in their " . . . responsibility for promptly and effectively collecting and enforcing child support obligations." Doing so will cause them to "cut you a check" - - even if it means that DCSS is to create a paper log book of payments to the CP, until they get their computers fixed. Their computer problem shall not be made the CP's problem. People's lives are at stake.

IAAL
 

VeronicaGia

Senior Member
Thank you IAAL!

:D

What should CP or NCP do to try to get the court order? It's been five months since the court date, and the OSC goes back to December 1, 2001. Should the CP write a polite letter to the judge asking when a signed order will be forthcoming, or do both parties just have to wait? Could this be why the county is holding up payment, awaiting a new court order?
 
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I AM ALWAYS LIABLE

Senior Member
Originally posted by VeronicaGia

Thank you IAAL!

==================================

My response:

You're welcome. Let me know what you're going to do, when you do it, and the outcome.

{{{FEEL, FEEL, GROPE}}}

IAAL
 

I AM ALWAYS LIABLE

Senior Member
VeronicaGia said:
{{{{{{FONDLE}}}}}}

As you can see, I edited my message asking for further elaboration.

{{{{{SPANK}}}}}

(;^D)


My response:

Go to the court, get your file, and have a copy of the "Minute Order" made for you. Take that Minute Order to the courtroom, and speak to the court clerk. Ask the Clerk when the Final Order will be written and served. Then, after that, and in the meantime, send a copy of the Minute Order to DCSS, or if close enough to your home, go there and start waving the Minute Order in front of their faces saying, "You know, people could starve waiting for you people to get off your butts! If I don't get my money RIGHT NOW, I'm filing an Order to Show Cause against you, and the Director of this stupid ass agency, and I'm not going to walk out of the courtroom unless, and until, I have a piece of your butt in my hand. Now, goddamn it, cut me a freakin' check - - I need groceries!!!"

{{{GROPE, GROPE}}}

When I talk that way, doesn't it make you hot?

IAAL
 

VeronicaGia

Senior Member
It does indeed make me hot! {{{{CARESS, STROKE}}}}

I also makes me realize even more how inept those idiots are. I can't imagine having to deal with case after case of this, like you do, without pulling out my hair!

I will read on the codes you've listed above, get my ducks in a row and get this money out of the county's hands once and for all. Lucky for me I have a link to these codes along with a link to CA court forms. I also have a copy of the minute order.....

I will burn those *******s! (pardon my French)

Thank you IAAL. Thank you very much.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Good. I'm glad you already have the Minute Order. Now, get to the courthouse and speak to the court clerk about getting the Final Order.

Also, are you, in fact, in California? If so, which County?

IAAL
 
A

ahutchGA

Guest
VeronicaGia...

Sounds like IAAL wants to meet you!

:)

I picture IAAL as a Paul Newman type: silvery hair, piercing blue eyes, deadpan look. He doesn't look his age, and in fact looks better and healthier than when he was in his 20s.

He favors khakis and polo shirts during the week, but can be seen breaking out the blue jeans on the weekends.

House near a beach too?

Am I close IAAL?

:)
 

VeronicaGia

Senior Member
I am in MI, the court order (or lack thereof) and the CP are in San Diego. I wonder if the CP has a copy of the minute order-maybe I should send a copy just in case.

The complaint resolution section of CA family law is not very helpful. I know there is an Ombudsman too, and have that information.

I'll do whatever I have to to get the support paid to the CP. Why should the county sit on it and collect interest when it is needed?

They're a bunch of losers IAAL; I truly don't know how you deal with it everyday.
 
A

ahutchGA

Guest
Clarification

VeronicaGia:

I know it's easy for things to get misinterpreted on these posts, but I'd like clarification please. When you told IAAL that they're a bunch of losers, I truly don't know how you deal with it everyday, were you referring to people in CA or on this board?

Because I was teasing you and teasing IAAL (I do wonder what he looks like!).

I hope I didn't offend you, either by my remarks, or my request for clarificiation.

Thanks!
:)
 

I AM ALWAYS LIABLE

Senior Member
Re: Clarification

ahutchGA said:
VeronicaGia:

I know it's easy for things to get misinterpreted on these posts, but I'd like clarification please. When you told IAAL that they're a bunch of losers, I truly don't know how you deal with it everyday, were you referring to people in CA or on this board?

Because I was teasing you and teasing IAAL (I do wonder what he looks like!).

I hope I didn't offend you, either by my remarks, or my request for clarificiation.

Thanks!
:)

My response:

Oh my dear ahutch !!

You didn't, nor could you, offend anyone. Veronica was talking about my dealings with, and the people who work at, DCSS - - not the people of California necessarily, or the people on these boards. I didn't make any reply to her comment about DCSS because, remember, my office has to work with that Department on a daily basis. I think they're just wonderful folks - - he said with a gun to his head.

But, thanks for making me laugh a little.

. . . and, if you want to know what I look like, use the Search function above, and use the word "prinze" as your search word.

IAAL
 
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A

ahutchGA

Guest
Thanks IAAL

Thanks for the info. I couldn't get the link to work on my computer, but I found a picture on Yahoo.

Sorry I'm too young to remember that show (grew up in the 80s). I do think Prinze was a very handsome guy, though.

If you want to know what I look like, it's a cross between Doris Day and a young Mia Farrow.

Thank you for the earlier compliment. I'm looking forward to reading you, Veronica and MG's next installment of:

"AS THE LAWYER BILLS!"

(Crescendo of horrible soap radio music here).
 

VeronicaGia

Senior Member
ahutch, yes, as IAAL said, I was talking about the people at DCSS, not all the people in any one particular state and certainly not the people on these boards.

And get that gun away from Freddie....I mean, IAAL.
 

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