proof of service for child custody

[Homa]

What is the name of your state? California
in 2016 my Ex went to the court without serving me and got the full custody, I didn't know anything about the child custody till 10/2018, he never showed or tell anyone about the custody, even the school, all this time I was the custodial parent. What can I do to prove that I haven't been served and had no idea about the court date!

 

[Just Blue]

What is the name of your state? California

Homa, please provide more info...do not use the preview function. Thanks...

 

[Homa]

I had the full custody since my son was 5 years old, at age 12 he started acting up and I had to send him to his dad since he didn't want to follow the rule at home, I thought he is going to stay for a short period of time and come back but then he went to the court and got the full custody without even serving me, but he never said anything, so school had me the custodial parent, doctor appointments and everything was on me even though he was staying with his father, then he brought him back to me on March 2018 and since then he is with me, I asked for child support and right after I served him for the court day he went to school to get my son back and he showed the paper that he has the custody, the school contacted me and my son refused to go with him, but then I had to fill for child custody, I couldn't ask for child support without having child custody, we went to the court and I got the full custody back again since I was able to prove that he was not responsible enough to take him to school and he was missing many days of school and the judge ordered 88$ child support for someone who has a full time job!!!!!!!
I am going to ask for child support again and complain about the judge for his child support order but at the same time I need to do something about the child custody that was issued on 2016 and I was not served! He is trying to get the tax money or 2 years of 2017 and 2018 even though I was the one who was providing him cloths, health insurance, all his recreation activities plus my son has his own room and place in my home but he rents a small room, he had to share the room with his dad, he didn't even provide him a bigger place! basically he didn't have any extra expenses for his father maybe some food!

 

[Zigner]

I'll start with the last part first: Dad was the right one to claim the child for 2017. He was the residential parent.

If there has been no change in the income situation for either parent, then don't expect a change in support. In fact, if you go in there to "complain", you may find yourself on the wrong end of the judge's temperment.

As for the 2016 custody order - what do you think you need to "do" about this? Custody has reverted to you. What do you hope to accomplish by going on a rant to the court about it?

 

[Homa]

I know he is right about 2017, but not 2018! The whole custody was base on a big lie to the court, he signed the paper that I was served! Then if people can go to the court without serving and getting what the want, next time that I have to go to the court for child support I won't serve him, specially since he never brings the proof of income, the judge told him that next time if he doesn't bring the papers he will go with my word, so if he doesn't show up, the judge will order the child support base on what I say! I won't serve him then and apparently the court system doesn't care!
The judge ordered 88$ child support per month for someone who said he has the same job and income from 4 years ago and the child support order back then was 481$, that's why I go back to the court to ask for child support again!

 

[Zigner]

I know he is right about 2017, but not 2018! The whole custody was base on a big lie to the court, he signed the paper that I was served! Then if people can go to the court without serving and getting what the want, next time that I have to go to the court for child support I won't serve him, specially since he never brings the proof of income, the judge told him that next time if he doesn't bring the papers he will go with my word, so if he doesn't show up, the judge will order the child support base on what I say! I won't serve him then and apparently the court system doesn't care!

That's a terrible idea. Do things right. I know you are hot about this, but you really need to think about this rationally.

The judge ordered 88$ child support per month for someone who said he has the same job and income from 4 years ago and the child support order back then was 481$, that's why I go back to the court to ask for child support again!

Absent a change in circumstances, you can't get it changed unless the amount that was ordered is below the guideline support amount. If you can prove that it is below the guideline, then you may get a change. In any case, DON'T falsify the proof of service.

https://www.courts.ca.gov/1196.htm

 

[SESmama]

DO things right or it may come back to bite you and you really don't want that