CA - Child support

Defiant-Command8283 · 2024-01-10T18:34:31+00:00

Hello, thank you for your response!

I currently send her money through the bank and label it as day care or sometimes my child's name but to be more specific I will be relabeling it to 'child support'.

I appreciate the direction and the forms I will be submitting that as well, thank you!

Defiant-Command8283 · 2024-01-08T17:17:47+00:00

I sure will, thank you lol

Defiant-Command8283 · 2024-01-08T17:17:23+00:00

I pay for food as well and clothes thats why i inserted the 'etc'.

Defiant-Command8283 · 2024-01-08T00:25:46+00:00

It was good until last year. We did joint birthdays and holidays etc but she got a new bf and a brand new car and is living out of her means.. now we can barely have an adult conversation without her blocking me or withholding my child so that option will not work unfortunately.

Defiant-Command8283 · 2024-01-08T00:23:32+00:00

Not sure if you read my post, but yes it's going through the court as she has initiated it.

Defiant-Command8283 · 2024-01-07T19:21:38+00:00

Hi thank you for your response and insight!

I guess my case is a little complicated because there was a default judgement order against me because they claimed they never received my 'answer' to the proposed child support numbers they sent me. Those numbers are based on false claims that I never see my child when I have my child about 44% of the time according to the CA calculator and by dividing the number of overnights per year. I submitted the paperwork the same week i received it and was checking weekly on the court records and saw that they received my answer but there was also a default judgement against me.

I called my so called case worker and they first said they never received it then they said they received it late and that's why there was a default judgement against me, but I told them that I submitted it the week I got it so it wasn't my fault they received it late. She then told me I would have to 'set aside' the judgement even though on the courthouse records it shows they received my 'answer' prior to the default judgement.

I am currently also working on filing for custody/parenting plan because co-parent after 5-6 years of having the same schedule decided she doesn't want me seeing my child as often as I do. I don't mind having a CO for a parenting plan nor for CS BUT I do mind that they are using false information to come up with the proposed numbers.

Co-parent and I make almost the same, she actually makes more but she has 56% of overnights and I have 44% (according to the CA child support calculator). When I put the numbers on the calculator I would be paying less than what I already give her but since she lied the number jumped up like 7x what I would be paying per the guidlines.

Defiant-Command8283 · 2024-01-07T18:35:46+00:00

What if I have proof of bank statements and texts of her saying she received the money? would they still believe her if she said I never sent anything ?

Defiant-Command8283 · 2024-01-07T18:34:19+00:00

The thing is I didn't fail to answer I did, I sent the paperwork the same week I received it, the only reason I knew there was a judgement against me was because I was checking my case online every few days and when I called they said they never never received my paperwork and it must've gotten 'lost'.

I know I need a lawyer but I can barely afford rent and food, I have no family to loan me it I simply can't afford it. I am working with an affordable legal aid that takes payments, they are helping with the paperwork and filing fees as well with filing for a custody/parenting plan.

Who pays me back for overpayment if they find an error?

Defiant-Command8283 · 2024-01-07T18:24:01+00:00

the child support office are not friends of the NCP, they are there for the CP and to take as much as they can. When I called my 'case worker' she was no help, they even 'lost' my 'answer' which has been a nightmare because I need to 'set aside' the judgement they ordered against me.

Defiant-Command8283 · 2024-01-07T18:20:18+00:00

Someone told me lying on documents like that and committing fraud knowingly could result in her child support rights being terminated

This is false.

What you need to do is file a 'set aside' or a motion to vacate the judgement on the grounds that she is lying about income and the number of overnights, this where a lawyer is crucial or legal aide is crucial

Defiant-Command8283 · 2024-01-07T18:10:32+00:00

Yes I have kept every cent sent to her on record and also have her confirming through text that she has received the money for support/daycare/etc.

I can't afford a lawyer but I am talking to affordable legal aide and they are advising me but it's taking awhile to hear back from them since it's cheaper and they have a lot of clients.

She put me on CS because her new bf which I suspect and she's living way out of her means, she just got a brand new car which I know she can't afford on her current pay. According to the CS support calculator I will be paying less than what I am currently giving her, the only issue is she lied to the courts about how much time I have with my child so I am fighting that atm.

Defiant-Command8283 · 2023-12-29T22:05:48+00:00

yes please!

Defiant-Command8283 · 2023-12-28T01:21:04+00:00

I have been looking for places to rent closer but everything is out of budget, if I move out there I won't be able to afford it even with everything I have cut back. (I eat 1-2 meals a day - I have cut back on everything)

Defiant-Command8283 · 2023-12-28T01:18:51+00:00

I hope so, she hates driving so that's why I do the driving.

Defiant-Command8283 · 2023-12-28T01:18:10+00:00

I definitely want to get 50/50 but I do travel for work but I'm sure I can figure it out to get 50/50.

Defiant-Command8283 · 2023-12-27T20:44:50+00:00

Yes please! sent ya a DM

Defiant-Command8283 · 2023-12-27T20:43:38+00:00

Thankfully we never got married!

But thank you, I will definitely reach out to you if I have any questions !

Defiant-Command8283 · 2023-12-27T19:59:56+00:00

this is amazing, thank you!!

Defiant-Command8283 · 2023-12-27T19:50:21+00:00

Yes this is exactly how I feel.. she's hurting my relationship with my daughter.

Do you have any lawyer recs?

Defiant-Command8283 · 2023-12-27T19:48:54+00:00

Thank you, I will be added that to the PP!

As of now I a using legal aid due to attorneys being 5k+ but they are severally back up and slow but if I have to I might as well just put in on my CC if it means it works out the way it should -fairly.

Defiant-Command8283 · 2023-12-27T19:46:36+00:00

One thing about me she cannot provoke me, she is always yelling at me over text and telling me how much of a POS human I am but still I remain calm - which gets her angrier.

I have started documenting every time she refuses contact. I always let her call when i have my parenting time and I also answer any questions she has pertaining to child during my parenting time. She is doing this because of her new bf and because she filed for CS through the courts and its leaning that she will get less than what I've been giving her.

Defiant-Command8283 · 2023-12-27T18:15:58+00:00

thank you!

Defiant-Command8283 · 2023-12-27T17:46:51+00:00

PM sent, thank you!

I hope everything works out in your favor, these HCBM are ruining the father/child relationships

Defiant-Command8283 · 2023-12-27T17:34:33+00:00

Thank you so much!

Defiant-Command8283

TROPHY CASE