How do you file a non-stipulation to a commissioner?

Asked over 1 year ago - Sacramento, CA

The case has been heard by a commissioner in the past. I am unaware as to where I'd find the "stipulation to commissioner", if I ever signed one. Would you file a non-stipulation to a commissioner upon filing your motion or after your motion has a hearing date and assigned commissioner? If that's not available to you inform the bailiff at your hearing?

Thank you for taking time to assist. It is incredibly appreciated.

Additional information

I understand cases enforceable by title IV-D are required to be heard by child support commissioners when filed by the local child support agency. My question is in regards to the parent ordered to pay filing a motion.

Attorney answers (4)

  1. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It is unlikely that you "filed" a stipulation. More likely you stood in line at the clerk's desk on the first day of appearing in that courtroom and signed in as directed -- and probably signed then stip then. If you signed a stip under any set of circumstances it will be nearly impossible to obtain relief now from that stip. More critically, there are strong and compelling downsides to trying to get away from a commissioner who has been assigned a case and conducted any extent of proceedings, even a single 5-minute housekeeping matter. This is a situation where, if you are not absolutely certain of success (and you should NOT be certain of succeeding, based on what you have summarized in your post here), then it is incredibly unwise to make the effort. If you touch the king, be sure to kill him is the old metaphorical adage. Nothing is worse than being before a judicial officer who resents the fact that you tried to cause him/her to be removed. That makes for a long season in front of a court with an even longer memory.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Martha Bronson

    Contributor Level 14

    Answered . Both parties have to stipulate to the commissioner in writing. If you found this helpful and/or the best answer, please let the attorney know and check the box on the bottom indicating so. Thank you and best of luck.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  3. Gary Ray White

    Contributor Level 11

    Answered . Look at the Department 127 and 132 advisement videos on the Sacramento Superior Court website under Family and Children.

  4. Robert Andrew Michael Burns

    Contributor Level 17

    Answered . Look in the Court's file for your case to find any such stipulation.

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