In California Family Law does a FC 4251 objection to a court commissioner vest the non-objecting party with the right to hearing

Asked over 1 year ago - Hemet, CA

I objected to the family court commissioner acting as temporary judge in a DCSS support modification. I got a de novo hearing for ongoing support. After not filing any responsive pleadings, my ex hires a lawyer who gets a continuance and then tries to do a bunch of discovery (while still failing to respond). Now he wants another continuance to do more discovery. My ex keeps trying to get the court to overrule my doctors who say I am unable to work. The court denied her request to find ability to earn income. She did not preserve her objection, so the rulings made by the commissioner with respect to her request for relief moots her attempt to use discovery as an oppressive weapon, correct?

Additional information

The lawyer is my ex's new husband cousin and is trying to stall the reconciliation of years of arrears to allow for more time for DCSS to use enforcement strategies against me in what would be a punitive manner due to their stalling for the judicial determination.

Attorney answers (2)

  1. Bernal Peter Ojeda

    Contributor Level 11
    Best Answer
    chosen by asker

    Answered . Since you objected under 4251 (c) you get a de novo hearing but she can hire counsel and he will be given an opportunity to do some discovery. It would be up to the judge to allow another continuance and the burden is on them to show good cause. dependa on the Judge, some are strict and do not allow more than one continuance. Best to consult with counsel.

  2. Stephen Ross Cohen

    Contributor Level 20

    Answered . It sounds like you need an attorney, can you afford one? Is there a legal service pro bono for disabled people, have you subpeoned your medical records to the court?

    My name is Stephen R. Cohen and I have practiced over 39 years and can be reached at 213-819-1171. I in Los... more

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