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

Hemet, CA |
Filed under: Family law Discovery

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?

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. Best answer

    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. 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 Angeles and Orange County, California. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site.

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