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Is Support ORDER VALID if moving attorney does NOT file FL 191 in violation ROC 5.033 & Federal Law Sec. 466. [42 U.S.C. 666]

San Diego, CA |

•FL 342 the CHILD SUPPORT INFORMATION ORDER ATTACHMENT "THE SUPPORT ORDER" on page 2 Paragraph 12 - (The associated proof of service confirms) I was NOT served the MANDATORY Health Care Costs and reimbursement procedures and information on changing child support order(form FL-192) which MUST BE attached to a valid order.
•FL 342 page 2 paragraph 13 - Child Support Case Registry(form FL-191) was NOT completed or served upon me in violation of R.O.C. 5.330 (a); (b); (c); AND (d).
•Failure to file FL-191 also Violated CA Family Code 4014
•The court's past and present failure to have both parties registered in the Child Support Case Registry is a violation of Federal Law Sec. 466. [42 U.S.C. 666] (a) 13
•I say: Continuing to hear this contempt for support complaint, while presently being

in violation of federal law466. [42 U.S.C. 666] (a) 13 is a violation of my constitutional rights.

Attorney Answers 1

Posted

The order is valid upon when it is made. Not every violation nullifies an order or even has a consequence. Some law and rules have no enforcement mechanism. Also there is a rebuttable presumption when there is a proof of service the documents were served.
Also FL-191 has no bearing on the validity.
I think the best thing to do is work on a deal because the judge probably won't agree with you.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com

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1 comment

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Posted

Agreed. But my position is an order is not enforcable until notice of entry, or until the order has been filed with the court. R.O.C. 5.330 direct the court clerk in ALL support matters to reject ALL F.A.O.A.H. absent a completed FL 191. The Fl 191 and Support Order can NOT exist independantly. The State and court are bound by Federal Law Sec. 466. [42 U.S.C. 666] (a) 13 & R.O.C. 5.330... The court is in violation of Federal law, as 6 years after order neither party has been entered into the CA Child Support Registry...

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