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JUDGE ISSUED VACATE ORDER FOR EXPEDITED CHILD SUPPORT

Carson, CA |

I went to court yesterday and the judge stated that he was going to vacate the order for expedited child support but said i needed to serve a copy of a certain form to the other parent(not sure what form it is) do you know what form i would need to fill out? also he stated that the petitioner needs to re file ALL her paperwork because at the time she filed she listed my son on there who is now 18, so he stated she needed to re file paperwork does that mean i am going to have to re file all forms that i was orignially served with(expedited child support request, establish parentage relationship)? those were the ones that she originially filed and we didnt even get into custody yesterday. also am i going to have to pay all over again to file last time i paid 430.00

Attorney Answers 3

Posted

Ok, you've got several questions here. You also mixed your pronouns from "I" to "she". Are both of these referring to you?

1) I wasn't present in court with you and haven't reviewed a transcript so I don't know what form you're referring to. It could be an I&E or a reissued OSC (those are just guesses) or another form. Was is something in regards to establishing paternity?

2) All her paperwork: that's either in regards to your motion or the case. If paternity was established and the judge just vacated the child support order then it sounds like paternity is established? I don't know that fact since you haven't stated it here.

3) To answer your question: if you've already paid your filing fee for first appearance fee, you don't have to pay it twice (that's the $395.00). You may have to pay another filing fee.

Have you considered hiring a lawyer to (1) handle the case for you; or (2) review your paperwork to make sure that it's done right? There are lawyers who will review your paperwork for a reasonable fee. It might be a good idea to call one of them.

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8 comments

Asker

Posted

He didn't even discuss the custody portion.. he pretty much concentrated on the expedited child support and told her she needed to re serve me and then I had 30 days to file my response... I'm assuming since no custody was established that when we go back again he will establish it at that time he enters the judgement for the child support.. also does the child support start from the day the papers were stamped with the clerk or does it start the day he issues his judgement on it?

Asker

Posted

He didn't even discuss the custody portion.. he pretty much concentrated on the expedited child support and told her she needed to re serve me and then I had 30 days to file my response... I'm assuming since no custody was established that when we go back again he will establish it at that time he enters the judgement for the child support.. also does the child support start from the day the papers were stamped with the clerk or does it start the day he issues his judgement on it?

Hillary Johns

Hillary Johns

Posted

The date of filing the motion.

Asker

Posted

do you think he is going to discuss the custody at the next hearing? we have never had anything in writting for custody and i have always paid on my own. short summary is: i have three kids with the other parent, 20,18 and 15 we never had custody or child support papers drawn up, i paid 700.00 a month to her until my son was arrested in april that is when i sent her 350.00 for just my younger daughter, and once all my kids turned 13 she really didnt enfroce them to come over i havent seen my daughter since the middle of 2011 and now she is seeking all custody she then filed the exped child suprt order. the judge vacated that because my son had turned 18 by the time we went to court, now she has to do it all over again but he never even got to the custody part of the papers before we left. question is at the next hearing once i am served again will custody be brought up?

Hillary Johns

Hillary Johns

Posted

I don't know because I wasn't present in court, don't represent you, don't know the case history and so forth. I would really suggest that you have a lawyer review it. It sounds like there's a long case history here.

Mary Katherine Brown

Mary Katherine Brown

Posted

It is always a good idea to give priority consideration to the information provided by your state's attorneys as they are most often the best source of up-to-date information on local law.

Asker

Posted

Mrs. Johns IS a laywer from the same state as the asker!!! Please check before you post your blablabla....! I hate to open up comments, expect something interesting and see your blablabla comments all the time! AND.... I am not alone in being sick of your comments!

Asker

Posted

Miss Brown, please stop those comments or at least change your picture so something is different the next time I open up a comment...

Posted

Have you considered going to local Child Support Services for help?

http://www.childsup.ca.gov/Resources/ApplyForServices/tabid/72/Default.aspx

Best of luck to you.

Attorney Rebekah Ryan Main – visit us on the web at www.Main-Law.com or call 909-891-0906 to set up a consultation.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.

This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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2 comments

Mary Katherine Brown

Mary Katherine Brown

Posted

Again, your local attorney’s are usually the best source of advice, and their answers should be given the highest regard

Asker

Posted

Again........., Mrs. Main is ALSO from CA!!!!!!!!!!!!!!!

Posted

You need to serve all documents to the other side. You shouldn't have to re-pay the costs. You can file an amended petition but it sounds like the problem was just serving it. I would need to see the documents and speak with you about the case to really know what paperwork you are referring to.

Maryam Atighechi is a family law, real estate and civil litigation attorney in Sherman Oaks, CA. 310-498-1057. Please be advised that although Ms. Atighechi is an attorney, the comments posted does not constitute legal advice. You should not rely on any advice or suggestions written and seek outside, independent counsel. An attorney-client relationship has not formed by reading the post.

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4 comments

Mary Katherine Brown

Mary Katherine Brown

Posted

It is always a good idea to give priority consideration to the information provided by your state's attorneys as they are most often the best source of up-to-date information on local law.

Asker

Posted

Mrs. Atighechi is ALSO from CA. CA means California and it is the same California the asker is from!!!!!!!!!!!!!!!!! It starts to feel like WHERE IS WALDO! when I see your pic everywhere! I don't want to see it any longer!

Mary Katherine Brown

Mary Katherine Brown

Posted

As previously noted, I agree with the answers given by the other attorneys however; it is important note that lawyers and judges alike may approach the same law from different viewpoints and reach different conclusions. Thus, I usually recommend consulting directly with an attorney who practices in your local court and who is familiar with the opinions of the judges most likely to consider your issue. Similarly, I believe all the attorneys who answer questions here on Avvo make their best effort to provide accurate and useful information, but I always recommend giving priority consideration to the information provided by the attorneys from your state. Good luck!

Asker

Posted

Now you have a third "Cut and paste" to put in! I will have one too: "Where is Waldo? Here is Waldo Brown! Translation: Mrs. Brown thinks it's helps you if your lawyer lives next door to the Judge and brings him wine."

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