I became unemployed 8 months ago and started collecting unemployment. I could no longer pay my full monthly child support amount for my child. My unemployment check is being garnished by CSS. I requested a modification from CSS over 7 months ago and haven't heard anything. I have 5 other children to support along with losing my job. CSS just put a levy on my back account. I tried calling by their call center was done. Isn't CSS supposed to personally serve me giving me notice of such action? Also, will they remove the levy since I requested modification 7 months ago? I am on welfare and trying to survive on practically nothing. If you divide my income amongst each of my 6 kids, the one child receiving support receives double. Doesn't seem fair to them.
First, there is no requirement that CSS personally serve you anything regarding a levy as by doing so would put you on notice and you would be able to empty your account thus rendering the levy useless. As for the issue of modification, requesting one is not sufficient you need to request a Hearing (OSC) modifying the support.
You should consult with an experienced family law attorney to determine your full rights and obligations. However, generally a modification of support is only available retroactive to the filing of a Request for Orders doing so. Provided that the Court previously had obtained jurisdiction over you there would be no reason that the notice of levy would have to be personally served. The notice of levy is often received after the funds have been frozen or removed from the account.
In modifying support make sure that the Court takes into account both any other child support orders you may have in place and accounts for any children living with you (the Court refers to these endearingly as "hardships").
Again, you should consult with an experienced family law attorney or the family court facilitators office regarding the procedural process to accomplish your desired outcome. Bear in mind that the Department of Child Support Services does not technically represent either parent and will not likely take steps to modify the current orders on your behalf.
Any substantive or procedural information contained in this response is for informational purposes only. The provision of this information does not constitute legal advice nor does it create an attorney-client relationship. To obtain legal advice relevant to your situation you should contact a local family law attorney. The Law Office of Matthew J. Rudy is happy to provide a free one-hour consultation to individuals located in the greater San Francisco Bay Area.
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