Cali child support issues

Here's a good one, hopefully someone might have some info. When I met my
wife she was pregnant. We split up two years later. Next thing I know, My
wages were being garnished for this child and I requested a paternity test.
California said that they didn't have to. What they did was when they
served me, they did it to an address that I hadn't lived at in over a year.
So, not only did I not get served, they gave me thirty days to contest the
issue which was up when I got the garnishment. Now I have three children
living with me that are mine and cali takes half my wages for this child
that isn't mine. Problem with that is I only make 1000 dollars a month and
cali takes half. Can you imagine trying to support three children on 500 a
month. I've requested a modification and they refuse. They expect you to
work but suspend your driver's license so you can't get there. I've tried
legal aid but they won't touch it because it's a family case. I just don't
know what to do. Any Ideas? Johnathan from Oregon

johnathan darby wrote:
Here's a good one, hopefully someone might have some info. When I met my
wife she was pregnant. We split up two years later. Next thing I know, My
wages were being garnished for this child and I requested a paternity test.
California said that they didn't have to. What they did was when they
served me, they did it to an address that I hadn't lived at in over a year.
So, not only did I not get served, they gave me thirty days to contest the
issue which was up when I got the garnishment. Now I have three children
living with me that are mine and cali takes half my wages for this child
that isn't mine. Problem with that is I only make 1000 dollars a month and
cali takes half. Can you imagine trying to support three children on 500 a
month. I've requested a modification and they refuse. They expect you to
work but suspend your driver's license so you can't get there. I've tried
legal aid but they won't touch it because it's a family case. I just don't
know what to do. Any Ideas? Johnathan from Oregon



I can't imagine supporting three kids on $1000 a month, much less $500.

Some newspapers and local television stations have a consumer advocate
or someone responsible for human interest stories. Try to talk with one
of them to get some publicity. They may also be able to refer to you
someone willing to take on your case. Look for these folks both in your
town and the town in California from which you came.

At the very least, perhaps your story will be told and others may be
helped by it. It doesn't compare to being able to put a roof over your
own kids' heads, but at least it's a small consolation.

If it were me, I think I'd consider quiting my job and living off the
kindness of friends and family for a few months so I could devote 100%
of my time to sitting in government offices until I got the matter
straightened out. Presumably, if you don't have a wage they can't
garnish it. Admittedly that's an extreme solution, and it may not be an
option for you if you can't find friends or family that can help you out
during the ordeal. After all, your kids can't just stop eating for a few
months. OTOH, they may learn a valuable lesson in civil disobediance and
in standing up for your rights if you could find a way to make it work.

There are multiple parts to this. One is the issue of paying half your
salary the other is whether or not you are the father and if you are
how much the state thinks you should be paying.

I would very much doubt any collection arm is going to be interested,
much less able to adjust any of this. Living off of friends may be an
option but dropping your income to zero is usually a bad idea...it
doesn't stop the meter from running and reduces options for both you
and your children.

I would either hire a California attorney or go pro se (personally I'd
do the latter) and file a motion to overturn the judgment due to
improper service. Then you get to participate in a new trial to address
1. if you really are the father and 2. what you should be paying,
probably more in the 25% range, though at $12K a year, it's still going
to be major pain.

imo dodging this or job changing or whatever isn't going to make any of
this any better. Some do move to an underground economy...various cash
jobs. Or move out of the country. For the sake of the children you have
a relationship with, I'd try to solve through the court system.

Whatever the outcome (other than discovering you are not the father) it
going to involve long-term pain.

Don (4 years, 6 months and $64.5K until my son is 24 but then who's
counting)

"Random Stranger" wrote in message
. com...
I can't imagine supporting three kids on $1000 a month, much less $500.

If it were me, I think I'd consider quiting my job and living off the
kindness of friends and family for a few months so I could devote 100% of
my time to sitting in government offices until I got the matter
straightened out. Presumably, if you don't have a wage they can't garnish
it. Admittedly that's an extreme solution, and it may not be an option for
you if you can't find friends or family that can help you out during the
ordeal. After all, your kids can't just stop eating for a few months.
OTOH, they may learn a valuable lesson in civil disobediance and in
standing up for your rights if you could find a way to make it work.

This is similar to the situation I found myself in some years ago.

My court ordered child support was MORE than my income.

Mind you, I had two children living with me. After exhausting my
life savings I went to jail. Now, just so everyone's clear, I was never
arrested and therefore had no rights. The rights that are guaranteed in
the US Constitution. Hell, I didn't even know how long I was in for.

It truly could have been for life.

Neat little trick, this "contempt of court". It totally circumvents the
due process given to thieves and murderers and makes fathers
without money a sub-class unto themselves. They aren't arrested
and therefore have no legal right to a speedy trial, a court-appointed
lawyer or any other rights afforded to the accused.

Fortunately, the court system viewed me as a walking wallet and was
kind enough to let me out after 2-1/2 months.....Of course my child
support continued to accrue during my "vacation".

It DID get my payments lowered....I guess they figured that after 2-1/2
months in jail I *really* didn't have the money.

I would never run. My children are my children, I would never then nor
now, abandon them. My time in jail opened my eyes to a world that few
get to see....You see, there were many of us there. Those men who found
themselves without the money to pay what the court had ordered, and
a sense of responsibility so strong that they faced jail before abandoning
their children.

Good luck my friend. I hope things work out for you.

"B-Hate-Me" wrote in

Neat little trick, this "contempt of court". It totally circumvents the
due process given to thieves and murderers and makes fathers
without money a sub-class unto themselves.

If it were a real court, I could abide by their law and show the respect a
real court of law deserves, but this is nothing more than a gimmick to allow
a small group of political activists to control the lives of the poor
misfortunate souls that are targeted by this bogus system.

It's nothing short of abuse of power by the a Government that we granted the
authority to take care of all our best interests. Government authorities
have betrayed the trust they were given, it's time we remove their authority
and control from our personal lives.

Let them control and fix the roads and waterways as it was originally
intended, no government power should exceed it's orginal authority!

"B-Hate-Me" wrote in message
...

"Random Stranger" wrote in message
. com...
I can't imagine supporting three kids on $1000 a month, much less $500.

If it were me, I think I'd consider quiting my job and living off the
kindness of friends and family for a few months so I could devote 100%
of
my time to sitting in government offices until I got the matter
straightened out. Presumably, if you don't have a wage they can't
garnish
it. Admittedly that's an extreme solution, and it may not be an option
for
you if you can't find friends or family that can help you out during the
ordeal. After all, your kids can't just stop eating for a few months.
OTOH, they may learn a valuable lesson in civil disobediance and in
standing up for your rights if you could find a way to make it work.

This is similar to the situation I found myself in some years ago.

My court ordered child support was MORE than my income.

Mind you, I had two children living with me. After exhausting my
life savings I went to jail. Now, just so everyone's clear, I was never
arrested and therefore had no rights. The rights that are guaranteed in
the US Constitution. Hell, I didn't even know how long I was in for.

It truly could have been for life.

Neat little trick, this "contempt of court". It totally circumvents the
due process given to thieves and murderers and makes fathers
without money a sub-class unto themselves. They aren't arrested
and therefore have no legal right to a speedy trial, a court-appointed
lawyer or any other rights afforded to the accused.

The way this happens as described is for the father to have failed to appear
at an arraignment hearing. The purpose of the arraignment hearing is to
make you aware of your rights, provide you with information about court
appointed counsel, and set a date for the contempt hearing.

The DA's show the judge proof of service on the father formally notifying
him of the hearing. Fathers who do not appear at the arraignment hearing
have a bench warrant issued for their arrest and a bond amount set equal to
the arrearage amount. I have seen one case where the judge set the bond at
double the arrearage amount since the father was a flight risk and had
skipped out on previous occasions.

I use the word "father" in the above because out of 19 cases I have observed
during arraignment hearings, 19 were fathers. My conclusion is women who
have CS arrearages respond to the legal tactics used earlier on in the
escalating process of enforcement.

"Bob Whiteside" wrote in message
nk.net...
Neat little trick, this "contempt of court". It totally circumvents the
due process given to thieves and murderers and makes fathers
without money a sub-class unto themselves. They aren't arrested
and therefore have no legal right to a speedy trial, a court-appointed
lawyer or any other rights afforded to the accused.

The way this happens as described is for the father to have failed to
appear
at an arraignment hearing. The purpose of the arraignment hearing is to
make you aware of your rights, provide you with information about court
appointed counsel, and set a date for the contempt hearing.

Arraignment?

On what charge?

I was never arrested. therefore I was never arraigned.
I went to every court proceeding....I just didn't make
the amount of money that I was ordered to pay. Eventually
they just threw my ass in jail. I had made child support payments
of over $10,000.00 that year.

My payments WERE lowered....Albeit after 2-1/2 months
in jail.

My only crime was not making enough money.

The only "proof" that the court would accept was my willingness
to be torn from my children....My very life...And rot in jail.

"B-Hate-Me" wrote in

The only "proof" that the court would accept was my willingness
to be torn from my children....My very life...And rot in jail.

Nobody said these Court Clowns are smart!

"B-Hate-Me" wrote in message
. ..

"Bob Whiteside" wrote in message
nk.net...
Neat little trick, this "contempt of court". It totally circumvents the
due process given to thieves and murderers and makes fathers
without money a sub-class unto themselves. They aren't arrested
and therefore have no legal right to a speedy trial, a court-appointed
lawyer or any other rights afforded to the accused.

The way this happens as described is for the father to have failed to
appear
at an arraignment hearing. The purpose of the arraignment hearing is to
make you aware of your rights, provide you with information about court
appointed counsel, and set a date for the contempt hearing.

Arraignment?

Arraignments are required when jail time is a possible remedial outcome.
They may call it sommething other than an "arraignment" in your state. It's
the hearing where they ask you if you are the person being charged, notify
you of your rights to have an attorney present, ask if you want to apply for
a public defender, ask for your plea, and set the date for your hearing.


On what charge?

Contempt of court/remedial.


I was never arrested. therefore I was never arraigned.
I went to every court proceeding....I just didn't make
the amount of money that I was ordered to pay. Eventually
they just threw my ass in jail. I had made child support payments
of over $10,000.00 that year.

So how did you go from owing back CS to being in jail? I'm sure you didn't
just walk in to the jail and say, "Lock me up."


My payments WERE lowered....Albeit after 2-1/2 months
in jail.

My only crime was not making enough money.

You didn't commit a crime. But you were in contempt of a legally obtained
court order and the state took remedial action to further get you to comply
with the previous order.


The only "proof" that the court would accept was my willingness
to be torn from my children....My very life...And rot in jail.

My state tries to avoid placing fathers in jail. They offer the fathers at
the arraignment hearing a stipulated order for a job search with specific
requirements to remain in compliance with the job search order.

"Bob Whiteside" wrote in message
ink.net...
The only "proof" that the court would accept was my willingness
to be torn from my children....My very life...And rot in jail.

My state tries to avoid placing fathers in jail. They offer the fathers
at
the arraignment hearing a stipulated order for a job search with specific
requirements to remain in compliance with the job search order.

What state is that? Utopia?