What do I do with a "Response to Governmental Notice of Motion or Order to Show Cause" for child support ?

Question

I requested a modification of existing child support order.I live in california.On the notice of motion, the Petitioner/Plaintiff is the county where my ex resides.I am listed under the Respondent/Defendant, and my ex is listed under "other parent." First of all, isn't my ex supposed to be the petitioner?An already completed "request for order and supporting declaration" and "response to governmental notice of motion or order to show cause" forms were attached and I have no idea what I'm supposed to do with these forms.Can someone please share with me step by step instructions regarding what I must do? On the order to show cause form, I believe I'm supposed to respond to the requests the court made in the other form I stated, so if the courts made no requests in orders for the parentage, health insurance, fees, property restraint, do I put that "I do consent to the order requested" or would I leave the box unchecked?They are forms FL-685 & FL 684.I have a hearing date already. PlsHelp

Thank you for your responses everyone. Also, there is a "proof of service by mail" on the other side of the "response to gov notice of motion or order to show cause." When I asked, they said I didn't have to serve the other parents any documents in the case of modification, but I am required to fill out the form and send it back to them along with the resonse form to show proof it was sent I guess. But, on the form it says that I cannot be a party to this cause. How am I supposed to send it then? I don't think another person is supposed to send it since I'm the one that's going to send the other side (the response) to the court. This court stuff is so confusing.

Answer 1

Forget the Clerk of Courts! They're too busy and will only refer you to the child support office--which you can find here:

http://www.childsup.cahwnet.gov/county_locations.asp

Make an appt and sit down with a support specialist to go thru the paperwork.

Answer 2

OK.

1. The state government through the county that she lives in helps to represent and resolve these child support matters so the state/county through your ex-wife are coming at you for child support. Yes, the government enforces this stuff for your ex.

2. I don't have step by step instructions. You should ask the clerc of court at the county courthouse for instructions. If you go up to the window where you exchange paper work, the person should be able to tell you who to talk to.

If the "request for order and supporting declaration," is a blank form for you to fill out, you can write on there why you want to modify the existing child support amount. Like, that you can't afford it and why, maybe you are earning less money now or have been laid off from work. If you have any documentary proof of your income, your current work status, liike a letter from work with the number of hours or soemthing you could use that as supporting evidence.

If the "request for an order," form was filled out by the county government, that is a motion and the gov't is asking the court to make an order about the terms of your obligatoins to pay child support. Or if it is blank, then that is where you write to the judge asking for an order about the terms of the child support, whether you can or cannot pay that much or provide the insurance anymore and what you want the Judge to change.

The "response to gov't notice of motoin or order to show cause," is where you would prepare a response to the gov't saying to the Judge, "hey, this guy isn't paying child support - Judge make him pay or demand that he tell you why he's not paying." On that response form you can write why the Judge should not make you pay the existing order amount, and why you haven't paid, and why you can't pay it in the future.

3. Order to show cause is the Court demanding you to tell why you aren't doing something, why you didn't respond to their questions or file the papers or pay your child support obligations. Explain the reason why you didn't do it.

Now, I haven't read the forms. If the county moved for an order and you agree with it, you could mark "I do consent to the order requested." But it sounds like you are trying to change the previous existing order so you don't consent to whatever the County is trying to get the Judge to do to you. I woud NOT check that box.

You can retain an attorney to help you through these tough times or go down to the courthouse and ask the clerk of court for more help.

Answer 3

YOUR LOCAL COURT HOUSE SHOULD HAVE A PERSON ON HAND TO GUIDE YOU THROUGH THE PAPERWORK. ALSO IF YOU CONTACT THE DIVISION OF CHILD SUPPORT THEY CAN ALSO HELP. LEGAL AID IS VERY HELPFUL TO. IF THE STATE IS THE PETITIONER IT USUALLY MEANS THAT YOUR ARREARS ARE MOUNTING DUE TO LACK OF PAYMENT AND THERE FOR THEY ARE GOING TO ASK A JUDGE TO PENALIZE YOU WITH JAIL OR THE LIKE. GOOD LUCK!!!

Answer 4

the court clerk will be able to tell you what these exactly are, and what you need to do. its confusing sometimes, but necessary. in most states, cost of living increases are every two years, and its done by the state, on behalf the children.

http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.deadbeatjustice.com/list.htm
http://www.divorcelawinfo.com/
http://www.divorcehq.com/deadbeat.html
http://www.acf.dhhs.gov/programs/cse/
http://www.supportkids.com/