I just got out court order today for CS, he has to pay 193.32 monthly on the new order and owes arrearages of 5,718.92 and on the order it states the arrearages shall be liquidated at the rate of 20% of the current order. Can you help with clarification on that please?
Yes. This means that $193.32 in current child support is owed each month. Additionally, $38.664 (might be rounded up to $38.65, might be rounded down to $38.66) is owed at this point each month in child support areas because this is 20% of the current order. When the current order changes, the amount of arrears owed changes without having to get a new and specific arrears order. The arrears will just be calculated at 20% of the current child support order. At some point, this could be changed. Also, this doesn't mean DCSS can't collect more in arrears each month. They can still do things like levy bank accounts and intercept tax returns to collect unpaid arrears.
I have a trial for arrears. I’ve been paying CS to my ex and our son doesn’t live with his mother? I live out of state and been picking our son up at his grandfathers? Come to find out that our son has been living with his grandfather since 2017. Ex wife has been filing petitions falsely with the court for support. The ex has been lying to the court say our son lives with her? She now wants to push incarceration? Our son turns 18 in Jan. The Ex is using the power of family court to facilitate false child support claims. Is this legal?
We have seen this situation before. Unfortunately, we cannot give legal advice. So, please speak to an attorney about how you should present this situation, and which witnesses you should call.
Peter, you need to fight this corrupt system altogether and why do you have to go through the system to give money to her and isn't it strange how they'll help the MOTHER with advice but tell you the father that you have to seek an attorney? Anyway, my man, you don't have to pay arrears because it's NOTHING but a contract you didn't sign to use the services of this system and they have no jurisdiction over you so petition the court and fight
@@lassencountydepartmentofch8498 no family court attorneys will take the case because they all work with the judges and lawyers in the County family court system. I tell them support violates Federal Law (FED tax laws and Supremacy clauses and executive orders) 99% of these lawyers have no idea what I'm talking about and being up “conjured up State tax laws” that violate federal rule)
Please visit the Family Law Facilitator for help with this situation in which the child is actually living with the grandparents. There are remedies and the Family Law Facilitator can explain them to you. As far as child support being against Federal law, this simply is not true. We should do a video on this because this is a frequent misconception.
Who the interest is paid to depends on who the principle is owed to. For the principle owed to the other parent, that interest is paid to the other parent. For the principle owed to the State, that interest is paid to the State.
Can my child support arrears be modified due to the custodial parent not reporting an increase in wages? Isn’t that child support fraud? Also can my support arrears be modified due to us splitting time sharing 50/50 without notifying the court? We’ve been time sharing 50/50 for the past year and I am 2 years behind on the original support order. Thanks
Child support can be modified by a stipulation and order or court order. Either way, it doesn't happen automatically. If the other party was required to report an increase in income depends on if such an order was made in your case. Child support can be modified based on a change of income (up or down) of either party or a change in parenting time. It does not matter if the change in parenting time was court ordered or informally agreed to by the parties. In child support court, the Court will use the actual parenting time the parents are sharing when setting guideline child support. You can contact the DCSS managing your case to ask for a review and adjustment of your order.
My ex and I have come to an agreement that includes waiving arrears owed a liquidation hearing is set should I respond with fl-626 in that hearing or file a mothion of my own
You wouldn’t technically be responding with that form because it is a stipulation and not a response. If DCSS is involved in the case they can complete the FL-626 for you and circulate it for signatures. Some courts want a waiver of arrears in writing so would want this form even though the parties appeared at a hearing and agreed to waive arrears. Some courts want the parties to appear in court and tell the Court they really do agree to waive arrears, even though they signed the stipulation to waive arrears. Speaking as an attorney (not as DCSS and not giving legal advice either) it doesn’t hurt to complete the FL-626 (the stipulation to waive arrears) and appear at the hearing to waive arrears. The Court seems to appreciate it when both are done too. However, all parties need to sign the stipulation (including DCSS if they are involved) and the party giving up the right to get the money needs to show up at the hearing too so the Court can be sure that party isn’t being forced to give up the arrears against their will.
“Parental Rights Class Action” Lawsuit to be filed in Washington DC: Justice for U.S. "family court" victims You already HAD full custody, before ever entering family court
“-- Every natural/biological parent *already* has full legal/physical custody of their child from the very moment of birth. These full and equally-shared custodial rights over children are *pre-existing* long before ever entering into any family court process. Yet, every day of the week, family courts are automatically, arbitrarily, unilaterally and summarily just reclassifying one-half of the parents as fictitiously-alleged “noncustodial” parents, and then of course also adding on further secondary orders like support and visitation. The flagrantly unconstitutional problem is that the state has absolutely no legal authority, in the first place, whatsoever, to start ordering around how any child is to be taken care of, especially including ordering you - the natural/biological parent with pre-existing and superior rights to your child/ren - how much time, money and other efforts you must expend upon your own natural child/ren, until and unless the state *first* would prove you seriously “unfit” to continue retaining your pre-existing parental rights, i.e., first proving by clear and convincing evidence under full due process procedures that you are seriously unfit parent with seriously documented child abuse/neglect/etc. Only then, i.e., only *after* first removing your parental rights by a sanctioned compelling interest (protecting children from serious abuse/neglect/etc.), may the state then finally have the actual legal authority to start acting like the parent of that child itself, by directing how the child is to be taken care of (how much money to spend each week on the child, where the child will live and go to school, medical, dental, and everything else involved in raising a child). Since the mid-1970s and federalization of family law, the family courts have been doing this wrong for so long now, that the general public mistakenly believes that a divorce-or-similar case is all about “he said, she said” enough to “win” custody of their own children, all of which could never be further from the actual truth. A family court itself ("the State") does NOT have ANY custody of the child, and it is a pure fiction, a fantasy, an absolute legal nullity, a complete fraud, for any family court judge to “award” or “grant” custody of a child to either/both natural parents. Remember, they (both) *already have* their (equally-shared) *pre-existing* custodial rights to their child/ren. No family court judge can “award” or “grant” something it does not even have (child custody) to someone who already has it (child custody)... The entire notion is a completely and directly unconstitutional fraud, of widespread and epidemic proportions. What is actually going on within that (wholly unlawful) process is that the family court is actually allowing one parent to *retain* her/his pre-existing custodial rights, but actually *removing* the other parent’s equal pre-existing custodial rights, but *without* following the absolutely required prerequisite due process procedures of first removing that parent’s pre-existing custodial rights by proving serious parental unfitness. By allowing one parent to retain their constitutional parental rights (which are always superior to the state’s rights), yet actually removing the other parent’s same and equal pre-existing rights (without even so much as bothering to tell them that that is what is actually happening...), there are always three (3) big unconstitutional violations going on, every time, regardless whether it’s the mother-over-father, or father-over-mother: (1) direct violations of that victimized parent’s own individual various due process and constitutional rights; (2) direct violations of equal protection of the laws; and (3) flagrant gender discrimination along with the related “bias and prejudice” principles, as between those two natural parents. Again, it doesn’t matter which is the favored parent and which is the victimized parent, because it’s gender discrimination between them, either way, and violation of equal protection of the laws, either way. The entire family court system, nationwide, is directly and flagrantly unconstitutional, beyond any shadow of doubt, and therefore every State and Commonwealth must repair its own family court system to comply with real law and rights. (Both of) you already had full custody...”
Do you have any information on why am I paying child support arrears to the mother of my son . He passed away over a year ago and why is what’s taking out my check going to his mom and his grandmother ❓❓❓❓
I am very sorry for your loss. Contact the child support agency administering your case to be sure. Generally in California though, child support arrears are due until paid (even if the child those arrears accrued on has passed).
My man, sorry for your loss, but you need to petition the court to terminate that child support order on the grounds of they have no jurisdiction and no contract with you to use their services and don't listen to this lawyer because she's nothing but a player in this child support system and she could careless what your situation is...do a youtube search for Rick W and child support, he's been through it and his child support case went bye bye
Thank you for asking this. This would be a great video topic. As always, this is not legal advise. This is for educational purposes only. I'm talking about what I've seen happen and not giving advise for your case or any specific case. This applies to California. Child support arrears that have already accrued never go away. So, they can be collected forever. However, I've seen several cases, in several courts order (in different counties), where the party owed support arrears was prevented from collecting the arrears that had been owed for many years. The key combination in these cases was that: i) the person owed support arrears delayed in trying to collect arrears, ii) the delay prejudiced the party owing arrears (classic latches argument), iii) in several of the cases, there was an allegation that the parties agreed to set support at $0 per month at some point (but never officially did), iv) and/or an alleged agreement that child support arrears were paid off at some point. Look for a video on this topic in the near future.
There is no statute of limitation and it cannot be discharged by a judge. Any agreement established to discharge the arrears by the party owed would need to be a notarized and issued by modified agreement. Allegations simply do not hold up in court of law: he said, she said is not binding. A court order is a legal agreement that will uphold the terms per the settlement.
The man 99% of the time agrees by threat of jail by "child" the support agency. Do you represent the child? No, you recoup $$$ for the state. Child support enforcement really should be called, "3rd party administrators sticking their nose into a prior (and valid) agreement between two fit parents".....For profit.
I just got out court order today for CS, he has to pay 193.32 monthly on the new order and owes arrearages of 5,718.92 and on the order it states the arrearages shall be liquidated at the rate of 20% of the current order.
Can you help with clarification on that please?
Yes. This means that $193.32 in current child support is owed each month. Additionally, $38.664 (might be rounded up to $38.65, might be rounded down to $38.66) is owed at this point each month in child support areas because this is 20% of the current order. When the current order changes, the amount of arrears owed changes without having to get a new and specific arrears order. The arrears will just be calculated at 20% of the current child support order. At some point, this could be changed. Also, this doesn't mean DCSS can't collect more in arrears each month. They can still do things like levy bank accounts and intercept tax returns to collect unpaid arrears.
I have a trial for arrears. I’ve been paying CS to my ex and our son doesn’t live with his mother? I live out of state and been picking our son up at his grandfathers? Come to find out that our son has been living with his grandfather since 2017. Ex wife has been filing petitions falsely with the court for support. The ex has been lying to the court say our son lives with her? She now wants to push incarceration? Our son turns 18 in Jan. The Ex is using the power of family court to facilitate false child support claims. Is this legal?
We have seen this situation before. Unfortunately, we cannot give legal advice. So, please speak to an attorney about how you should present this situation, and which witnesses you should call.
Peter, you need to fight this corrupt system altogether and why do you have to go through the system to give money to her and isn't it strange how they'll help the MOTHER with advice but tell you the father that you have to seek an attorney? Anyway, my man, you don't have to pay arrears because it's NOTHING but a contract you didn't sign to use the services of this system and they have no jurisdiction over you so petition the court and fight
Your case is similar to mine. What I did was filed for modification, also, I used my Veteran status to assist to getting arrears to - 0.00
@@lassencountydepartmentofch8498 no family court attorneys will take the case because they all work with the judges and lawyers in the County family court system. I tell them support violates Federal Law (FED tax laws and Supremacy clauses and executive orders) 99% of these lawyers have no idea what I'm talking about and being up “conjured up State tax laws” that violate federal rule)
Please visit the Family Law Facilitator for help with this situation in which the child is actually living with the grandparents. There are remedies and the Family Law Facilitator can explain them to you.
As far as child support being against Federal law, this simply is not true. We should do a video on this because this is a frequent misconception.
Who is paid the interest of the retroactive? Custodial parent or the state?
Who the interest is paid to depends on who the principle is owed to. For the principle owed to the other parent, that interest is paid to the other parent. For the principle owed to the State, that interest is paid to the State.
Can my child support arrears be modified due to the custodial parent not reporting an increase in wages? Isn’t that child support fraud? Also can my support arrears be modified due to us splitting time sharing 50/50 without notifying the court? We’ve been time sharing 50/50 for the past year and I am 2 years behind on the original support order.
Thanks
Child support can be modified by a stipulation and order or court order. Either way, it doesn't happen automatically. If the other party was required to report an increase in income depends on if such an order was made in your case. Child support can be modified based on a change of income (up or down) of either party or a change in parenting time. It does not matter if the change in parenting time was court ordered or informally agreed to by the parties. In child support court, the Court will use the actual parenting time the parents are sharing when setting guideline child support. You can contact the DCSS managing your case to ask for a review and adjustment of your order.
If this woman is a part of the system she should be protected.
My ex and I have come to an agreement that includes waiving arrears owed a liquidation hearing is set should I respond with fl-626 in that hearing or file a mothion of my own
You wouldn’t technically be responding with that form because it is a stipulation and not a response. If DCSS is involved in the case they can complete the FL-626 for you and circulate it for signatures. Some courts want a waiver of arrears in writing so would want this form even though the parties appeared at a hearing and agreed to waive arrears. Some courts want the parties to appear in court and tell the Court they really do agree to waive arrears, even though they signed the stipulation to waive arrears. Speaking as an attorney (not as DCSS and not giving legal advice either) it doesn’t hurt to complete the FL-626 (the stipulation to waive arrears) and appear at the hearing to waive arrears. The Court seems to appreciate it when both are done too. However, all parties need to sign the stipulation (including DCSS if they are involved) and the party giving up the right to get the money needs to show up at the hearing too so the Court can be sure that party isn’t being forced to give up the arrears against their will.
“Parental Rights Class Action” Lawsuit to be filed in Washington DC: Justice for U.S. "family court" victims
You already HAD full custody, before ever entering family court
“-- Every natural/biological parent *already* has full legal/physical custody of their child from the very moment of birth. These full and equally-shared custodial rights over children are *pre-existing* long before ever entering into any family court process. Yet, every day of the week, family courts are automatically, arbitrarily, unilaterally and summarily just reclassifying one-half of the parents as fictitiously-alleged “noncustodial” parents, and then of course also adding on further secondary orders like support and visitation. The flagrantly unconstitutional problem is that the state has absolutely no legal authority, in the first place, whatsoever, to start ordering around how any child is to be taken care of, especially including ordering you - the natural/biological parent with pre-existing and superior rights to your child/ren - how much time, money and other efforts you must expend upon your own natural child/ren, until and unless the state *first* would prove you seriously “unfit” to continue retaining your pre-existing parental rights, i.e., first proving by clear and convincing evidence under full due process procedures that you are seriously unfit parent with seriously documented child abuse/neglect/etc. Only then, i.e., only *after* first removing your parental rights by a sanctioned compelling interest (protecting children from serious abuse/neglect/etc.), may the state then finally have the actual legal authority to start acting like the parent of that child itself, by directing how the child is to be taken care of (how much money to spend each week on the child, where the child will live and go to school, medical, dental, and everything else involved in raising a child).
Since the mid-1970s and federalization of family law, the family courts have been doing this wrong for so long now, that the general public mistakenly believes that a divorce-or-similar case is all about “he said, she said” enough to “win” custody of their own children, all of which could never be further from the actual truth. A family court itself ("the State") does NOT have ANY custody of the child, and it is a pure fiction, a fantasy, an absolute legal nullity, a complete fraud, for any family court judge to “award” or “grant” custody of a child to either/both natural parents. Remember, they (both) *already have* their (equally-shared) *pre-existing* custodial rights to their child/ren. No family court judge can “award” or “grant” something it does not even have (child custody) to someone who already has it (child custody)... The entire notion is a completely and directly unconstitutional fraud, of widespread and epidemic proportions.
What is actually going on within that (wholly unlawful) process is that the family court is actually allowing one parent to *retain* her/his pre-existing custodial rights, but actually *removing* the other parent’s equal pre-existing custodial rights, but *without* following the absolutely required prerequisite due process procedures of first removing that parent’s pre-existing custodial rights by proving serious parental unfitness. By allowing one parent to retain their constitutional parental rights (which are always superior to the state’s rights), yet actually removing the other parent’s same and equal pre-existing rights (without even so much as bothering to tell them that that is what is actually happening...), there are always three (3) big unconstitutional violations going on, every time, regardless whether it’s the mother-over-father, or father-over-mother: (1) direct violations of that victimized parent’s own individual various due process and constitutional rights; (2) direct violations of equal protection of the laws; and (3) flagrant gender discrimination along with the related “bias and prejudice” principles, as between those two natural parents. Again, it doesn’t matter which is the favored parent and which is the victimized parent, because it’s gender discrimination between them, either way, and violation of equal protection of the laws, either way. The entire family court system, nationwide, is directly and flagrantly unconstitutional, beyond any shadow of doubt, and therefore every State and Commonwealth must repair its own family court system to comply with real law and rights. (Both of) you already had full custody...”
Do you have any information on why am I paying child support arrears to the mother of my son . He passed away over a year ago and why is what’s taking out my check going to his mom and his grandmother ❓❓❓❓
I am very sorry for your loss. Contact the child support agency administering your case to be sure. Generally in California though, child support arrears are due until paid (even if the child those arrears accrued on has passed).
My man, sorry for your loss, but you need to petition the court to terminate that child support order on the grounds of they have no jurisdiction and no contract with you to use their services and don't listen to this lawyer because she's nothing but a player in this child support system and she could careless what your situation is...do a youtube search for Rick W and child support, he's been through it and his child support case went bye bye
How long does arrears go back after a child is over 18 . Let’s say if they didn’t pay for 9 years of child support but the child is now 21
And there has been a court order for years
Thank you for asking this. This would be a great video topic. As always, this is not legal advise. This is for educational purposes only. I'm talking about what I've seen happen and not giving advise for your case or any specific case.
This applies to California. Child support arrears that have already accrued never go away. So, they can be collected forever.
However, I've seen several cases, in several courts order (in different counties), where the party owed support arrears was prevented from collecting the arrears that had been owed for many years. The key combination in these cases was that: i) the person owed support arrears delayed in trying to collect arrears, ii) the delay prejudiced the party owing arrears (classic latches argument), iii) in several of the cases, there was an allegation that the parties agreed to set support at $0 per month at some point (but never officially did), iv) and/or an alleged agreement that child support arrears were paid off at some point.
Look for a video on this topic in the near future.
There is no statute of limitation and it cannot be discharged by a judge. Any agreement established to discharge the arrears by the party owed would need to be a notarized and issued by modified agreement. Allegations simply do not hold up in court of law: he said, she said is not binding. A court order is a legal agreement that will uphold the terms per the settlement.
@@lassencountydepartmentofch8498 If they had a prior agreement for $O.....how did you get standing?
The man 99% of the time agrees by threat of jail by "child" the support agency. Do you represent the child? No, you recoup $$$ for the state. Child support enforcement really should be called, "3rd party administrators sticking their nose into a prior (and valid) agreement between two fit parents".....For profit.