When to go to court for support reduction In CA?

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Re: When to go to court for support reduction In CA?

Unread postby dad2grls » Wed Feb 07, 2018 1:32 pm

In my case the order was written in a way that clearly indicated the end date of spousal support, and when that date arrived I simply stopped paying, along with child support orders that clearly stated the amount the child support would be after one child was emancipated. After my second daughter reached her 21st birthday, I simply stopped writing support checks and no one ever bothered me.

The order did not initially address increased child support when spousal support terminated, but ultimately it was increased during a subsequent hearing which stated what the future amount of child support would be for the one remaining child after there was no spousal support payment, it increased by a few hundred bucks per month on a roughly $3000 payment.

But again, that could vary between states. I'm in NY.

If you're paying support through a 3rd party court appointed agency and/or there is no clear termination dates or revised support amounts in your orders you will certainly need a hearing to obtain a revised order.

Yet another reason why I dislike payments being made through a 3rd party agency that you have no control over. It would have cost me around $3k for such an action, at least a day of work missed, and the stress of another court appearance. As compared to simply not paying anymore.
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Re: When to go to court for support reduction In CA?

Unread postby Kuuner » Wed Feb 07, 2018 3:14 pm

RC611V wrote:If it isn't clear when child support will end for you, review your orders. It should be clear from there. There can be ambiguity about when it terminates if a kid is still in high school after age 18. But your orders hopefully are decisive.

If the agency is collecting, they will handle making changes. You should start by contacting them, which may bring the result of filing a request with the agency, and not going to family court with it. This will probably work in your favor, because there will be less 'wiggle room' for the mom to plead with a judge or make excuses about need. They just go with the numbers more often, in my experience.

Spousal I honestly don't have any advice on, except the general common sense thing of making sure she is really married before you try to terminate it. Both supports are enforced by the agency, yes? You probably will need a court order to terminate it, because your orders probably say 'until further order of the court'. But if it says 'until remarriage' then you have that, but still need to prove it happened, which you'd probably do in family court to get that 'further order'.

If both are being enforced by the agency, start with them. I got super lucky and the attorney handling my case is an awesome guy. I hope it works well for you.


Thanks for the well wishes. It's been a long road but, that part is in the past for the most part other than this looming issue. It's not a bad issue from my perspective (At least at this point), just an issue that will need to be addressed at some point in the near future, and I'm trying to get in front of it. It's amazing how long I've lived with my adjusted take home pay and the realization that I might be able to afford more than topramen at some point in the near future.

Child will graduate right around the 18th birthday.

There isn't an "Agency" collection, there was (is) a wager order for a garnishment filed through Family Court for SS and CS. Way back in the day, it was decided that it was best for it to just come out of my check twice a month than to rely on me to pay it twice a month. Of course I didn't make that decision, opposing counsel did and the courts accepted his request for the garnishment.

Agreed on the common sense thing. I've been mum and will continue to be that way until right around the wedding date where I'll get a copy of the marriage license and troll social media for the congratulatory announcements. I've said nothing to my kids about it at all. I continue to support them above and beyond requirement in any and all ways I can, as any dad should.
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Re: When to go to court for support reduction In CA?

Unread postby RC611V » Wed Feb 07, 2018 4:48 pm

When I say 'the agency' I mean DCSS, in CA. I use 'the agency' just to be like, consistent for any state's enforcement agency.

So paying through the Department of Child Support Services is a good way to go. Apparently it is or can be different depending on the County, but for me, Los Angeles, in my court, they handle everything and there is a court specifically for CS. Once there is an income withholding order, they handle it all. Not family court. And this is good, in my experience. Judges and attorneys in family court mess up all the time. Usually not in the payors favor. But the agency, like I said, they process this < feces > all day and just pump it out. I was very happy with the way it went, we had a 'hearing' which was just a meeting with an attorney who crunched the numbers, convinced my ex and me that we didn't want to wait to go see the judge, but to stipulate (that's what I wanted to do, and my ex was good for it too) so we just signed the paper and left.

Try to find a contact in your local jurisdiction for DCSS. If you want you can PM me, I might be able to help.
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Re: When to go to court for support reduction In CA?

Unread postby dad2grls » Wed Feb 07, 2018 5:18 pm

RC611V wrote:When I say 'the agency' I mean DCSS, in CA. I use 'the agency' just to be like, consistent for any state's enforcement agency...So paying through the Department of Child Support Services is a good way to go


Based solely on what you posted, you still would get all the benefits of the dedicated CS agency without agreeing to them forcefully removing money from your savings account each month.
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Re: When to go to court for support reduction In CA?

Unread postby RC611V » Wed Feb 07, 2018 5:24 pm

The stigma of 'wage garnishment' is false.

I was just talking to two women yesterday who said, oh that sucks you are getting garnished. And I said, I'm not getting garnished. It's an income withholding order. I don't have to worry about it. (And if you want to know, usually they're slower getting the money to the ex, since they wait for it to transfer to them, then send it to her. So if you want to 'stick it to your ex' you can go with the agency and smile knowing that her money gets to her a few days later than if you sent it to her directly. :roll: ). And they said, 'Doesn't it look bad? Like you aren't willing to pay?' and I said, 'No, who says I'm not willing to pay? That's just a stigma people make up. I'm glad I don't have to worry about it.'

So this is a thing we all need to get over. Quit giving the 'other side' the pleasure of having the option to say 'OOoooh I got your wages garnished!!!' and say, 'Yes thank you. I'm glad for the income withholding order.'

I just got a new order for paying support earlier this week. Made by OC. My ex has to pay him to write it up. I don't. Bonus points for me.
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Re: When to go to court for support reduction In CA?

Unread postby Kuuner » Wed Feb 07, 2018 5:40 pm

RC611V wrote:When I say 'the agency' I mean DCSS, in CA. I use 'the agency' just to be like, consistent for any state's enforcement agency.

So paying through the Department of Child Support Services is a good way to go. Apparently it is or can be different depending on the County, but for me, Los Angeles, in my court, they handle everything and there is a court specifically for CS. Once there is an income withholding order, they handle it all. Not family court. And this is good, in my experience. Judges and attorneys in family court mess up all the time. Usually not in the payors favor. But the agency, like I said, they process this < feces > all day and just pump it out. I was very happy with the way it went, we had a 'hearing' which was just a meeting with an attorney who crunched the numbers, convinced my ex and me that we didn't want to wait to go see the judge, but to stipulate (that's what I wanted to do, and my ex was good for it too) so we just signed the paper and left.

Try to find a contact in your local jurisdiction for DCSS. If you want you can PM me, I might be able to help.


I got what you meant. There is no agency involvement. No DCSS involvement. Ex's attorney filed a motion for a wage assignment with family court for hearing, hearing held, assignment approved, assignment submitted to my employer and now it's pulled from my pay directly into her account. At least that's my understanding of how it went down. I'll PM you. Thank you.
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Re: When to go to court for support reduction In CA?

Unread postby Kuuner » Wed Feb 07, 2018 5:42 pm

RC611V wrote:The stigma of 'wage garnishment' is false.

I was just talking to two women yesterday who said, oh that sucks you are getting garnished. And I said, I'm not getting garnished. It's an income withholding order. I don't have to worry about it. (And if you want to know, usually they're slower getting the money to the ex, since they wait for it to transfer to them, then send it to her. So if you want to 'stick it to your ex' you can go with the agency and smile knowing that her money gets to her a few days later than if you sent it to her directly. :roll: ). And they said, 'Doesn't it look bad? Like you aren't willing to pay?' and I said, 'No, who says I'm not willing to pay? That's just a stigma people make up. I'm glad I don't have to worry about it.'

So this is a thing we all need to get over. Quit giving the 'other side' the pleasure of having the option to say 'OOoooh I got your wages garnished!!!' and say, 'Yes thank you. I'm glad for the income withholding order.'

I just got a new order for paying support earlier this week. Made by OC. My ex has to pay him to write it up. I don't. Bonus points for me.


Yeah...never bothered me either. One less thing for me to worry about doing.
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Re: When to go to court for support reduction In CA?

Unread postby Trevor » Wed Feb 07, 2018 8:05 pm

Stop quoting every post to which you are responding. Most of us are interacting here on our phones, and it sucks having to scroll past all that rubbish.
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Re: When to go to court for support reduction In CA?

Unread postby dad2grls » Thu Feb 08, 2018 8:05 am

RC611V wrote:The stigma of 'wage garnishment' is false.

I was just talking to two women yesterday who said, oh that sucks you are getting garnished. And I said, I'm not getting garnished. It's an income withholding order. I don't have to worry about it. And they said, 'Doesn't it look bad? Like you aren't willing to pay?


Not seeing a difference between "wage garnishment" and "income withholding".

The stigma of wage garnishment is real. Even if you don't particularly agree with it. As per the women you talked to. That's how they feel, that's how a lot of people look at it, that's why it's called a "stigma".

It's basically saying "The system is forcefully removing money from your account because you cannot be trusted to write the check every month".

It can also complicate matters when changes are necessary down the line and mistakes can be made the result in too much money taken from your account.
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Re: When to go to court for support reduction In CA?

Unread postby RC611V » Thu Feb 08, 2018 3:02 pm

Only if you're not on top of things. Just like a bank can charge you an overdraft fee and it feels like stealing money. But if you never go under they can't do it.

Or like, I own my car. But a cop can pull me over and tow it away if he wants. So do I really 'own' it?

Sometimes it works out. I've had a surplus with the agency. Since my support dropped I've been getting a check mailed to me every pay period. It is my money just coming back to me, but it still feels 'extra'.

Some people give the IRS part of their paycheck every month, just to ask for it back every year in a tax 'return'. I'd rather keep my money instead of having the government hold onto it for me.

There's no stigma in letting the federal government hold part of your money, interest free, only to return it to you in a lump sum after a year. But that's kinda dumb, isn't it?

Just perception.

Most rules are made because of someone who messed up and wrecked it for everybody else. But just because we are all subject to the 'least common denominator' rules, it doesn't mean we're all the least common denominator.

Be better!
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