Laches as a Defense to Paying Child Support Owed to the Other Parent

Рет қаралды 968

Lassen County Department of Child Support Services

Жыл бұрын

This video discusses laches as a defense to paying child support owed to the other parent.
Jessica Ryan Keeney is licensed to practice law in the State of California. She is the Department of Child Support Services (aka DCSS) attorney for Lassen County and Plumas County (two small, rural California counties). She has practiced family law since December of 2009, when she was sworn in as an attorney in California. Before that, she worked as a law student for a family law attorney starting at the end of her second year of law school until she graduated from law school (a four-year law school program). She was a City Attorney for a small rural city in California for just shy of 5 years.
This video is not legal advice. This video is for educational purposes only. Neither Jessica Ryan Keeney nor Lassen County Department of Child Support Services, nor Plumas County Department of Child Support Services, nor anyone else can guarantee or be responsible for the outcome of your case.
Although the following links may not be mentioned in this video, they link to information that is often helpful in IV-D child support and family law matters.
California Family Code section 219(d): leginfo.legislature.ca.gov/fa...
Case Law: In re Marriage of Boswell, 225 Cal.App.4th 1172 (Cal. Ct. App. 2014)
Parker v. Parker (In re Albert), 14 Cal.App.5th 681 (Cal. Ct. App. 2017)
City of Oakland v. Oakland Police and Fire Retirement System (2014) 224 Cal.App.4th 210, 248, 169 Cal.Rptr.3d 51
Corona Properties of Florida, Inc. v. Monroe County (Fla. App. 1986) 485 So.2d 1314, 1318
In re Marriage of Calcaterra & Badakhsh (2005) 132 Cal.App.4th 28, 38, 33 Cal.Rptr.3d 246
In re Marriage of Egedi (2001) 88 Cal.App.4th 17, 22-23, 105 Cal.Rptr.2d 518
Magic Kitchen LLC v. Good Things Intern. Ltd. (2007) 153 Cal.App.4th 1144, 1157, 63 Cal.Rptr.3d 713
Keith G. v. Suzanne H . (1998) 62 Cal.App.4th 853, 862, 72 Cal.Rptr.2d 525
Padgett v. Padgett (1962) 199 Cal.App.2d 652, 656, 18 Cal.Rptr. 789
In re Marriage of Trainotti, 212 Cal.App.3d 1072 (Cal. Ct. App. 1989)
LaPrade v. Rosinsky (D.C. 2005) 882 A.2d 192, 198
Highland Springs Conference and Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 282, 199 Cal.Rptr.3d 226
Copies of California Judicial Council forms can be found at www.courts.ca.gov/formname.htm.
Date Time Calculator is available at www.timeanddate.com/date/date...
CSDA Attorney Sourcebook, AKA DCSS Sourcebook, AKA Child Support Bible can be purchased at: csdaca.org/product-category/p...
California Statutes Including the Family Code: leginfo.legislature.ca.gov/fa...
California Child Support Services: childsupport.ca.gov
Lassen County Department of Child Support Services: lassencounty.org/dept/departme...
For more resources visit Jessica Ryan Keeney’s web page at: jessicaryankeeneylaw.myfreesi...

Пікірлер: 13

@cinthiabartlett215 2 ай бұрын

Thank you the term is unclean hands? The agency/case worker/collections failed if I heard you correctly I will listen to it again. At least there is hope for this injustice. I stand by my opinion on this system it criminalizes a parent and cheats the children out of the funds they take.

@mauricesimpson3155 10 ай бұрын

Would it be reasonable for someone after 20years after child turns 18. If mother stopped payments on her own at age 16 to collect child support and interest. Seems like court might be hesitant to order based on time in asserting, unreasonable delay. And prejudice.

@angelavalencia5632 Жыл бұрын

What if while being the custodial parent and fighting a default judgment the NCP opened another welfare case in a separate county . Fathers motion was granted and case was disposed . But even after sending this proof to the other county they kept charging father with a money contract. They lose his paper work and send documents to a different address and consolidated the 04 support that was opened while father was custodial parent with with the 06 divorce judgment transferred to Sacramento. They change his worker every time we file something.6 different workers from 12/21 to 8/22 .

@lassencountydepartmentofch8498 Жыл бұрын

It's unclear what the question is. Not sure what you mean by a money contract. Sounds like there is a lot going on in this case.

@angelavalencia5632 Жыл бұрын

@@lassencountydepartmentofch8498 the the order he has it says it is a money contract between the support agency and the mother. The mother was collecting welfare in 2 counties while father was Custodial parent . The case was closed and disposed. Sac county claimed to reopen it and transfered the case. But there are no documents in the court file . Only the divorce and they were never heard together until dcss and her lawyer consolidated the Cs with Fl. And how that happened is another situation but now children are adults and Dcss said we can't modify the case .!

@lassencountydepartmentofch8498 Жыл бұрын

@@angelavalencia5632, Unfortunately, the affected party may need to hire an attorney to sort this out. It sounds like Mother may have been receiving public assistance for the children and so DCSS had to establish a child support order. At some point, there was more than one related case open so those cases got consolidated. Cases in which the custodial parent receives aid usually get transferred when the custodial parent receives aid in another county or stops receiving aid in one county and moves with the children to another county. Child support orders cannot be modified retroactively. So, if Father had custody of the children for example from the time they were 10 until they turned 18 and graduated from high school but Mother received aid for the children for part of this time and the entire time there was a court order that Father pay child support for the children in his custody, he owes that child support and that child support order cannot be modified. That being said, for any support he did not pay during the time the children lived with him full time, he can be given Jackson Credits. This basically means that the Court finds that he paid his child support by having the children live with him. Between my private office, Lassen DCSS, and our sister county, I've seen a number of cases loosely follow this fact pattern and I've seen the parent in Father's position win. This does not mean every person in Father's position wins. This can be a very frustrating case to try and a bit technical. It's easy to shoot yourself in the foot and lose just by getting frustrated, not communicating clearly, not getting all your evidence together, and/or not presenting your evidence clearly. This is a long way to say that there are things that can be done and Father in this case should go hire an attorney to help him out.

@angelavalencia5632 Жыл бұрын

@@lassencountydepartmentofch8498 She did not have the kids both times she collected welfare in both counties . He gave the dcss proof in the beginning. They consolidated the g Family law with the child support . They were never heard together. Lawyers don't want to deal with it and have actually helped hide the issue every time he files something .

@lassencountydepartmentofch8498 Жыл бұрын

@@angelavalencia5632 we are sorry this happened. Father may need to speak to a different attorney to get this sorted out.