I believe u can serve your evidence later. No later than 5 court days. I didn’t file mine 😢 will judge accept them in court? I have court in 2 days

Is this true or false?

Generally, if someone is on medical leave, income will not be imputed to them. However, they generally need to provide proof of their medical leave. If they get disability while on medical leave, generally the amount of disability the parent gets will be used as their income in the calculation. Don't count on anything in the court process happening automatically though. Always count on needing to make arguments and requests that are appropriate for your case.

We plan to. 😊

Pay for your child. Then there’s no interest

unlawful debts are null and void.

Thank you. We are about to upload Part 2 of this series. The full, unedited recording for this entire series ended up being over 4 hours long. So, there will be many parts to it.

Each county has a Family Law Facilitator. They help people with family law matters, for free. Contact the Family Law Facilitator in your county for help.

Excellent!!!! I’m trying to do the same, father ( noncustodial) is unemployed ( doing catering business from home with new partner) he is trying to lower child support and it’s not paying spousal support, we were married for 17 years, doesn’t want to have any communication with daughters ( one 23 years old and 10 year old) he is always lying abut making so little or nothing at all, I really need him to get his responsibility done!

Hi! Were you able to get it ????

Hello! Were you able to get it?

You are exactly correct! The non custodial parent also is doing everything possible to lessen child support and is avoiding spousal support, has his own catering business with his new girlfriend and hides everything under her name, court needs proof, but I will prove it it’s just a matter of time! He doesn’t even bother to reach out to his daughters, he has completely vanished but he is on the dot to go to court to lower support!!

Are u on any type of aid?

I’m speaking not as Lassen DCSS right now but as a private individual, I can’t tell you how many problems I’ve had with the mail. I’ve got quite a list. Fortunately, the Courts are pretty good about granting relief when a person files a motion alleging they never got the documents that were served on them. Or, when the person finds out they were served by mail but didn’t get the documents before the hearing happens, the Courts are pretty good about allowing extra time to respond when the person comes to court and tells the Court what happened. Generally, service by mail is only allowed after the defendant is first personally served at the beginning of the case. So, at that point the person knows about the legal matter. Also, generally, after judgement is entered and a new motion is filed, the person who didn’t file the motion must either personally serve the other parties with his/her motion after judgement or must certify that they verified the address of the other parties, that being the address that the other parties were served at. So, the legislature and the court figure there are safeguards in place to allow for service by mail.

Lying to DCSS isn't necessarily a crime. However, lying under oath is called perjury and it that is a crime. A person lies under oath when they knowingly misstate something in a document signed under penalty of perjury. Arguably, if someone fails to properly disclose something they are asked to disclose under penalty of perjury (such as failing to reveal the value of assets on an Income and Expense Declaration), this is also perjury. A person also lies under oath when they are in court, sworn, and knowingly make a misstatement. Unfortunately, individuals can't petition for criminal charges. The District Attorney (in the county in which the perjury was committed) is responsible for filing criminal charges. (Sometimes the Attorney General files criminal charges but those tend to be special situations.) Generally, cases get referred to the District Attorney when a person makes a police report/law enforcement report, and law enforcement forwards the report to the District Attorney, or when a person commits a criminal act in front of law enforcement, law enforcement writes the person a citation, and law enforcement forwards the citation to the District Attorney. I have never seen a person prosecuted for perjury in a family law case. (This isn't to say that it doesn't happen, just that I've never seen it. My impression is that it's rare.) If a person commits perjury, a party to the case can ask the Court to sanction the party who committed perjury. Of course, you have to be able to prove the party committed perjury though. Unless a parent has assets that decrease their cost of living (making more income available for child support) or has assets that produce income (or should produce income), assets aren't usually a big deal in child support cases. There are cases that discuss when and how assets are important to a child support case. One example is found in County of Kern v. Castle (1999) 75 Cal.App.4th 1442.

Who pays for a vocational evaluation depends on the case. Often the party asking for the vocational evaluation is ordered to pay for it. But, the Court could order both parties to split the cost. The Court may order one party to front the cost of the vocational evaluation but later in the case could order the other party to reimburse some or all of the cost of the vocational evaluation. Often when I see vocational evaluations done, one party has a decent job and the other party either has no income or very little income. It's hard to make a party with no income or very little income pay for a vocational evaluation. Another problem with ordering the party being evaluated to pay for the evaluation is that the party could avoid the evaluation by not paying for it. Sure, there could be sanctions but if one wants the move the case along and get the vocational evaluation done, it works best if the party asking for the evaluation is ready to front the cost of the evaluation. When budgeting for a vocational evaluation, remember that the cost of the evaluation and the report that comes from the evaluation isn't necessarily the end of the expense. The vocational evaluator's report is hearsay. As hearsay, it's inadmissible if the other party objects to having it admitted into evidence. To get the information from the vocational evaluation into evidence (without having a hearsay problem), the vocational evaluator must be subpoenaed to testify at trial/an evidentiary hearing, and that costs even more money.

There are specific laws (including deadlines) for doing interrogatories. One always wants to make sure that they follow the law when it comes to doing interrogatories (and any other discovery). Interrogatories may not be the best way to get the information one is looking for when a party fails to do their Income and Expense Declaration. When a party is already required to complete an Income and Expense Declaration, and they fail to complete it, I often have little hope that they will comply with discovery demands such as interrogatories. Speaking from a private practice perspective here (not from a DCSS perspective), when a party fails to give me what they were required to (or what I demanded), I like going straight to the source to get my information. If I need information about a party who is employed by someone else (and isn't self-employed), I like going to the employer and subpoenaing payroll records (possibly the entire employment record if it's relevant). For a self-employed party, I like to subpoena bank records. Depending on the situation, I've been known to subpoena bank records and employment records (including payroll records). I've also been known to have a private investigator do an asset search on the other party before I decide what to subpoena. Having said all this, sometimes there is a good reason to do interrogatories or use other discovery tools (even when the other party may not complete them). If DCSS is a party to one's case, one might think DCSS will propound discovery. DCSS has a few handy ways of getting necessary information about parties. However, if one wants/needs to discover certain information in their case, it may best to conduct one's own discovery and not depend on DCSS' handy methods of getting information. At the point that one needs to propound (do) discovery, it's best to seek the advice of an attorney who can help develop a discovery strategy and make sure discovery is done according to the law because penalties can be painful if discovery isn't done properly.

DCSS doesn't impute income to anyone. The Court imputes income. DCSS has policies and procedures that influence/dictate the documents they file and the things they ask for. Just because DCSS may not ask that income be imputed to a party doesn't mean the other parent in the case can't ask the Court to impute income though. It's important to fill out all the proper documents to get the Court to consider your requests and arguments.

Happy to know, submitted an attached declaration asking judge to impute income, ask other parents to seek wk and lastly, if she lives off of her husbands income consider his income as extraordinary circumstance. Will see 🙏🏻🤞

This would be a good topic for a video. I'll save the in depth analysis for the video and will answer generally here. As always, this isn't legal advise. In re Marriage of Alter, 171 Cal.App.4th 718 the Court held, "where a party receives recurring gifts of money, the trial court has discretion to consider that money as income for purposes of the statewide uniform child support guidelines." So, if living rent free is a recurring gift, then the value of the rent could be considered income to that party. Family Code section 4058 defines income broadly. Family Code section 4058(a)(3) basically says that a reduction in living expenses from employment benefits or self-employment benefits can be considered income. In re Marriage of Alter and other cases that followed the Court held that reductions in living expenses (other than from employment or self-employment benefits) may also be considered income. In re Marriage of Alter is a very helpful case. I highly recommend reading it. If a parent receives cash aid with a work or job training component to it (such as CalWORKs) then income cannot be imputed to that party. (Some say there is a split of opinions on this--one of our videos about imputing income discusses why I don't think there is a split of opinions.) It's important to know what type of aid the other party is receiving and what the requirements (if any) and details of the aid are. Considering the value of the rent that the party isn't paying to be income isn't imputing income though. Family Code section 4058(a)(3) and case law (together) say that the Court has the discretion to consider it income. I've seen people argue time and time again that the other party is committing welfare fraud, so income should be imputed to that party. Time and time again, I see the Court decline to impute when the other party is receiving CalWORKs.

That was incredibly helpful. Thank you for your videos.

More information is needed. Why did the parent mandatorily retire? Did the parent have to retire because of a medical disability? What are the details of the disability? What (if any) are the restrictions/requirements for receiving the retirement? Imputing income (unless the law or case law says otherwise such as the case for receiving CalWORKs) is always a matter of proving the other parent has the ability and opportunity to earn the income being imputed.

Basically, parties need to pay off their arrears in order to get their passports released.

@@lassencountydepartmentofch8498 pay off what to you criminals why would you get on here and advocate for a crime family that’s clearly extortion regular working Americans and then you get on here with a straight face like you’re giving out good information all agents of evil need to just go to hell and burn in your own fetus .. You guys are the government and principalities that the Bible talked ,about in the Bible we’re not battling flesh we’re battling you creeps why should a father has to pay child support when he’s already taken care of his child only because he got a divorce this is a slavery system advocating for the system you’re making your family look bad How about they have no jurisdiction to do anything that they’re doing and everyone should be sued. There’s no such thing as child support just a collecting agency extorting and you are advocating for them. Child support a.k.a. the title 4Dthe agency the greatest scam in American history. well then hell maybe the feds are violated in the constitution also, let’s talk about it they’re not above the constitution

The address of the person completing the service must be put in section 2 of the Proof of Service by Mail. If the person completing the service has the same address as you, then the address in section 2 may be the same as your address. I see no reason why your address can't be used as the return address on the envelope. Certainly, you would want to know as soon as possible if the documents were returned so you could fix any service problems. Sometimes the Court wants to know if the documents were returned in the mail. If a disinterested non-party has to serve the documents, an argument could be made that the disinterested non-party's answer about whether the documents were returned or not would be more reliable than your answer. If there are any questions about your reliability (either by the Court or brought up by the other party), you may want the address of the person who completed the service to appear on the return address section of the envelope. You would then need that person to let you know if the documents were returned or not. Ultimately, this is a strategic decision that each party and their attorney must make for themselves and I cannot advise you which decision to make about the return address.

@@lassencountydepartmentofch8498 thank you so much for detailed response, I truly appreciate it

If you have relevant exhibits, then those can be attached to the motion. If the exhibit is a court order or document in the same case that the motion is being filed, I would not add that as an exhibit (unless for some reason the Court wanted it) because that document is already in the court file. Instead, I would refer to that order or document by the name of the document and the date it was filed. If you have no exhibits to attach to this motion, the Court will not hold that against you.