Custodial Parents (CP) and Non-Custodial Parents (NCP)
A message to ALLl custodial parents I invite you to comment on this post if it sounds familar to you. A clear example of the life of a struggling CP trying to get Enforcement. (Actual Letter - Names have been removed) My email address DCSS_AG_CA@YAHOO.COM I KNOW this is a NATIONAL problem and not just a problem in CA.
**PRESIDENT OBAMA IF YOU OR YOUR STAFF ARE READING THIS PLEASE TAKE NOTE WE ARE WAITING FOR YOUR - Responsible Fatherhood and Healthy Families Act - ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Since my letter dated March 3, 2008, and several email conversations later with the county not one thing has been done to resolve this complaint. I am still seeking answers to each and every of following questions:
1) The county has continuously allowed the Non Custodial Parent (NCP) to slide on providing the required legal documentation for an Income and Expense Declaration. Example (more than one of)-paycheck stubs, bank account statements, tax forms & bills? Local Child Support Office (LCSA) must obtain these documents according to the law and so stated on the Income and Expense form FL150. What is the code and reasoning for not doing this?
2) Why does the county allow any modifications to proceed without obtaining six months or more of actual paycheck stubs, bank account statements, tax documents, revolving credit bills from the NCP? Because the county has not acquired this information the entire case since 2004, is based on hearsay evidence and proper discovery has not been completed.
3) Why has the NCP been allowed to be on probation for contempt for not paying child support and continue to state he is not working -- when a seek work order is a required action of the NCP on the court order?
4) Why has a wage assignment not been enforced?
5) There appears to be a consistent pattern for the last 5 years for the NCP to find a job three weeks before a court date (family or child support). A wage assignment will take place at that time. Then after two or three paychecks of garnishments court would occur and after the child support is lowered that same week he no longer works at that job. No wage assignments will happen again until a new court hearing. Why has this not been pointed out to the courts? Willful avoidance to pay child support by job hopping is against the law. Why has the county not filed a probation violation?
6) Why has the county not enforced the requirement that the NCP must notify the county within 72 hours if his employment changes? This is on a court order.
7) Why has the county not completed an asset search, including a bank account search for garnishment of child support arrears?
8) When was the driver's license revocation submitted by the DCCS? He is clearly in violation of the law and obviously one month over not paying yet he still has a license?
9) Why has the county not filed a probation violation on the NCP? It is long overdue and has been requested by the CP with no response.
10) The NCP has seven counts of contempt in the year 2008 alone that could be filed to enforce this case and nothing has been done to do this. Why?
11) The court order states “If during probation any of the terms and conditions of probation are violated, cite may be arrested and brought before the Court for further proceedings and additional sanctions with possible jail sentence.” Why has this not been enforced in over a year’s time? Very few payments have come in since the NCP has been on probation. The NCP states he is not working when he does (with excessive income), and does not comply to any part of the order or with the probation order. The NCP needs to be brought in on these non-compliance actions.
All of the questions above are basic and simple enforcement questions. All of these are required by the county to do. I would like to know why they have not been in compliance with this case and what actions they are planning on taking to be in compliance.
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State Hearing Request
John Doe is the non custodial parent (NCP) for our daughter Jane. He had filed a fraudulent modification on 2008 to lower child support and between March 08 through August 08, child support was significantly lowered during that timeframe.
The county shortly thereafter investigated a tip that came in that the NCP was working when he said he was not and that his income was significantly more than what he stated. The county was able to collect sufficient evidence to show multiple counts of fraud and perjury. I had suspected for some time the fraudulent activity was going on, but was unable to prove it myself. My suspicions were strong enough over the years to pursue it through filing a State Hearing in 2006, requesting the county to do more to investigate the possibility of fraudulent income activity. I was unsuccessful in this request and over a period of a couple of years suffered further from multiple modification requests from the NCP on a quest to continue to lower child support he was successful by using the method of perjury .
After learning of the evidence collected by the county I requested them to file a “Motion to Vacate”, going back to the state --statute of limitations two years –thus allowing the courts to be notified of fraudulent activity and perjury thus enables them to take appropriate legal action. I further asked the county to --request a finding on fraud and perjury –and most importantly to please forward this case to the California DA office for them to look into criminal fraud and perjury charges.
Based on the above activity and requests to the county in writing and in person-- I again was told they would do nothing and did so without explanation. I have made a request to act on laws broken and enforce this case and have received a response that they will simply not do it. I am requesting the staute and reasoning for this denial of my request. What they did do was file a simple modification to change the child support to what it should be and the motion was taken off calendar and nothing has happened since. While a modification is definitely something that needs to be done it needs to be “part of” the final outcome from a Motion to Vacate.
I would like to know why a Motion to Vacate cannot be filed going back two years. I would like to know why a request to the court for a finding of Fraud and Perjury cannot be done. Clearly the law has been broken multiple times by the NCP the county is aware –with evidence in hand --and the NCP continues to get away with this activity and he knows he can. This is completely unacceptable for the NCP to be able to do these things and unacceptable for the county to ignore this and sweep it under the carpet. The only entity that is legally responsible set forth by the laws of this country and state to enforce collection of this child support case is the county. If DCSS is not willing to follow the law who will?