Child support violations
 
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In California what can happen if you are served with papers for contempt charges of not paying child support.

By Anonymous Asked Feb 28 2009 8:02AM
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by artnastics on May 20, 2009 at 5:23 am Permalink

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I'd get a lawyer if I were served with contempt charges!
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by George R. McCasland on Jun 24, 2009 at 9:42 am Permalink

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What has already been happening is the amount has been collection 10% COMPOUNDED interest penalties. And, there's no statute of limitations for collection, no matter how old you are, so not retirement until it's paid.

Though California is letting many criminals out due to not having the money to house them, states are obligated under federal law to jail those with more than $5000 in arrears, even if it means releasing a mugger.

If you're behind due to a layoff, you need to file for a reduction, though it will not affect what you already have owing.

First, you need to know that the child support guidelines are not set in stone. They are just guidelines. You can make a case for not paying so much.

1988 Public Law Record
SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.
(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)
of the Social Security Act is amended-
(1) by inserting (1) after (b):
(2) by striking, "but need not be binding upon such judges or other officials;" and
(3) by adding at the end the following new paragraph:
(4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case."


You need to file a motion to modify your child support. If you are current in your support, you can do this by making an official request for a modification at the child support enforcement office under the provisions of Public Law 12.

If there are arrears, contact the Clerk of the Court and request forms for filing for a modification, Pro Se.

You will need to get a copy of the child support guidelines and worksheet from child support enforcement to determine if you have cause for a reduction. There needs to be at least a 20% difference in his payment.

NEVER pay your child support directly to the mother as it can be considered a gift and not support. Always pay threw the court.

If you want to learn how to do all this go to Dads House in Yahoo Groups. When you join, you’ll receive a link to an educational manual that will teach you what you need to know. Take the time to learn what you can and should do.

http://health.groups.yahoo.com/group/DadsHouse/
http://vids.myspace.com/index.cfm
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In California what can happen if you are served with papers for contempt charges of not paying child support.

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