jeudi 28 janvier 2016

Termination of Support: Child Support Reimbursement to Ncp

My question involves a child custody case from the State of: CA

Dad and I have a stipulation in the process of being re-filed with the courts. The stipulation was signed in mid/late September by dad, his counsel, and my counsel but I did not sign the stipulation until yesterday b/c counsel (unsure who - if it was his counsel’s office or my counsel’s office) submitted the stipulation to courts without retaining my signature. I inquired about the status of the stipulation continuously (called and emailed my counsel’s office continuously) but I didn’t get much of status report until a week ago. The stipulation that is being re-filed states that “Child Support shall be set at $0 (pursuant to family code 4065 etc.), arrears will be set at $0, and that petitioner/mother shall have sole physical and sole legal custody of minor child. Any visitation to father shall be at the discretion of the mother with the child’s best interests in mind.”

My counsel’s office warned me via email yesterday (when I finally received the stipulation for me to sign and submit) that opposing counsel is requesting that I reimburse my son’s father for Child Support paid to me via garnished wages through DCSS, from Oct 2015 up until now. Presently his wages are still being garnished. I told my attorney’s office that I am not reimbursing dad for Child Support already paid.
Dad ended visitation with our son on his own accord before signing the stipulation in June. We have zero contact. He only had visitation with our son for maybe 6 months.

Dad owes me child care costs that add up to 3K, which I invoiced him following the court guidelines prior to October. At this point I am not asking for any reimbursement. I did tell my attorney’s office that if opposing counsel is going to insist that I reimburse dad for child support already paid that I was going to request that he reimburse child care that he still owes.

Will the courts enforce that I reimburse dad child support paid even though the stipulation was not signed by me until yesterday, and the judge and child support services has yet to see/sign stipulation?


Termination of Support: Child Support Reimbursement to Ncp

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