Q: If a court ordered cs for 559 including daycare and the child no longer is in daycare, can i pay the amt less daycare

A: Unfortunately, the court order still says what it says and CSS will enforce it until you change it. You can voluntarily agree and submit it to the judge or to the CSS if you both go in person and sign a stipulation, but without that agreement in writing or in person, you need to file a request for modification ASAP. The request can be backdated but only to the date of filing. It cannot go back beyond that. So if you filed it Monday, 10/1 for example, and the hearing was say November 15, it would date back only to Monday, 10/1 and you would still be liable for the larger amount unless you can get the judge to see that the day care had stopped before and it was included. In that case you may get a credit, but it depends on the court and the judge. That's the law and that's what CSS will enforce until you get something from a judge or convince your ex to tell the truth and appear at CSS with you to sign a stipulation.

Good luck. You don't need an attorney, but if you want to convince the judge, it would be a good idea. People have a hard time representing themselves and judges usually don't take someone serious who is not represented, especially if the other party has an attorney, they will usually win. She can always deny it. So if you want to do it right, there's a form for discovery FORM INTERROGATORIES, FAMILY LAW, to serve on her, and add a few questions like "Please provide the name and address of the day care" or if you know that, "Please state each amount paid to the day care for the last 12 months and provide receipts." Something like that. If she does not respond, that can also work to your benefit by showing the judge the questions you served on her. But she has 35 days to respond and you will probably get a hearing within about 45 days, so don't wait. The biggest reason people lose in court is they are not prepared. If you are going to do it yourself, then do it right and make sure you serve her. Form Interrogatories can be found at website http://www.courts.ca.gov/forms.htm. Choose FAMILY LAW for the category form FL145. You can fill out online and check the boxes and print, #2, agreements, #15, reimbursements, #19, children's needs. You really need to add a few like I said. Those would technically be called SPECIAL INTERROGATORIES, but you can just add a typed page. Don't forget to include a signed PROOF OF SERVICE of what was sent, when it was sent, to who it was sent, and have it signed by someone other than yourself. That's FL-335, PROOF OF SERVICE BY MAIL. Then they have 35 days to respond. If you know who the babysitter or day care is, try to get copies of any money paid or have them write up a statement that nothing was paid since such and such a date, even though you've been paying for day care.

Of course I must warn you. both of you will have to do a new INCOME AND EXPENSE DECLARATION FL150 and attach current paystubs and bring your last 2 years of tax returns to court. I would warn a client the same way, there is always risk when you go back to court, that the child support will be raised anyway for a variety of factors, like one of you got a raise, one of you got laid off, the tax laws changed, who knows. There is a risk. Don't be surprised. I have seen many people go back to court to try to lower, and it gets raised. So it's best to talk to someone who understands the system like an attorney. Most attorneys will talk to you the first time for free for at least half an hour. GL!