Q: CP filed a negated stip for child support (he had a signed original) acting as NCP/moving party. NCP not served.
NCP & CP agreed to stipulate for increased child support. NCP prepared the stip, but before the stip was filed, NCP was laid off. NCP informed CP NCP wouldn't file the stipulation until gainfully employed. NCP became the primary caregiver for a terminally ill mother. One year later, NCP missed three months of child support payments. CP filed the stipulation fraudulently, leading to a child support arrears case and collections by DCSS. All arrears are unassigned. CP never sought government benefits. NCP was unaware of the filed stipulation. NCP was never served a Proof of Service (who would it be mailed to)? No POS was filed w/ the court. NCP is beyond the date allowed to set aside the judgment. NCP seeks advice on available legal remedies. Would LOAIZA V. JACKSON Cal Ct Appeal 2nd Dist be relevant? Thank you! San Bernardino Family Court - CA
A:
It is possible for the non-custodial parent (NCP) to promptly file a motion to set aside the judgment based on lack of proper notice and the custodial parent's (CP) fraudulent filing. Additionally, the NCP's changed circumstances of unemployment and caregiving responsibilities should be presented in the motion. Engaging in legal arguments and negotiations may be necessary to address the child support arrears case and collections by DCSS. Seeking legal representation is strongly recommended to navigate these complex family law matters effectively.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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