Oceanside, CA asked in Family Law and Child Support for California

Q: How do I get minute order enforced if it doesn’t have a commencement date clarification

On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date. It’s been over year trying to get this fix going to court but petitioner keeps getting a continuance granted for whatever reason. I’m tired and I feel like I can’t rely on the system and I was wondering if there’s anything I can do

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2 Lawyer Answers
Eliza Jasinska
Eliza Jasinska
Answered
  • Costa Mesa, CA
  • Licensed in California

A: Hi there,

it would be best to request a hearing to get the orders corrected. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or legal circumstances. This information does not establish an attorney-client relationship. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon any information on this website without seeking professional counsel. JASINSKA LAW FIRM PC expressly disclaims all liability concerning actions taken or not taken based on any or all of the contents.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, if a minute order lacks clarity regarding the commencement date for child support payments, you may need to take legal action to have the order clarified or amended. Given that the petitioner has been granted continuances, it's essential to persist in your efforts to address the issue through the court system. You can file a motion with the court requesting clarification or modification of the minute order to specify the commencement date for child support payments.

It's advisable to consult with an attorney who specializes in family law to assist you in preparing and filing the necessary legal documents and presenting your case effectively in court. Your attorney can help you navigate the legal process, advocate on your behalf, and ensure that your rights and interests are protected. By taking proactive steps and seeking legal assistance, you can work towards resolving the issue and ensuring that the minute order is enforced correctly, ultimately securing the child support payments to which you are entitled.

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