CA Support

[lokeen]

Well they aren't going to spoon feed your husband information about how he can resolve the problem without some basis in fact or him asking. So he will want to order a copy of the entire closed file, it may be ready except for someone actually sending it to the judge to sign, you won't know if it qualifies for a nunc pro tunc without a copy of the file. That would be the quickest was to resolve the problem without having to file for divorce in your state and annuling your marriage and remarrying once he is free to marry, the nunc pro tunc is the same as it would have been if what ever error did not occur. It may be worth contacting an attorney in Butte Co and they may at the same time readdress the custody and visitation issue.

At least you have your stepdaughter out there with you and she is ok. You may be able to get an extention if the doctor feels that she should not travel until after she has the baby, at which time she may have been there almost long enough to establish residency. Obviously there is an issue with parental neglect with a 14 yo not in school and pregnant and it is possible a judge may listen to her. If the subject of adoption comes up, even though she is responsible for her child and to sign for her own medical treatment it may still require the custodial parent's signature for adoption since she is still a minor and also to petition to establish paternity. Is she in that school program for pregnant teen mothers?

How long must she be here to establish residency? She is not in the original program that we planned for schooling. She was not able to test in at the high school level, so she is taking some math remediation classes two nights a week and she is scheduled to restest next week (after the holiday) to see if she can qualify. If she does this time around, the next group of classes start the 2nd week of July. She has done well with her remediation classes though, so we are anticipating her being able to qualify this time around.

Hubby is planning on trying to get a Butte Co. attorney. Hopefully the case will warrant a nunc pro tunc.

Thanks for the help, rmet!

 

[rmet4nzkx]

How long must she be here to establish residency? She is not in the original program that we planned for schooling. She was not able to test in at the high school level, so she is taking some math remediation classes two nights a week and she is scheduled to restest next week (after the holiday) to see if she can qualify. If she does this time around, the next group of classes start the 2nd week of July. She has done well with her remediation classes though, so we are anticipating her being able to qualify this time around.

Hubby is planning on trying to get a Butte Co. attorney. Hopefully the case will warrant a nunc pro tunc.

Thanks for the help, rmet!

Thank You, As you saw if you read the other thread re nunc pro tunc, I was able to assist in that person getting her divorce nunc pro tunc after 20 years so it is possible it will depend on what is in the file and what was done. The usual waiting time to establish residency under UCCJEA is 6 months, however there could be reasons under CA Family code to change custody on other basis such as neglect (lack of haveing the child in school) etc. that would also effect child support. You do understand that once child support is affected mom will protest profusely! A Butte Co atty will be more atuned to the local rules of the court and attitude of the courts and what is possible. The number one priority is to try to get an emergency change in custody. Daughter may not agree if she has strong attachments to the community or is "IN LOVE" with the putative father, that may change after labor. Trying to get the nunc pro tunc will otherwise simplifly your lives considerably. Keep us posted.

As to the achooling issues, sorry to hear she didn't initially qualify for the program but hopefully she will the next time around, if not, consider homeschooling, the school district should provide something to help her catch up.

 

[lokeen]

Thank You, As you saw if you read the other thread re nunc pro tunc, I was able to assist in that person getting her divorce nunc pro tunc after 20 years so it is possible it will depend on what is in the file and what was done. The usual waiting time to establish residency under UCCJEA is 6 months, however there could be reasons under CA Family code to change custody on other basis such as neglect (lack of haveing the child in school) etc. that would also effect child support. You do understand that once child support is affected mom will protest profusely! A Butte Co atty will be more atuned to the local rules of the court and attitude of the courts and what is possible. The number one priority is to try to get an emergency change in custody. Daughter may not agree if she has strong attachments to the community or is "IN LOVE" with the putative father, that may change after labor. Trying to get the nunc pro tunc will otherwise simplifly your lives considerably. Keep us posted.

As to the schooling issues, sorry to hear she didn't initially qualify for the program but hopefully she will the next time around, if not, consider homeschooling, the school district should provide something to help her catch up.

Actually, after reading your post yesterday he called and ordered the entire case file. I Next Day Air'd them the $$ and return envelope, so hopefully we will have everything in front of us by Wednesday and have a better understanding of exactly what he's facing. He's calling around today to get an attorney. That's difficult, though because how do you know whose good and whose not?

Anyway...my primary concern remains with the children and just making sure that they all do well. With the addtion of his older children, we now have 7 living in the house and that's a full-time job in itself.

SD is due in October. If she stays for the duration of her pregnancy and is able to get in this schooling program and stick with it, I think that increases her chances of laying some sort of roots in our area. She's already made a couple of friends in her remediation program and gets along with both of my daughters splendidly (another blessing). Her 17 yo boyfriend calls less and less and I think she's starting to see that isn't a long term relationship for either of them. Homeschooling intimidates me. I'm an HR Manager, not a teacher, but we will certainly look into it as a last resort. Thanks for the suggestion...

SS (who is 16) has been working full time since arriving earlier this month and he's doing very well too. His mom called me last week and requested that he not work anymore because if he continues to do so, then she will lose her social security benefits that she receives for him. That threw us...hubby didn't know why or how long she had been collecting social security benefits for him. So amongst everything else, we are now trying to research that as well. This latest discovery with the divorce not being final, just seems to be another can of worms in a long line.

I'll keep you posted. Thanks again!

 

[rmet4nzkx]

Actually, after reading your post yesterday he called and ordered the entire case file. I Next Day Air'd them the $$ and return envelope, so hopefully we will have everything in front of us by Wednesday and have a better understanding of exactly what he's facing. He's calling around today to get an attorney. That's difficult, though because how do you know whose good and whose not?

Anyway...my primary concern remains with the children and just making sure that they all do well. With the addtion of his older children, we now have 7 living in the house and that's a full-time job in itself.

SD is due in October. If she stays for the duration of her pregnancy and is able to get in this schooling program and stick with it, I think that increases her chances of laying some sort of roots in our area. She's already made a couple of friends in her remediation program and gets along with both of my daughters splendidly (another blessing). Her 17 yo boyfriend calls less and less and I think she's starting to see that isn't a long term relationship for either of them. Homeschooling intimidates me. I'm an HR Manager, not a teacher, but we will certainly look into it as a last resort. Thanks for the suggestion...

SS (who is 16) has been working full time since arriving earlier this month and he's doing very well too. His mom called me last week and requested that he not work anymore because if he continues to do so, then she will lose her social security benefits that she receives for him. That threw us...hubby didn't know why or how long she had been collecting social security benefits for him. So amongst everything else, we are now trying to research that as well. This latest discovery with the divorce not being final, just seems to be another can of worms in a long line.

I'll keep you posted. Thanks again!

Home schooling would be a last resort although I should think your skills as a HR manager are still being used
I didn't realize there was a 16 yo SS or perhaps we concentrated on the daughter, that raises some other issues. When your husband is filing for custody that would be for both children? Is the 16 yo in school?
If mom is pulling SSDI then her dependents receive benefits, if and or when there is a custody change then that benefit would go to the custodial parent who would then become the child's rep payee. Under CA law and Child support guidelines mom would be imputed either a FT minimum wage income or her base benefit amount for her share of the child support which could have been affecting your husband's child support payments for his share. SO if and or when there is a custody change mom's dependent benefit wil cover her payment to your husband until the children reach majority under CA law since the CA court has jurisdiction. As I said you can expect her to contest a custody move, especially one that costs her money in any way shape of form and she may receive help from DCSS. If SS goes home and SD stays providing 50/50 custody your husband may still owe her some child support for the son while his obligaiton for the daughter would be discontinued, however if SD keeps the baby then lkely a hardship might be claimed, again somehting for which an attorney will be very valuable although DCSS may hold a hearing in which your husbans may appear telephonically. So there are options.

Good to hear you have ordered his file, that will help a lot, even in choosing an attorney.