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The DA represented my minor son for child support in 1988 before…

The DA represented my minor...
The DA represented my minor son for child support in 1988 before the Child Support Enforcement became in effect in Orange County California.
There was no custody order, nor paternity order because at that time, the laws were a bit different.
The order was based on my x boyfriend not having any visitation, giving me sole parentage due to the history of violence.
The order stipulated 34% of his net based on his income and expense declaration that he signed after he received service of said documents and notice of the case.
He did not contest the order, did not file any custody paperwork and basically wanted nothing to do with me nor his son.
He treated me contemptuously and violently throughout my pregnancy compromising my safety via throwing me out of his home in the night with no money, nor friends, no place to go while 8 months pregnant.
I am Canadian and had no status at that time unable to collect any welfare for myself, and they did not have shelters in Newport Beach California at the time.
I fled his abuse and have never looked back.
The order was enforced while he worked for a brokerage firm and for the first several months, the money was deducted via wage guarnishment.
After this period of time, he convinced me to take the enforcement/guarnishment because he was changing brokerage firms and did not want his new boss to know that he had a guarnishment.
He took me to Santa Anna DA office and I signed a release of their involvement to collect and enforce the order.
He gave me the odd hundred dollars after many phone calls and further debasing and demoralizing and verbal abuse to horrific degrees.
He never saw his son, never even sent a Christmas gift his entire life and still owes me half of the expenses that he failed to remit after many many requests.
I went back to Canada with his son, uncontested by him, as he wanted zero contact.
He even went so far to make sure that his own parents and sisters would never have any contact with their grandson/nephew and cousins.
THE ORDER STILL STANDS UNPAID.
Problem is that with the change from DA to Child Support Enforcement, the order went MISSING.
Funny his new assistant was a law clerk last summer working for OC DA when I tried to get a copy of the order and to get contempt charges and order to show cause.

There must be some trace of the file, as without the case number XXXXX court order I am out over 2 million dollars based on that order plus the 10% of interest on the arrears.
He is SRVP of a Big Brokerage firm and made over 6 million within the 18 years that the order was and still is in place before my son became emancipated.
Child Support People said they cannot open a case after my son turned 18 and will not help with arrears.

In his juristiction of California, where he still lives, men go to jail for being over 5k in arrears. Because I live and his son lived out of the juristiction, I am aware of the deadbeat parents punishment act, the federal felony criminal non support for willful withholding as he did have the means and also that the witholding of funds is deemed psychological and financial abuse and thus can sue for the long history including during my pregnancy because the statute of limitations is nulified by the fact that he is STILL withholding and I am suffering.
I have contacted him, he said he has other responsibilities such as his new wifes' 4 carot diamond ring and a 200k wedding, even though the order is in place, unpaid and should prevail.
He has assets, 401ks a home and income.
I do not have money to pay for a lawyer and he is getting away with it scot free and the order needs to be found.
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11/1/2012
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Category: Family Law
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Customer reply replied 5 years ago

This is actually a US law question specifically in Orange County California.

Hi Leesa,

I moved this to US Family law for you. Thank you for your continued patience. We will continue the search for a professional for you
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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,567
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
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Thank you for allowing me to assist you.

Without proving the existence of your order, you will not be able to enforce it. Therefore, it is vital that you find a copy of the order. If you have exhausted all of your efforts in obtaining a copy through the clerk of the court, you may want to see if Child Support Enforcement has a copy - not to enforce the order, but simply to obtain proof that the order exists. When the DA turned into child support enforcement, the actual people working on the cases did not change. The offices were the same and they kept their cases. Only the .name of the agency changed. So even if they won't enforce the order there is a chance they can obtain the case number XXXXX a copy of the order. And if you have not done so you should ask for an investigation into where your file is from the court clerk.

If you can prove that there is a court order you can get someone to help you with out having to pay up front. So far what efforts have you made to locate the file?
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Customer reply replied 5 years ago

Hello,


1. I telephoned the Ombudsman for the Child Support Office in OC and they could not locate a file, saying that they only have access for the last four years and only cases that they officially represented and also cases before 1994 are not in the system.


 


2. I called a clerk to search the court file under my name, my minor son's name SSN and also my x boyfriend's name. They also said it might have been shipped off somewhere in the Federal Archives especially being that the case was closed due to me signing off the enforcement and also the wage guarnishment and also that the file was not opened any longer and thus no reason for the new agency name to keep it in current system.


 


3. My x was served via the process servers of the court to his address at Shearson Lehman in OC at the time. He accepted the documents, responded to the documents via filing income and expense declaration.


The order came back at 34% because it was for basic support with no visitation nor custody (and he never bothered to petition for any visitation, nor custody nor shared parentage; also due to his horrific abuse, he did not bother because he already knew from his arrests of domestic abuse, he would get none. There is only one file under his arrest, but because at the time the victim was allowed to sign off on the prosecution, i participated with his pressure, intimidation and further victimization by signing off to the DA and he got off SCOT FREE for the abuse.


He also continued to victimize and assault me. In essence he was never held accountible. The laws are now changed not allowing the victim to sign off.


 


4. There MUST be minutes recorded?


 


5. Because the DA was actually representing my son as a minor child and we were not married, the file MIGHT be sealed and shipped off to a Federal Archive (might need to file motion to petition to get the sealed file open and find out the whereabouts)


 


6. My X worked for Shearson Lehman Bros. which then became Shearson Hutton, and the address is in Irvine. THEY MUST HAVE EMPLOYMENT RECORDS AND RECORDS OF THE GUARNISHMENT as they deducted....


 


7. My X does not contest he has a son and sent him some money personally in University.


 


8. My X is easy to locate is an ignorant moron and would divulge every and anything verbally and it could be taped or recorded to be used in court if said order was LOST. Between my affidavit and his own stupidity, the record of said order could be brought to the court by the sheer referral of it.


 


9. The first few months of his employment income were guarnished for 1988 and thus for his IRS filings, he would have most likely deducted the child support as a deduction and this might be other supporting evidence.


 


10. IF the order is lost permanently and the court will not honor the arrears, he still has to pay for the expenses for which he refused and I sitll have 200k for the 18 years of receipts for his son's life.


 


11. A motion could be filed to collect on this and then get him on stand to admit to the court order service and any other elements of the order.


 


12. Even if no order will be granted for the arrears, I still have time in California before my son turns 25 (three weeks..lol) to file a motion to submit the unpaid expenses.


 


13. I would also like to sue for abuse because of the long history and the statute is nulified due to the current abuse (he tried unsuccessfully to have me charged recently in OC for criminal harrassment due to emailing him for my child support and calling him a co****cker.


his cop buddy friend emailed me in Canada threatened me that if I did not call him immediatley he would file a charge . I admitted to it and said I was proud of saying it and meant every word.


I went on to give him the abuse arrest record and incident reports from years of abuse he subjected me too)


The cop tried to push it ahead with the DA but the DA said NO WAY!


BUT both my X and the cop used the looming pending 'malicious' and 'outrageous' prosecution as a tool to oppress, debase, dehuminize and deter if not defraud me out of my child support by this fear imposed.


My X told my son in written emails that the FBI would be extraditing me to the US for the CS use of wording.


The cop continued to tell me he knew nothing of any warrant and I continued to telephone Newport Beach police for an entire year in fear of my liberty being sabotaged for this so called arrest warrant.


The police officer alluded that he could not give me any more information about the case (all in documented emails) all the WHILST KNOWING THE DA WOULD NOT PROSECUTE BY OVER A YEAR!


 


He alongside my abuser x revictimized me by and I started needing therapy for PTSD and still am suffering and am in therapy.


I am a stock promoter and can prove millions of dollars in damages wherein my work and performance and concentration is handicapped by the abuse years ago, if not his arrest attempt.


 


Which brings me back that if I bring on a domestic abuse case, the court order could be a major question that another motion might actually give credence to the missing order and case.


 


Or by a long shot, sue the administration of the goddamn courts for miscarriage of justice due to losing the file/order thereby compromising my child support entitlement.


 


Anyhow, even if the order is lost, my son might be entitled to inheritance rights and also the minimum poverty level established of minium of the courts, however should have been entitled to his lifestyle that was lavish and extravagant and STILL IS.


 


IF you google me, you can join me on linked in if you want to take my case.

Customer reply replied 5 years ago

THE SMILES DID NOT SHOW UP FOR ME TO CLICK.


PLEASE RESEND THE SMILES....

IF the order is lost permanently and the court will not honor the arrears, he still has to pay for the expenses for which he refused and I still have 200k for the 18 years of receipts for his son's life:

In California, no retroactive support is ever ordered, including expenses so without the order, you will not be able to collect this money. You would have the additional problem that paternity was never established. Without an establishment of paternity, your son does not have inheritance rights.

It sounds like you're doing the right things to find the order - you just need to push. If the file might be in archives, get them to search the archives. If that is the problem, they should have the document somewhere.

Minutes are usually recorded, but those are in the court file, which is missing.

I suspect you will need a copy of the actual order, but it may help to get an admission or other evidence of the order - if for nothing else, to convince the court to keep looking for the order.

To sue for abuse is certainly possible, but it is hard to find a lawyer who will do this on a contingency basis. The kind of attorney would be a personal injury attorney. These attorneys usually do car accidents and similar cases that involve insurance because the awards are large and they can be assured that the insurance companies will pay it. With a case like yours, most attorneys will want you to pay a retainer and an hourly fee up front.

I am not sure why you don't see the smiley faces. Do you see another method for accepting my answer?
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,567
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
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