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CS ending in CA

Newstep's picture

I posted a while back about the CS ending very very soon for SD18. We had to motion the court for a hearing because BM would not stipulate that CS has ended. She is convinced that CS is owed for the entire month of June. Well CA has no law on the books that says CS can NOT be pro-rated it is a very fuzzy area. If you ask DCSS they say not it can't be but they have no statute or law to reference.

Which is neither here nor there because SO was willing to pay the full amount if she signed the damn stipulation so they wouldn't have to go to court. But she refused to do so unless he changed the date to "June 31st" instead of July 1st :? :? :? :? I am sure the moron doesn't realize that June only has 30 days. She is hell bent on not only getting the money but making sure it is stipulated to the end of June, when it ended June 2nd. We were advised not to stipulate to anything beyond the end date the state law requires. So off to court they go.

Prior to all this nonsense she had texted me asking when the payments would stop. I (stupidly) answered her that June would be pro-rated, she said thanks and that was it. I should have stayed out of it but she had been acting normal and I could see where she wanted to know since it was ending soon.

Well in her response to the motion she printed out my text response and added it to her response. I am not even sure what the point was. She also printed out all her messages from/to SO. In them she basically says "if I have all the money for June in my hands I'll sign the stupid paper" this was after she drug it out refusing to sign. Which is all in the text string, which makes her look pretty dumb and after money. She is also asking the court to order SO to keep SD on his health insurance plan. SD will be full emancipated by the court date and the court no longer has any jurisdiction over her.

In her response she says she is "disabled" and her husband supports her and she can't afford to pay co-pays/medical expenses for SD. Meanwhile SD is living with her and has no plans for college or a job. Reason is she is taking her last summer off before she looks for a job or goes to college. Uggggg I can't wait for this to all be over.

Comments

Newstep's picture

It may be by county rules, but we found out he had to motion the court. He has been private pay via PR deduction the DCSS has nothing to do with it. There is an court wage order that we need to get stopped. When he went to file that he was told what he had to do. To make it easier for everyone self-help advised him to get her to sign a stipulation that she agreed it was over per CA laws.

So they both have to go to court now. When my kids aged out my ex paid the pro-rated amount for the final month and that was that. Never filed anything with our county court.

Newstep's picture

He's private pay so it does not go through DCSS at all. If the case had gone through DCSS it would have been easy peasy. But back when the order started she closed the case with DCSS because the office manager would hand deliver her CS checks to her on payday. If she went through DCSS it would have taken 7-10 days for her to get her money.

This woman is just straight up DRAMA every time you turn around. All she had to do was sign the stipulation with the correct end date and she would have had the full amount for June in her hands a long time ago. But she drug it out so she could be a martyr and victim and everything else. She is just showing her crazy and we have to put up with one one last time. Thank goodness it is almost over.

ChiefGrownup's picture

We are facing this right now. BM is supposed to sign the same "stupid paper" but she is seeing a lawyer about it today. Fine, that's her right, but we are a bit on pins and needles what comes of her meeting today.

We shall see. I so hope we are not headed to some stupid court fight. SD will be 18 in weeks. BM wants her to take a year "off." Off from what, we ask? We want her to work since no college on the horizon. If bm loses the money, as she should, it may motivate her to get the girl working at a job. Which is the only thing that gives that girl any hope of a path forward. BM would rather she hung around being bm's pet. We want her to be a self-actuated adult who becomes sefl sufficient and lives her own live.

So much hanging on this one little meeting today!

Newstep's picture

Let me know how it goes!!! I feel for you guys.

I swear we have the same BM and SD. BM wants SD to take the summer off??? We were the same like off from WHAT???? We too are hoping she at least gets a a job of some sort or even better goes to a JC. But BM will side track that once she finds out in CA you can't continue to get CS if they are in college.

pixielady's picture

Does CS in California end at graduation or when child turns 18? What if they graduate before turning 18?

notsobad's picture

That makes no sense at all. Who decides which it is?
Most normal people would want it the same for all of their kids. We all know those BMs who want CS for the longest possible time, so which precedent do you use?

secret's picture

but if is 18 or graduation....would it not be whichever is first, and not after both have been attained?

Based on the above...

if kid turns 18 in March but graduates in June, CS would end in March....?
if kid turns 18 in August but graduated in June, CS would end in June....?

Newstep's picture

The BM tried her hardest to get it to continue on the presumption that SD would be going to college. Not gonna happen in CA. If SD does go to college we will help her directly.

Newstep's picture

Me too Wink and I am a BM whose ex-Dh put all kids through university without the courts telling him he had too. Lucky he was well able to afford it but even if he hadn't it would not have hurt our kids one bit to work and put themselves through college.

pixielady's picture

Does CS in California end at graduation or when child turns 18? What if they graduate before turning 18?

Thumper's picture

Disabled BM huh?

Well well, what are her SSD checks amounts? AND the back pay for SSD ???

Next, OP be sure to read your state laws for paying college. Just when you think there is nothing on the books---there may be a little itsy bitsy "NEW" law added.