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jbfit4u · Jan 20, 2009, 05:56 PM

There was a child support case opened once I left my ex girlfriend (who advised me that the child was not mine). I moved out of the state approximately 1 year prior to being incarcerated. A case was filed and a default judgement was won. I was released in 2004, moved back to California and started working in 2005. In 2006, I received documents stating that they were going to garnish my wages. I have gone to court on several occaisions requesting paternity tests, etc based on the informaiton that was provided to me prior to my move out of the state and the fact that this person had contact with me during those years and never mentioned the child support or that this was my child. Each time, I have been advised that my case was too old. I just want to know, how can I get the 8 years worth of arrears that were occurred during the time I was incarcerated and did not even know that a case existed.

JudyKayTee · Jan 20, 2009, 06:00 PM

Is this a California Judgment?

jbfit4u · Jan 20, 2009, 06:06 PM

"Is this a California Judgment?"

Yes it was a California Judgement

Fr_Chuck · Jan 20, 2009, 06:30 PM

Of course you start by how were you served notice, it appears you lost because you did not show up for court, So where you served, if not you need to see how they claim you were served.

Also how was the amount of the support figured, while in prison it should be at the min amount

jbfit4u · Jan 20, 2009, 07:38 PM

I was not served, a family member was at my house packing the balance of my belongings and they accepted the papers and never told me. I did not find this out until I requested a copy of the case file and saw the service notice. He signed a notarized statement that he failed to advise me of the pending case and they still declined to re-open the case.

JudyKayTee · Jan 21, 2009, 06:06 AM

Originally Posted by jbfit4u

I was not served, a family member was at my house packing the balance of my belongings and they accepted the papers and never told me. I did not find this out until I requested a copy of the case file and saw the service notice. He signed a notarized statement that he failed to advise me of the pending case and they still declined to re-open the case.

If you've already tried to reopen the case based on bad service (or no service) and been refused, I see no grounds for appeal, no grounds to set the Judgment aside.