How to get your child support case dismissed
November 30, 3:49 PM San Diego Courts Examiner Gregory Smart
Approximately a year ago the County of San Diego initiated a child support case against me for one of our children and one against my wife for our other child. To give you a little background, 14 months ago our children ages six months and two years were removed from our custody for emotional abuse. The details of this case are the subject of several past and future articles.
The County of San Diego receives approximately $4,000 per month per child in the form of federal Title IV social security funds for each child in the custody of Child Protective Services. From the $4,000 the County pays approximately $600 per child to the foster care provider the child is placed with. Regardless of the fact that the County receives federal social security money to cover the cost associated with foster care placement, the County interprets this payment as a loss and opens a child support action against the parents to recoup the $600 under the welfare reclamation clause. Once a child support order against the parents is granted, the County receives approximately $2.40 for every $1.00 of child support collected in the form of, yep you guessed it, federal Title IV social security funds.
Is it just me or does anyone else see a problem with this system? I think it is very clear that the county is triple dipping. As a matter of fact, I think it is so clear that I decided I was going to use my child support case to expose this corruption.
A few months ago I began submitting Freedom of Information Act requests and California Public Record Act requests to compile the information I would need to expose the corruption. I submitted multiple requests seeking multiple items. A good number of the actual requests and the responses I received can be found on www.crispe.org/forum
One of the contacts I have been working with is Senior County Counsel for the County of San Diego. Last week I sat down and met County Council at the County administration building. During our meeting I explained in detail my plan to expose the corruption in the county and explained exactly the information I was seeking. I also informed County Council that I would be utilizing the discovery process in court to obtain the information I could not obtain from him.
Now, this is where it gets interesting, today I received a phone call from a lady at the Department of Child Support Services. I was informed that an ex parte hearing was set to take place on December 2nd 2009 at 08:30 in Department 42. The purpose of the hearing is that the County suddenly wishes to have the child support action against me dismissed. I inquired as to why the county would seek dismissal and I was told “because there is good cause”
My question is this, is the term “good cause” synonymous with the term “our butt is about to be in a sling” I know many people in exactly the same situation as myself but none of their cases were dismissed. Over the past year nothing has changed in my case. I am doing nothing different now that I haven’t been doing all along. The only thing that happened was that I told the County my plan and that I know what information I need to support my allegations and that I know where to get it.
I will be going to court on Wednesday. I will let everyone know how it turns out. I am actually considering objecting to the dismissal of the case, but we will see.
If anyone else has a similar story of corruption in their local or state government please let me know. I would be very interested in helping you expose the issue.