Saturday Blog

(Added 08/15/2009)

     So I am still thinking about family law today which is normal in the life of an attorney.  One thing that gets me going is protecting the rights of deployed military members especially when it comes to the Department of Child Support Services (DCSS).  For some reason, DCSS takes upon itself an obligation to get a California order of support from an individual who is clearly a non-Californian.  Furthermore, this individual, who would otherwise not be subject to the personal jurisdiction of California and the DCSS court (referred to as the Family Support Division or FSD) becomes subject to personal jurisdiction because of being "tricked" into making a general appearance (usually by telephone) - once an unwary individual does this, it's game on for DCSS to ask the court to find that it has personal jurisdiction over the noncustodial parent.  This means the noncustodial parent will be paying perhaps the highest amount of child support in all 50 states no matter where located.  I have had clients who have never seen the Pacific Ocean nor set foot in California yet are still paying its jurisdictional guideline child support order because of unwittingly taking the bait of the DCSS system.

     Now, do not get me wrong, I actually like what DCSS does with respect to making sure children are taken care of financially by their respective parents or obligors.  As a matter of fact, I enjoy the company and challange of most of the attorneys who work at DCSS - they are underpaid and overworked yet still maintain their professionalism when dealing with other non-DCSS attorneys like me and ungrateful custodial (and noncustodial) parents - a DCSS attorneys job is usually thankless.  They deserve respect and attention from the legal community because their work effort is also based upon doing something that raises the bar of our profession and contributes to the greater good.  It takes a special individual to work in those conditions.

     Meanwhile, back at the War.....  Like I was saying, though, when it comes to military members, someone has to draw the line and it might as well be me because I understand the military and can understand certain circumstances that can make one a seemingly uncaring parent who does not provide support when the reality is much different and more positive.  These individuals are also unsung hereos like the DCSS attorneys - it is a critical irony these adversaries are actually one and the same.  The only difference is one hero is serving the local community in its custodial parents (usually) and children; the other, serving our country on a national level.  Both carry forward the mission of their seniors.  Both project a "leaning forward" attitude for mission accomplishment.  And both, in most cases, care about the greater good and doing something purposeful, meaningful and right.  If you ever have a question about the Department of Child Support Services, please call our office or email me.  I am more than happy to speak with you no matter who you serve.