How to get your child support case dismissed - Part II

I appeared in court today on my child support case. The County moved for dismissal and I objected. The details of the thirty-five minute ex parte hearing are really quite interesting and while I am not going to discuss them in detail here, I may post them on a website at a later date.

To make a long story short the judge ultimately dismissed my case without prejudice. The explanation I was given was that the case was dismissed because the child support court did not have jurisdiction to issue a child support order against me because I contested parentage of the child and the issue of parentage is within the jurisdiction of the dependency court at this time.

The reason that does not make any sense to me is because at the same time that my hearing was being held they were dismissing the child support case against my wife in the courtroom next door to mine. I am reasonably certain that she did not and could not have contested parentage.

The "official" rule cited in todays hearing was California Rules of Court, Rule 5.635. I have included the rule below for your reading pleasure.

Cal Rules of Court, Rule 5.635 

*** THIS REFLECTS ALL CHANGES RECEIVED THROUGH AUGUST 28, 2008 ***

CALIFORNIA RULES OF COURT (Reorganized and Effective January 1, 2007)
Title 5. Family and Juvenile Rules
Division 3. Juvenile Rules
Chapter 9. Parentage

Cal Rules of Court, Rule 5.635 (2008)

NOTICE: This rule is effective January 1, 2007. For the text of this rule as it read prior to the 2007 revision, see Rule 1413.

Rule 5.635. Parentage

(a) Authority to declare; duty to inquire (§§ 316.2, 726.4) The juvenile court has a duty to inquire about and, if not otherwise determined, to attempt to determine the parentage of each child who is the subject of a petition filed under section 300, 601, or 602. The court may establish and enter a judgment of parentage. Once a petition has been filed to declare a child a dependent or ward, and until the petition is dismissed or dependency or wardship is terminated, the juvenile court with jurisdiction of the action has exclusive jurisdiction to hear an action filed under Family Code section 7630 or 7631.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2001, and January 1, 2006.)

(b) Parentage inquiry (§§ 316.2, 726.4) At the initial hearing on a petition filed under section 300, 601, or 602, and at hearings thereafter until or unless parentage has been established, the court must inquire of the child's parents present at the hearing and of any other appropriate person present as to the identity and address of any and all presumed or alleged parents of the child. Questions, at the discretion of the court, may include the following and others that may provide information regarding parentage:

(1) Has there been a judgment of parentage?

(2) Was the mother married or did she have a registered domestic partner at or after the time of conception?

(3) Did the mother believe she was married or believe she had a registered domestic partner at or after the time of conception?

(4) Was the mother cohabiting with another adult at the time of conception?

(5) Has the mother received support payments or promises of support for the child or for herself during her pregnancy or after the birth of the child?

(6) Has a man formally or informally acknowledged paternity, including the execution and filing of a voluntary declaration of paternity under Family Code section 7570 et seq., and agreed to have his name placed on the child's birth certificate?

(7) Have genetic tests been administered, and, if so, what were the results?

(8) Has the child been raised jointly with another adult or in any other co-parenting arrangement?

(Subd (b) amended effective January 1, 2007; adopted effective January 1, 2001; previously amended effective January 1, 2006.)

(c) Voluntary declaration If a voluntary declaration as described in Family Code section 7570 et seq. has been executed and filed with the California Department of Social Services, the declaration establishes the paternity of a child and has the same force and effect as a judgment of paternity by a court. A man is presumed to be the father of the child under Family Code section 7611 if the voluntary declaration has been properly executed and filed.

(Subd (c) amended effective January 1, 2007; adopted effective January 1, 2001; previously amended effective January 1, 2006, and July 1, 2006.)

(d) Issue raised; inquiry If, at any proceeding regarding the child, the issue of parentage is addressed by the court:

(1) The court must ask the parent or the person alleging parentage, and others present, whether any parentage finding has been made, and, if so, what court made it, or whether a voluntary declaration has been executed and filed under the Family Code;

(2) The court must direct the court clerk to prepare and transmit Parentage Inquiry--Juvenile (form JV-500) to the local child support agency requesting an inquiry regarding whether or not parentage has been established through any superior court order or judgment or through the execution and filing of a voluntary declaration under the Family Code;

(3) The office of child support enforcement must prepare and return the completed Parentage Inquiry--Juvenile (form JV-500) within 25 judicial days, with certified copies of such order or judgment or proof of the filing of a voluntary declaration attached; and

(4) The juvenile court must take judicial notice of the prior determination of parentage.

(Subd (d) amended effective January 1, 2007; adopted as subd (b) effective July 1, 1995; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.)

(e) No prior determination If the local child support agency states, or if the court determines through statements of the parties or other evidence, that there has been no prior determination of parentage of the child, the juvenile court must take appropriate steps to make such a determination.

(1) The alleged father and his counsel must complete and submit Statement Regarding Paternity (Juvenile Dependency) (form JV-505). Form JV-505 must be made available in the courtroom.

(2) To determine parentage, the juvenile court may order the child and any alleged parents to submit to genetic tests and proceed under Family Code section 7550 et seq.

(3) The court may make its determination of parentage or nonparentage based on the testimony, declarations, or statements of the alleged parents. The court must advise any alleged parent indicating a wish to be declared the parent of the child that if parentage is declared, the declared parent will have responsibility for the financial support of the child, and, if the child receives welfare benefits, the declared parent may be subject to an action to obtain support payments.

(Subd (e) amended effective January 1, 2007; adopted as subd (c) effective July 1, 1995; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.)

(f) Notice to office of child support enforcement If the court establishes parentage of the child, the court must sign and then direct the clerk to transmit Parentage-Finding and Judgment (form JV-501) to the local child support agency.

(Subd (f) amended effective January 1, 2007; adopted as subd (d) effective July 1, 1995; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.)

(g) Dependency and delinquency; notice to alleged parents If, after inquiry by the court or through other information obtained by the county welfare department or probation department, one or more persons are identified as alleged parents of a child for whom a petition under section 300, 601, or 602 has been filed, the clerk must provide to each named alleged parent, at the last known address, by certified mail, return receipt requested, a copy of the petition, notice of the next scheduled hearing, and Statement Regarding Parentage (Juvenile) (form JV-505) unless:

(1) The petition has been dismissed;

(2) Dependency or wardship has been terminated;

(3) The parent has previously filed a form JV-505 denying parentage and waiving further notice; or

(4) The parent has relinquished custody of the child to the county welfare department.

(Subd (g) amended effective January 1, 2007; adopted as subd (e) effective July 1, 1995; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.)

(h) Dependency and delinquency; alleged parents (§§ 316.2, 726.4) If a person appears at a hearing in dependency matter or at a hearing under section 601 or 602 and requests a judgment of parentage on form JV-505, the court must determine:

(1) Whether that person is the biological parent of the child; and

(2) Whether that person is the presumed parent of the child, if that finding is requested.

(Subd (h) amended effective January 1, 2007; adopted as subd (f) effective January 1, 1999; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.)