Legal Question in Civil Litigation in California
Child Support wrongfully taken!
My husband pays monthly child support, which is withheld from his check weekly for 2 daughters. 3or 4 yrs ago, his ex-wife was incarcerated. My husband was out of town working at the time.His sister asked if 1 of his 2 daughters could stay with her, the other daughter wanted to finish the school year, so she stayed with her grandfather. October to june, thereafter she came to live with my husband.During those months (oct-june) monthly support was still taken from his paychecks. The district atty said, the sister and grandfather were entitled to that supportduring the time in their custody.They were informedof this and could accept the amount or it could go towards paying off his support. After not hearing anything, wondering where that money was going to, we went to see D.A. We were told by them, that my husbands sister came and said she had both girls in her custody (at this time, 1 was enrolled in school and living w/ us). They sent her 2 checks totaling 6,000.00. Court odered support was 193.00 for 1 daughter, 325.00 for other totaling 518.00 mo. They said, sorry, get a lawyer and sue her. Can we still pursue legal action against her? All c/s is paid,....we are paying only the intrest now,which was 27,000, and now due is 7,000.
2 Answers from Attorneys
Re: Child Support wrongfully taken!
You should re-post this inquiry for a family law attorney. Good luck!
Re: Child Support wrongfully taken!
At the very least your sister-in -law was unjustly enriched and you are entitled to have the money directed any way you wish. If I were you I would reduce your claim to Five thousand dollars ($5,000.00) and go to Small Claims Court. No lawyers. Just you and the court... and your siter-in-law, if she desire to put in a defense, and it is fast.
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