Legal Question in Family Law in California

My ex owes me @$11,000 in CS and now is going on disability. He is also moving out of state to live in his new wife's home. He assured me that he was selling some homes and would pay me but now that is not the case and he is leaving at the end of April. His wife has a well paid job and she will be taking care of his living expenses. What can I do?


Asked on 4/09/10, 10:47 pm

2 Answers from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

First off, open a case with the Department of Child Support Services to enforce your existing child support order. Let them know where's he's moving and they should follow up with the proper agency in that state. Next, a child support order is like any enforceable money judgment, you can go after assets/income to collect. The problem of course is knowing where the assets are (if he even has them), and then the effort and expense to get them.

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Answered on 4/14/10, 11:10 pm

If he has homes in California, finding assets and collecting should be relatively simple. You need to act before he sells them and takes off out of state with the money though. Mr. Green is right, though, you should open a DCSS case immediately. They will assist in collecting back support, but probably not as quickly as you need. They will, however, be very helpful in making sure future payments are collected out of state. As for the arrearages, if you would like help making sure he cannot sell the properties without paying you, that can be done relatively inexepensively, but must be done right or it will be ineffective. If you would like to discuss how I might assist you with that, feel free to give me a call or send an email. I would be happy to set up an initial consultation at no obligation in my Walnt Creek office.

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Answered on 4/15/10, 8:42 am


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