Legal Question in Discrimination Law in California
information
Mr A has three children. One from ex-wifeB, and two younger children from seperated wifeC. He was laidoff in 2001, and he notified both mothers. WifeC co-operated by going to court with Mr. A. to lower support for the two younger children, it was lowered upon showing all pertinent layoff and unemployment benefit documents. Ex-wifeB refused to cooperate by not showing up in court, and the same local support Agency that approved and lowered support for his two younger children waited for two years and came after Mr.A by placing a lien on his house that he often refinanced to pay mortgage and child support and maintan himself since he was still unemployed. The local child support went as far as collecting $15000 from the escrow and gave the money to ex-wifeB while they continue to honored $285 per month for the two younger children. Can Mr. A sue the Agency for discrimination? or has this Agency treated Mr. A and the two younger children unfairly? Does Mr. A have a case against this Agency?
2 Answers from Attorneys
Re: information
Mr. Geyer has given a thorough and accurate answer, in my opinion.
Assuming, as Mr, Geyer does (and so do I) that you are Mr. A, why in the world did you not seek out an attorney? In an apparent effort to save attorney fees, you have put yourself into a deeper hole than before.
Get some sense, and find a local family law specialist to help you in the future(and present).
Re: information
Hello and Happy New Year!
I assume from your question that ex wife B was unaffected by the County's actions with respect to almost ex wife C. If there were two (2) separate and distinct DA/County cases, one for each relationship, then it is certain that ex wife B was not a part of the C court activity. That then left the judgment concerning the first child unamended or intact.
With the judgment unaffected, assuming that you were ordered to pay 6 and were only paying 3 each month, that left 3 each month as newly acquired and accumulating "arrears."
It is certain that any arrears would be collected with any refinance as the judgment is a general lien on all property you then owned.
Lastly, I assume that you wilfully and genuinely made a conscious decision not to seek legal counsel at any time prior to the levy or garnishment. Had you done so you would have been told that absent a signed and in proper form agreement, the Judgment keeps on rolling along and racking up arrears.
I hoe that you understand the above. You need to amend the judgment by an OSC for "Modification" due to your employment status AT THIS TIME but it will NOT relate back in time to any date prior to the filing of the OSC papers anew.
Regards,
Mark Geyer
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