Legal Question in Family Law in California
Arrears discharged by custodial parent
My Daughter was born in 1991. The mother (now my wife) was on AFDC (welfare) for several months after the birth of the child. I have always raised my child, even currently, including her child from a past relationship and my wife. Shortly after the birth of the child, I got the mother off of AFDC and we were married.
CA went after me; My wages have been garnished for over 10 years. Due interest despite the fact I have payed more than the original balance, I still owe just a little less than the original judgement
I am poor, the sole provider for my daughter, wife, and soon to be adopted son. I have no other children. I have always supported them. We live together as a family.
I have filed a petition pro se to discharge the debt with the superior court and have court Jan 20
My ?s:
What are the chances of getting this debt discharged? (grounds - debt harms family and child for whom child support is collected)
Do you have any case law resources or any info which could help me in presenting my case. I have conducted an exhaustive search on the net and am running out of time and option. I didnt put my phone number on the form, but I will here: 209-293-3188. Thank you for your help.
1 Answer from Attorneys
Re: Arrears discharged by custodial parent
Your statement of the facts of your case do not make sense. The amount received from public assistance for several months should not be more than a few thousand, in the worst case, and more likely less.
The interest rate on unpaid child support is 10%. thus the interest on $1,200 is $10 per month. For $4,800 it would be 4 times as much or $40 per month. Unless you have been paying the interest plus some additional amount each month you are either not getting ahead or are sliding into the hole very quickly.
There are some cases which stat the the court may refuse to enforcement the payment of past due child support, but this is a complex area of the law.
Request a statement of all payments and hou much si due each month. With information you should be able to determine how much support was received from the county and how much you have paid. Then discuss this information with the distric attorney who is responsible for your case. If that does not result in your understanding what is going on then consult an attorney.
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