Legal Question in Family Law in California

Back AFDC

My Question is: My stepson's Mother did not have physical of my stepson..(husband's son) from age 5-10 , 5yrs..he then lived at grandparent's home and they received afdc & Medi-cal for him for those yrs. My husband pays arrears on afdc and to ex ..most of debt is afdc. She is no longer on afdc..____question..doesn't she owe..1/2 of the afdc debt for those 5yrs? ___ She didn't have custody. Her parents did have legal guardianship during that time..and gave her son back to her legally..through court procedings when she returned to get him back and had another child also. How would we go about getting the DA to persue this matter if she if fact does owe 1/2 during those 5 yrs. Thank you


Asked on 6/16/00, 11:27 pm

1 Answer from Attorneys
Nina Gohari Law Office Of Nina N. Gohari

Re: Back AFDC

IF mother did not have custody of the minor child and grand parents had a legal guardianship of the minor then you may be able to file a motion with the court requesting both parents to be responsible for portion of the support. However, if there is a default judgment entered against you or you think there may be one existing then I suggest that you do not file a motion but to contact an attorney to attack the support order/ judgment. If you need a free initial office consultation you may call me at 310-839-7700.

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Answered on 8/16/00, 7:11 pm


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