Legal Question in Family Law in California

Balance dispute owed on child support

I have a balance dispute with LA County child support division. I was in the military when my ex-wife had got a divorce on default hearing. I had to file and order to show cause, because my ex fail to inform the judge that I was in the military which I was protected under the Silver Sailor Act. Now the problem is the divorce was on 1 Apr 97, my child support was $1200.00 I refiled in Jun 97. The judge rule on the case 29 Sept 97, child support $600.00. Now LA County to the case sometime in Sept, and is charging me from 1 Apr 97 $1200. to 1 Sept97. And 15 Sept 97 $600.00 a month. Now what court order are they suppose to be going by? The court order 29 Sept 97 does not show any arrearages. And I read in the Child support handbook that they could not take a case that was still in the courts, so if they took this case before the judge rule on this case, what legal action can I take. Thank you.


Asked on 2/20/02, 8:23 pm

1 Answer from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Re: Balance dispute owed on child support

Here is a link to an article on the subject:

http://usmilitary.about.com/library/milinfo/sscra/blchap2.htm

You have to be very careful to avoid waiving the protections of the Act by taking any action which might be construed as an "appearance". Your attorney should provide further particulars.

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Answered on 2/21/02, 3:24 pm


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