Legal Question in Family Law in California

Bio Father behind 5k in child support

I have 2 children with my ex husband (a Junior and Senior in High School). He works construction and is 5 thousand behind in child support payments due to the rains in California. My current husband works 2 jobs and I am working 50+ hours a week to make ends meet. My ex refuses to return calls and keeps getting further behind in payments. We went to court in Feb of this year for him to get a financial hardship reduction, he was allowed $160 a month reduction, yet is still ordered to pay $1700.00 a month. I know he can barrow against his pension through the union. I am getting very behind on all my bills, what can I do and who do I go to for help? Can the DA help me? Can I be compensated for interest or even MAKE him barrow against his pension? Another month without cs could break me at this point.


Asked on 4/07/05, 7:39 am

1 Answer from Attorneys
Jennifer Sawday Sawday and Drake

Re: Bio Father behind 5k in child support

I am not sure if you are correct in stating that your children's father can borrow against his union pension. He may be able to borrow against a 401k plan, but a pension plan is different and does not offer loan privileges (that I am aware of).

I would contact your local District Attorney's office and learn about their resources to help you collect child support. One of the tools they can use is garnishment -- they can take from his wages directly and mail you a check for child support. Garnishment can also include back wages. This is done through the District Attorney's office normally.

I hope this helps.

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Answered on 4/07/05, 12:41 pm


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