Legal Question in Family Law in California
case involves 3 minor children ages 2,4 and 6. Child custody has already been mediated father gets all three girls every other weekend. The parents live about 3 hour drive from eachother and mother is ordered to drive children down on fridays, father returns them on sundays.
Child custody is for the amount of $1,595 + 500 in spousal support. Mother requested wages to be garnished due to father not paying her almost at all of his own free will. Also Father owes currently $1,800 in backpay.
DA office says it can take up to 90 days to attach his wages, and that the $1800 in back pay is to be paid $100 a month until paid in full.
Here is the big problem. This is my girlfriend who I absolutely love. She is currently 1 month behind on all bills, in danger of eviction, power will be turned off in 10 days. She has $30 to her name at the moment! He refuses to pay her anything since his paychecks are going to be garnished(but not for up to 90 days!)
I am doing my best to support them, but i don't make nearly enough. Currently they have moved some belongings to my house so at least they will have power and a warm bed. I have also picked up the grocery bill because the girls need food.
She is supposed to drive the girls down to see their dad this friday but obviously has no money to do so.
What can be done to rememdy this situation!? I mean what would happen if she didn't drop them off due to complete lack of funds? Hes saying he will call the cops if they are not there by 6 pm as agreed.
We need help desperately!
1 Answer from Attorneys
He must pay support until the wage assignment starts taking the money from his pay check. Once the money it deducted from his pay check he has paid his child support. The delay between the time the money is deducted from his pay check and she receives is the money is a fault of the givernment mandated system. She should call him and explain that she has not received any support and has no money to buy gas to transport the children for the visit. Further she and the children are facing eviction. The court will not look kindly on his refusing to pay support.
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