Legal Question in Family Law in California

Child Support Arrearages

I have to go to Court next week and I was told I need to pay $11,000.00 in back child support. My daughter is now 19. I was told that I had 60 days of relief to come up with the money but was really only given 40 days. I have no drivers license due to the District Attorney suspending it. The Public Defender tried to get it back for me but the judge refused. I have been taking care of my Grandmother full-time until her death last week. At the time of her death she left a Living Trust with me and my sister and my late-brothers daughter as her beneficiaries. Today we sign a listing with a Realtor on my Grandmothers house for $499,000.00. The house is in a most desirable area and the Realtor thinks in will only be listed for a week at the most. My question is if I bring in the real Estate Contract to the Jusge will he consider this a way that I can pay the arrearages, if not payed by March 3 I was told I will spend 1 year in jail.


Asked on 2/27/04, 11:52 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Child Support Arrearages

I would not be quick to tell anybody at the courthouse, or even an attorney you might hire, about your good fortune. They may well find a way to shake you down for more. I am surprised that the judge wants to throw you in jail. Usually they don't do that for arrearages, only when there is a minor child who needs present support. What I would do is this. Find an attorney (I regularly practice in Upland, I will be in court there next week, and I would not mind having the case) who would agree to 1) defer collecting a fee for six weeks or so in exchange for a somewhat larger fee than he or she would normally charge; and 2) would be willing to go to bat for you in front of the judge, say to get a two month extension. I can think of things I would say to the judge that might well be persuasive.

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Answered on 2/27/04, 11:31 pm


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