Legal Question in Family Law in California

Child Support Arrears

I am the custodial parent of a four year old and my child support order is filed with the DA office in Orange County, Calif. The father works under the table and does not file any taxes. His arrears are over 16,000. He pays $44.00 dollars a month to the DA office. Why has ther not been any legal action taken to file criminal charges against him? I am told as long as he makes monthly payments to the the DA, they will not pursue any other actions.. Is there anything else I can do without hiring an attorney? If I did hire one what actions would they take. The father resides with his parents in Los Angeles California but does own property and a trailer in Arizona. His driver's license and car registration are both out of Arizona. I need to know if I have any other options. How is his past suppot allowed to be so high without anything being done to the father. Isn't it a felony after $5,000 of arrears?


Asked on 7/19/01, 5:33 pm

2 Answers from Attorneys

John Watson John Watson, Attorney at Law

Re: Child Support Arrears

There are several options available to you. You may

not like them ~ but they are available. First, you

could hire an attorney in AZ to go after his property

there. Next, you could hire an attorney in CA to go

after him there and pursue a different or higher monthly

payment amount.

Also, you could go to the Child Support Enforcement Office

in NM and, after filling out the appropriate paperwork,

you could ask that government office to begin a UIFSA

action to collect a higher amount of monthly payments

for you. You should understand that in dealing with

a government office your frustration level might increase

more than it is now, however, asking the government for

help is *something* you can do. (Understand that the

government office has less than 500 people working

on approximately 50,000 cases. Do the math and you'll

see why the government is slow).

You stated in the beginning of your query that "the father

works under the table and does not file any taxes." My

question is: How do you know that statement is true? And,

if it is true, then do you know where he is working? Providing

that information to either a private attorney or the government

agency could do a lot to help you get more money.

Good Luck.

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Answered on 7/20/01, 8:35 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Child Support Arrears

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, Tenants'

Rights, and Juvenile Dependencies, and EDD

hearings and appeals, as well as information

about me (education, experience, et cetera)

and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say that as long as the father (mother or child) remains a resident

of California, the court there will have exclusive

and continuing jurisdiction over child custody / support

orders. Either nag the OCDA to increase the monthly

payment or hire a private attorney who practices in

Orange County (and LA county, too, because father probably

can get a change of venue)to file for a modification.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 7/25/01, 1:23 pm


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