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?
2 Answers from Attorneys
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.
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.