Legal Question in Family Law in California

Child Support Arrears $65,000-OAG says can't collect

After 20 yrs and being owed $65,000.00 in arrears for child support the OAG/Tx says it cannot collect on my case. My ex lives in CA, I am in Houston. The main reason they claim they cannot collect is due to bad advice given to me by my caseworker. The ex offered to pay $8,000 on the arrears owed in exchange for saying he was paid in full for his obligation. After discussing this with my caseworker I was told to take the money and sign whatever the ex wanted. Because according to the caseworker that NO agreement could be binding because only a JUDGE could dismiss a court order for c/s. CA is unwilling to pursue this case also. NO JUDGE has dismissed the order for support arrearages. (children long emancipated)

So, am I stuck with bad advice from the caseworker at the OAG's office? Or is there some other avenue to get the states moving on this?

I am not and never have been on state assistance so I know I am not a priority on their list and never have been.

Thanks for any info.

Responsible Adults Against Deadbeats. org


Asked on 3/02/02, 10:38 pm

2 Answers from Attorneys
John A. Giffen Law Offices of John A. Giffen

Re: Child Support Arrears $65,000-OAG says can't collect

You can have the state drop the collection case and proceed through a private attorney. You would need to hire an attorney in Calif to register your order here and then try and collect it. Whether or not you can dismiss the action in your state depends on the laws there but if you get the money from your ex and it doesnt look like you are going to get any more you probably can just dismiss it.

John A. Giffen

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Answered on 3/05/02, 3:39 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Support Arrears $65,000-OAG says can't collect

If I read your statement correctly, you agreed to accept 8000 as full settlement for the entire amount of child support that was due. Such an agreement would enforceable in California unless it was obtained by fraud.

You should contact an attorney in Texas to determine if there is a remedy. You should also contact a California attorney to determine if you have a remedy in California. This will allow you to provide additional information which will allow a full analysis of your case.

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Answered on 3/06/02, 11:00 pm


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