Legal Question in Family Law in California
Child Support
My boyfriend just got his wages garnished for child support and back support. The problem is this...the kids that are involved are not living with or haven't live with their mother during this whole time. They live with his ex wife's parents. We don't feel he should have to pay the full amount or pay it to his ex wife. Do we have any legal grounds to stand on?
1 Answer from Attorneys
Re: Child Support
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, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Your boy friend may have a basis for downward modification of child support. However, the time to ask for a reduction is when the circumstances change not some time later. Generally, child support modifications can NOT be made retroactive. Contact an experienced Family Law attorney in the county where the original child support order was issued or where the kids now reside for specific advice and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.