Legal Question in Family Law in California

Child Support, California

Hi, my question is; I have had custody of my son for the past 2 years. but the state of California says that I owe arrears for monies paid to my girlfriend in 1995. Are there any legal rights that may benifit me for my years of custody?


Asked on 5/15/02, 12:35 am

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Child Support, California

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 1995 may be beyond the retroactivity allowed the DA for collecting arrears, depending when they started their action. You also may now be entitled to receive (future) child support from the mother. Contact an experienced Family Law attorney who practices in the county where the action is taking place.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 5/21/02, 2:07 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Child Support, California

If you are looking for a credit for caring for your son for the last two years against what you owe the State for Aid paid on behalf of your son, there is no such legal set off. You may want to contact the department of child support services that is collecting the support from you and ask them to establish a child support order for support owed by the Mother to you which you can then use to pay the State of California. The State must have filed an action to obtain an order for child support from you and can only make the order retroactive for three years, so there must be an order entered in a court. If the order that the State is trying to enforce was taken by default they may be willing to look at the order to determine if it was set at the correct amount. If it was taken by default, first, get a copy of the order, second, talk to an attorney the practices in the county that the order was taken about your options. Good Luck, Pat McCrary

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Answered on 5/15/02, 10:05 am


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