Legal Question in Family Law in California

child support

Can I still collect back child support if my children have exceeded the age of 18? I never received any support for my 3 children although it was court ordered. He is now around after 10 years and with a fourth wife. I was his first. He owns his own home and has a good job. I am still struggling and trying to help my son so he can finish school. I need help, please!!!!!


Asked on 2/18/04, 4:33 pm

4 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: child support

Yes, you can still collect the past due child support plus statutory interest at 10% per annum on the unpaid balance. You should record an abstract of judgment in the county in which he owns a house.

To determine exactly what is owed to you including interest, as well as determining all of your options, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 2/18/04, 4:41 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: child support

in a nutshell, the answer to your question would be yes. child support that is court ordered would still be payable to you in the form of back support regardless if your children are now over 18 and considered to be the age of majority now. you would also be able to receive interest payments on this outstanding balance as well as attach liens or garnishments where needed. if you would like further assistance legally in this matter, email us directly today.

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Answered on 2/18/04, 5:43 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: child support

You can get a wage assignment and may be able to levy against his house. Contact a family law attorney who does collections. He can assist you. Good Luck, Pat McCrary

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Answered on 2/18/04, 6:51 pm
Damian Nolan Law Offices of Damian M. Nolan

Re: child support

The father may try to assert a defense of laches however he will not be successful. You absolutely have the right to pursue your claim for unpaid support and in addition, you will be entitled to interest at the legal rate. There are several ways to reach your goal. You can seek to have a ley against his property, if he has any; You can have a wage garnishment issued against his salary; and, if he has a retirement you may be able to proceed with a Qualified Domestic Relations Order against his retirement and you would receive a lump sum. He will be liable for any taxes which may be assessed. You really should consult with a family law attorney to assist you. Regards, Damian Nolan.

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Answered on 2/18/04, 9:31 pm


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