Legal Question in Family Law in California
Child support collections from a third party
I am a single parent who has not been paid child support in several years. The non-custodial parent is being paid under-the -table and being given room and board by a third party. My question - is this third party obstructing justice and harboring a criminal? by doing so, I feel they are causing me a great deal of pain. Can I sue them for the child support or ?
1 Answer from Attorneys
Re: Child support collections from a third party
To collect child support from a thrid party you would have to obtain a wage assignment or writ of attachment. The third party would then be required to give any money that is due to or being held for the benefit of the non-paying parent. If this party is paying him under the table it is unlikely that they will admit that he has any wages coming or that they are holding money for him.
It may be better to contact the district attorney's office about filing criminal charges against him. Failing to support a child is a violation of the penal code. If he is charged under the penal code and convicted, he would be placed on probation. A condition of probation would be to seek employment and pay child support, current and arrears.
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