Legal Question in Family Law in California
Child Support
I have a court order for child support from my ex-husband. He has paid me directly from time to time. Can I request back support as well as collect current support through wage garnishment? Do I have to prove what I have received so far?
1 Answer from Attorneys
Re: Child Support
Since you already have a court order, you do not need to request a wage assigment for current support. You simply need to file the proper form with the court listing the address of the father's employer and requesting a wage assignment.
As far as arrears go, the burden of proof will be upon you to prove what you have received or have not received so far. A spread sheet itemizing the payments, the date they were made and how they applied would probably be sufficient. Once you have proved to the court's satisfaction the amount of arrears the father owes you, you can obtain a judgment in that amount. Once you have a judgment, you may seek collect the judgment in the same way any other judgment is collected, i.e. through a bank siezure or a levy on his home or other assets. If he is remarried, you may be able to seize his wife's bank account as well.