Legal Question in Family Law in California

child support

I have 50-50 custody of my 2 children ages 15 & 10. Joint, physical and legal. I have a stable home environment been remarried for 6 yrs., and I have always financially supported my children. My X on the other hand is on medication for manic depressive and was just kicked out of this mobile home that he was living in. He has been umemployed for approx. 7 yrs and has just recently been going to school to attempt to become a psychologist. I recieved papers from the local child support agency stating that I have to pay child support. My X denies doing this but because he has been collecting ''AID'' (medicare) that means the state has to collect from me. I am not rich live in a 3 bedroom apartment...live from paycheck to paycheck to make ends meet. The amount of child support that they want is outrageous. $6K in arrears, and $653 a month. Why, why, why? This doesn't seem fair. My X is now trying to get some sort of housing that doesn't allow kids. He is not in a good mental state and my 15 yr. old was nervous when he was driving her. In his condition he still wants to maintain 50-50% custody, he does not want to lose custody of his kids. What can I do in this situation? I don't have the money to hire a lawyer...


Asked on 9/01/03, 11:42 pm

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: child support

A lawyer will cost you less than 6K. but if you want to try it yourself, take your custody papers to the agency that is looking for the child support. You could do yourself irreparable by trying to do this on your own which is why you need someone who is familiar with dealing with the Department of Child Support Services. Remember, you have a time limit in which to file an answer or you will owe the support.(normally 30 days from the date that you were served) Your ex undoubtly was collecting AFDC and that is why they are coming after you. When they know the facts, they may charge him with fraud and not seek support from you. Good Luck, Pat McCrary

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Answered on 9/02/03, 10:54 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: child support

You might want to hire a paralegal assistant to assist you in filling out the paperwork to seek a modification of the custodial arrangement.

If you can afford it, 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 family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 9/02/03, 11:04 am
Donald Holben Donald R. Holben & Associates, APC

Re: child support

While attorneys' fees are expensive, a good lawyer can make certain your interests are properly protected in such matters. It is somewht complex to deal with. 800-685-6950

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Answered on 9/02/03, 11:46 am


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