Legal Question in Family Law in California
child support enforcement actions / withholding orders
Only child support arrearages are owed to me as all children are over age 18. Under 22CA ADC $ 116100 (a)(3)A, is the most I can collect 25% of the original cs order, or 50%? If I can request 50% of the original cs order, should I have the local DA office pursue it or can I file in Court on my own behalf? I hesitate to go the DA route, as a cs officer interpreted the regulation to mean I can only ask for 25% of the original cs order. The original order was issued in CA, but the absent parent now lives in Nevada.
Thank you for your time.
2 Answers from Attorneys
Re: child support enforcement actions / withholding orders
You should pursue ALL of the arrears plus interest.
If this man has any property, or money in a bank account or any other asset then you may be able to levy against the asset. If he is working, then you can garnishee his wages.
You should immediately speak with an attorney.
Regards,
Damian Nolan
Re: child support enforcement actions / withholding orders
You can collect 100% of the original order plus 10% simple interest on top of that. In addition, you may be able to collect your attorney's fees. If you know where he works or his address it may be easier. E-mail me with details of when the order was made and the assets, home, cars, employment, etc of the father and I can give you advice on what is the best tactic. You don't want to let him know that you are coming after him as he can start hiding assets. Good Luck, Pat McCrary
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