Legal Question in Family Law in California
child support mistake
my husband has custody of his son but the original order was for his exwife.now they say he owes a lot of money he doesn't owe, since they were adding new monthly charges (not just arrears/interest) for years after he got custody. They refer to him as the non custodial parent still. He raised this child !
His son is 28 now and they are planning to take away my husband's driver's license within a couple weeks. We have no money. What can be done?
2 Answers from Attorneys
Re: child support mistake
Lyle Johnson is correct that a motion needs to be filed. You may need to scrape up the money for an attorney because I am assuming that you are talking about 10's of thousands of dollars. It is not a difficult motion for an experienced attorney but to take this on by your self could cost you a lot of money. Good Luck, Pat McCrary
Re: child support mistake
He needs to file a motion for an accounting and request credit against his child support obligation. There are several appellate court cases that provide for the parent that has the child with them receives credit for that time.
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