Legal Question in Family Law in California
Child Support
I pay child support for my daughter who lives in California and I am in AZ. For the past 3 years she has been living with my sister (in CA) but the child support payment is going to her mother who lives in TX. I called the child support agency in CA and advised them that my daughter lives with my sister and not her mother and that would like all payments to apply to my arrears instead of current support since there should no longer be current support since she does not live with her. The agency advised me that they cannot do anything with the case until my childs mother calls and informs them of any changes since she opened the case initially. I requested a review of my case and was denied a review because they were unable to obtain any information from the mother which is because she now lives in TX and they do not have her current address. Is there a next step I can take? I have no problem paying my child support but feel that there should no longer be current support and that all of my monthly payments should apply to the arrears. Please advise.
3 Answers from Attorneys
Re: Child Support
What you were told is not necessarily true. However, we would need a few additional facts or clarification on some of the information you submitted. An OSC (order to show cause) hearing for changed circumstances could reasonably remedy the situation, however, jurisdiction could be the primary issue here. Contact us today for a free consultation.
Re: Child Support
Bring this matter to the attention of the judge via an OSC motion. However, a simultaneaous family law action would also be advisable as the child should live with the parent first. Her aunt has no business having custody of your daughter over yourself. Call me directly at 16192223504.
Re: Child Support
You should file a motion in Superior Court that has the current child support order. The judge can make the change the DCSS is refusing to make. If you hire an attorney you will not need to make several trips and may actually be cheaper than traveling yourself. Good Luck, Pat McCrary
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