Legal Question in Family Law in California

child support

I plead quilty to PC270, despite the fact that my ex had long since removed herself from the state ( the public defender did not inform me that under such conditions the county had no right to charge me). I have never appeared in court for child support, and paid my ex directly, though I was never in full compliance. After she moved from the state I started receiving notives from the county billing me for support from the day she was born, which seems to imply that she had told them I had never paid. Now the county is holding my driver's license. I wrote the support office and asked for a review and received a reply that non-custodial parents are not granted reviews.

What can I do to challenge the PC270 conviction and the support assessment? Since the woman is out of state doesn't federal law supersede state action?


Asked on 12/30/03, 5:35 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: child support

Federal law can supercede state law. However, in this case the collection of child support is based on federal law which requires each state to collect unpaid child support, for any state in which it is due. Once child support becomes due the court lacks jurisdiction to change it. Your letter to the DA requesting a change in the amount of support may be used to help you as the DA is supposed to be present to protect the public interest.

Credibility of testimony is left upto the judge. The judge can choose what testimony to believe and what not to believe in making the decision.

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Answered on 1/03/04, 12:33 am


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