Legal Question in Family Law in California
child support
My son's dad is receving temp disability and has not paid child support for sometime....he owes over $10,000. and has received two lump sums which he has purchased a home and a car....how can I get my back child support...
thank you
Becky
3 Answers from Attorneys
Re: child support
In addition to the options suggested by the other attorney's you can execute your judgment against the car, remembering that it would be sold at auction for a low price and he would recieve the first $2500. If there is a lien on the car, this is not a viable choice. If he is recieving disability from worker's compensation, you can have a wage assignment served on the insurer who can then take up to 50% of the temporary disability and you can place a lien on any permenant disability payment. If he is recieving state disability the local county department of child support services can attach the disability. Talk to an attorney in your county about collection options. Good Luck, Pat McCrary
Re: child support
You could reduce the arrears to a judgment, including principle and interest. Then you would be accruing 10% interest on the whole amount. You could then record an Abstract of Support Judgment in the county where he lives, which would put a lien on the property. Then you could wait until he sells or re-fi's or you could foreclose.
You can cite him for contempt of court. Facing five days in jail for each month's failure to pay support might be a wake up call.
Re: child support
You can either report the incident to the District Attorney's office where they have a special unit that prosecutes deadbeat dads or you can have a private attorney intiate proceedings to collect what you are owed.
Thank you for your question.
Martin