Legal Question in Family Law in California

Child Support - Need subpoena

I have a California child support case/arrearage against me. I have documented proof of earnings garnishment from my former employer for child support. It shows a total of nearly $7,000 was withheld. I even have a copy of the Los Angeles County court order which specifies the amount per month withheld and where the payments were mailed � directly to my kid�s mother�s home address.

Los Angeles County Child support office does not consider this amount at all. They say they have no record of this amount being paid. Of course, kid's mother denies ever receiving these child support checks. They want copies of EACH CANCELLED CHECK. My former employer won't release them without a subpoena. Can an attorney only obtain a subpoena. I cannot afford an attorney. Incorrect Arrearage plus accrued interest total over $20,000 now. Can I get a subpoena myself? Help please.


Asked on 2/01/05, 4:26 pm

2 Answers from Attorneys
Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: Child Support - Need subpoena

yes you can get a subpoena by yourself.. you do not need to be an attorney. subpoenas are used in the course of discovery in a pending case. Why do you need the subpoena though?... paystubs, W-4, tax returns, old child support statements... all of these things will be able to provide proof of payment. if you cannot afford to hire an attorney there are companies (Catholic Charities in D.C.) who will provide assistance for low-income people.

good luck.

Tiziana Ventimiglia

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Answered on 2/04/05, 3:01 pm
Mona Montgomery Mona Montgomery, Attorney at law

Re: Child Support - Need subpoena

Your pay stubs should have a notation as to how much money was taken out for child support. I assume that when you say "they will only take cancelled checks" you are telling us that you have already tried to provide your own pay stubs, is that correct? This seems odd to me because your pay stubs should be good evidence. Even if you have lost your pay stubs you should have your W-4 forms which would indicate how much was taken out for taxes, etc, including child support. If you have this evidence you can use it to convince a judge that the District Attorney is wrong not to give you credit for these payments. There are Father's support groups around to help you through the system if you cannot afford an attorney.

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Answered on 2/01/05, 4:53 pm


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