Legal Question in Family Law in California
child support
I work 2jobs/min wg. I have 2 for suppt and one I had for support but he came to live w/us 4 yrs.ago I notified DA he did, but they kept asking for support and know want $1000 per mo and show $27000 in back support, which I have tried to correct for 4 yrs now. I dont make this much net in one month! and this is for the child that came to live w/us! I have 2 others besides. I went to talk to DA and asked them how it is If they made mistake and kept sending $ to son's mother, why should I pay. They say I owe it to them anyway, and want all my check.I've a wife and child now (other kids are from relation.not marriage)Can they do this? How can they ask me to pay more than I make and garnish my check to do this? Is this legal? should I see an attorney? My job also was honoring the garnishment, and I have proof they collected for last 2 years but DA says I have not paid in 6 months, and want me to send $100 per month to make up the 6 months behind, instead of them trying to find out where the $3000 they were paid by garnishment went! Should I do this? It does not sound right, and I need help!
4 Answers from Attorneys
Re: child support
Dear Inquirer:
Nothing herein shall create an attorney-client
relationship, unless a written retainer agreement
is executed by the attorney and client. This
communication contains general information only.
Nothing herein shall constitute an attorney-client
communication nor legal advice. There likely are
deadlines and time-limits associated with your
case; you should contact an attorney of your
choice for legal advice specific to your personal
situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general
information about California Family Law, as well
as information about me (education, experience,
et cetera) and my office (location, hours, fees,
policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
When your circumstances change (kid comes to live with you),
you must go back to court and ask for a modification of
your support obligation. Any deal made with the DA probably
is not binding. In dealing with the DA the more
personal contacts you have, the better. The Support Division,
in most CA counties, have thousands and thousands of cases.
THerefore, it is up to you to go to court and get the modification(s)
you are entitled to. See a lawyer who has handled lots of DA cases.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: child support
1. Contact the local county Bar Association to seek free or low cost legal assistance in this matter. San diego, as an example has free assistance.
2. Do no delay, each month adds perhaps another erroneous charge, or paymnent, plus interest.
Re: child support
You will need to file a motion with the court requesting the court to order the District Attorneys' Office to prepare an audit, obtain credit for the child that lived at your home, and on proof of payments of child support. I suggest that you hire an attorney to comply with the audit requirement and further legal arguments. If you like assistance you may contact my office at 310-839-7700.
Re: child support
I have found that unrepresented persons are treated very poorly by the D.A.'s office in child support issues. They won't listen to anything. However, I have been successful negotiating acceptable arrangements for my clients with the D.A.'s office. Please call me directly at (619) 222-3504.