Legal Question in Family Law in California
Child Support...Cal. P.C.270
I never had a support order...divorced in 1991..
My son & daughter spend 196 days per yr. with me.
The L.A. County D.A. filed Crim. charge of P.C.
270..failing to pay support....
As I said NO support order...
Can they do that??
1 Answer from Attorneys
Re: Child Support...Cal. P.C.270
As I understand the law a person can be charged for failure to support a child under the penal code even if there is not a support order.
However, the other parent has a duty to support the child. If the child is with the other parent and there is no support order the other parent cannot collect for your failure to pay support.
In this case as I understand it you have the child(ren) with you over 1/2 of each year. During that time you must provide some support for the child(ren).
Show the Deputy District Attorney prosecuting your case evidence that the child(ren) are with you 196 days per year. That should result in the case being dismissed. If not either hire an attorney or ask for an attorney to be appointed to represent you.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
