Legal Question in Family Law in California

Child support-DA

I have a 8 yr old son.My ex and I have been seperated for 4 years when we seperated we both had attorneys.We had a court order that said he must pay 359.00 plus provide medical,child care was not figured in at that time due to the fact I didn't have a set schedule.But he was ordered to pay half.WE have joint custody.As of May C.P.S. got involved cause he bruised up my sons face he lost all visitation.Till he decides to coporate with cps.I was told that I should go to the DA office and open a case.I know that he brings in close to 3000.00 a month but I have a problem how do I prove it? He gets paid under the table.Also,he has rental propertys,but they are being rented to his family.Once again I have no proof and unfortunatley I don't have the funds to hire an attorney.He hired an attorney to fight cps for his visitation. Please help me. Thanks.


Asked on 5/31/01, 12:53 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Child support-DA

You should proceed to collect the child support that is owed to you, including one half of your child care expense. You should contact an attorney that practices in the county that your child support order is filed in. He can give you advice on how to collect the child support and also how to prove how much he makes. There is not a one-size-fits-all answer to that questions. Before filing any motion or telling him that you intend to proceed, file an abstract of support judgment. If he has real property that will attach a lien to all of his property and he will not be able to refinance or sell his property without paying you off. You have some remedies, but it looks like you need an attorney. Many attorneys will take a small downpayment and ask the court to order him to pay the balance. Good Luck, Pat McCrary

Read more
Answered on 6/27/01, 1:12 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California