Legal Question in Family Law in California
Children Grown- Outrageous Arrears
My husband has been paying support for 4 children from 3 marriages who are now adults for the last 20+ yrs in Santa Clara Co. The first case was closed over 12 yrs ago and reopened aprox 5yrs ago with no explanation at $300. The second case the mother was on AFDC and the third support was being paid directly to the mother until 12yrs when she went to the DA and claimed that she hadn�t been paid for 5 yrs which was untrue causing the amount owed to jump to $11000 and my husbands wages being attatched. This mother had also signed a paper signing away her rights to interest which was later for some unknown reason given back to her. My husband had once worked at a job that paid monthly and would pay her cash every payday. He had her sign a paper to this effect and turned in all receipts he had saved through the years (some were lost). This lowered the amount some but not much. The only time he didn�t pay was when he was out of work but that only lasted for a few months at the most. The arrears are now at $2055.70 case1, $6714.62 case2 and $25048.77 case3. What can we do about case1, the interest on case3 and all these arrears. Do we need an attorney? We are in Stanislaus Co.
1 Answer from Attorneys
Re: Children Grown- Outrageous Arrears
You need to hire an attorney.
These cases are very difficult to defend against. The current law allows collection of child support without time limitation. Unfortunagely the courts have not recognized that the ability to collect child support without any time limitation is being abused by moms when they don't get there way.