Legal Question in Family Law in California

Cnty cannot assign arrears if no court obligation was assigned
I have recently found a case that will help a lot of fathers & I would like to know why they are not being informed. The case is Perry vs. Santa Clara Cty. Arrears can not be assigned via County Welfare before a court order has established a support obligation. Bankruptcy courts also makes it dischargable. Just because the words child support is attached to the debt does not mean it is assignable...It is a trick so attorneys wont fight it. No order. No debt!!!
Please correct me if I'm wrong!!! Thank you

Asked on 4/09/00, 10:16 pm

Matthew Kremer Law Offices of Matthew M. Kremer

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Re: Cnty cannot assign arrears if no court obligation was assigned

Perry does not do exactly that and has been partially overturned by legislative action. Remember that Perry involved a non-welfare case (self).

Fam code sec 4009 was amended effective 1-1-00 to pretty much eliminate Perry restriction.

See also County of Riverside v. Burt, just decided. That opinion is on review, however.

Answered on 4/22/00, 9:55 pm

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