Legal Question in Family Law in California
Collection of Arrears Across State Lines
My son's father is over 90 days without payment and is 23,000 in arrears. I was referred to court facilitator for more info on enforcement and collection but you have to appear in person for appt. Legal Aid in Az can't help becaise they don't know Cal laws. I am now unemployed and in desperate need of some support. The father is married and apparently has everything in his wife's name. How can I enforce collection? Where do I get help to do it myself? Would it be better to move my case to Az where me and my son live?
3 Answers from Attorneys
Re: Collection of Arrears Across State Lines
There are a number of different methods to collect past due child support. The facilitators office can assist you in obtaining a wage assignment, including payment on the past due amount. If the father has assets, like a bank account or an automobile that is free and clear, you may be able to get a writ of execution, but that may cost some money. Call me at 1-800-6-4MYKIDS and I can discuss the most effective way to collect the support.
Reply: Collection of Arrears Across State Lines
You will need to locate assets in the father's name, or go after his wages for payment.
Good luck to you.
Brian Levy, Esq.
www.calattorney.net
Re: Collection of Arrears Across State Lines
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://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
If the child support order originalted in California, and one of the Parties and/or the child still lives in California, the case probably can not be transferred to Arizona. It sound like you need an experienced Family Law attorney in the county where the order originated for specific advice and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.