Legal Question in Family Law in California
county collects child support vs expenses
A divorce decree states ''child support in the amount of $500.00 per month AND additionally per month considered child support are the following expenses, ie. 1/2 health coverage, 1/2 house payment, etc.'' (an additional amount of $1,200.00/mo) The county will not consider the ''expenses'' as child support and will not collect these amounts. This additional child support is recognized by both federal and state tax as non taxable income. Not receiving these ''expenses'' jeopardizes my ability to care for the child. The divorce decree was presented to an attorney with the county and refused expense recovery. Any ideas? Thank you for your time.
4 Answers from Attorneys
Re: county collects child support vs expenses
It sounds like child support enforcement will only collect amounts not required to be paid directly to you, and not amounts payable to third parties. So, you need to retain an attorney and take him back to court for contempt. You should be able to recover attorneys' fees in the action. He will likely pay as soon as he is sued, as otherwise he would risk going to jail for contempt. In fact, a demand letter from an attorney warning him of a potential motion to find him in contempt might be all you need here. I would be glad to do that for you. If interested, contact me at [email protected].
Re: county collects child support vs expenses
Correction to my first sentence. "It sounds like child support enforcement will only collect amounts required to be paid directly to you, and not amounts required to be paid to third parties."
Re: county collects child support vs expenses
Options may include attachment of wages. Call to discuss. 800-685-6950
Re: county collects child support vs expenses
You have to file an OSC re: Contempt against the father for failure to make child support payments. If the county will only go after limited support obligations, then, you have to file on behalf of yourself. Please consult a local attorney to assist you. Good luck and thanks for inquiring.
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