Legal Question in Family Law in California

What do I do?

Hello, I have custody of my daughter of whom is now 22 years of age. At 16 she moved in with her father. He was receiving welfare and claimed her on it, unaware of this the state now is sueing me for "back child support". Her father and I agreed to no support while she was with him, since he is the one who has the court order to pay child support since our divorce, of which he has not done often,however since she was staying with him this was waved. Now I am stuck with this order to pay, they are threatening to take my car,personal belongings etc...HELP!


Asked on 7/31/00, 12:00 pm

2 Answers from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: What do I do?

You've got a problem. You might be able to convince a very sympathetic judge or commissioner that the unpaid c/s (from him to you) should be a credit against what you owe the county and that they should go after him. File a request with the county to go after him for what he didn't pay you before the child began living with him.

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Answered on 9/12/00, 7:48 pm
Nina Gohari Law Office Of Nina N. Gohari

Re: What do I do?

First, I like to know when the District Attorney's Office obtained an order against you and second, when were you notified of their claim of welfare reimbursement. If there is a default judgment then you will need to see if they properly served you with a notice. Also, you want to find out how much child support they assigned to you. If father's child support obligation was not reserved then you may be able to sue the father for back support on the initial order.

You may have different options. If you need to discuss this any further then you may call me at 310-839-7700 (Southern CA only).

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Answered on 9/21/00, 7:44 pm


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