Legal Question in Family Law in California
Hello; My name is David. I got married in 1986 and Raymond was born in 1987. In 1989 we filed for bankruptcy and shortly there after divorce Our marriage didn't last 3 years. My child support was 70.00 a week. In 1997 I moved to Florida to help my father out in was down there and we all were in Ohio. I got a Job at the Hilton and my ex-wife help me get the support lowered to 45.00 a week . In Ohio I was making 11.00 and hour working 40 to 45 hrs a week in Florida I was making 6.50 and 37.5 hours a week. I needed to make more money so I started school with the VA. Work and school to help make ends meet. The Hilton said I would have to resign because it would be to hard to to both. I received a letter from (CSEA) stating they were not going to stop taking monies from me. So I went on to school but still needed to work for more money. In 2002 I started to work for Publix Supermarkets work there until Jan 2009. Now after all this time I get another letter stating i owe back child support, why didn't I get this letter in 2002 when I started working for Publix? Why Now I haven't had a job since Jan 09. Can anybody help me I'm on a limited income now $376 from the VA disability and $275 for going to school. Can anyone help me?
1 Answer from Attorneys
I was going to just reject the question, but I decided instead to ask you to repost it with information that is needed to give you some type of direction. I don't even know which state the judgment is out of. You need to post this question in the state where the judgment is. It may have been a case that they have had a hard time tracking you down, but you already knew about the order and knew you owed the money. How much you made at any particular time is irrelevant at this point. Unless you go to court and change the order, you owe what the court says you owe, and whether you are unemployed or not doesn't matter. You still owe the money. Judges are not sympathetic to fathers who go into court claiming they cannot pay child support due to being unemployed, not making enough to pay their own expenses and child support, etc.. As a judge told my ex who didn't pay his child support - "You've been eating, haven't you? You should have sent that money to your kids." You can contact legal aid for the state where the judgment is and see if you can obtain an attorney for free or at a reduced fee to help you negotiate some type of payment that you can handle, but it is doubtful that they will just wipe the slate clean. If you call them yourself, you will likely get nowhere.
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