Legal Question in Family Law in California

Denial of Drivers License

I have a court order withholding child support from my paycheck on a weekly basis. The order has been in place for 8 years. Prior to the withholding order, I was paying my ex directly. She agrees that I am totally up to date on my payments, however the DA office reports that I owe $3,600 in back support + $4,000 in interest. I was recently denied the renewal of my driver's license by the DMV because of this. How can I get around it?

Also, my income has gone up about 30% since the order was placed, but I also have remarried and have 3 more children and can barely afford the $420 mo. withholding. - can this amount be modified?


Asked on 7/15/99, 7:22 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Denial of Drivers License

Child support can be modified when there is a significant change circumstances. The 30% increase in your income would qualify as a significant change. The three children from your second marriage would also be a change in circumstances.

Also your ex-wife's income should have gone up during the past 8 years. You need to determine how much she is currently earning. Then contact an attorney regarding the possibility of an increase in your child support. Child support is now determined by a computer program.

Get a written statement from your ex-wife that you are current on you child support. Then contact the district attorney about the arrears. With the statement from the ex-wife the district attorney should be willing to release your driver's license pending an investigation of the source of the arrearage.

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Answered on 7/26/99, 2:10 pm


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