Legal Question in Family Law in California
False Allegations
I am writing in for my fiance. He is in a messy battle with his ex-wife. She recently went to the department of child support services and charged that he had not paid her child support for the past year and a half. Upon reciept of the letter he went in and provided the case worker the appropriate cancelled checks that proved he was not only current but due to a step down in monthly payment amount is slightly ahead. He is selling his home and found he has a lean on his property. When he went to have it resolved because he had the proof they needed he was told that there was nothing they could do. So, two questions; how can he get the lean removed? How can the ex-wife make a false allegation and not be held accountable? What can he do?
2 Answers from Attorneys
Re: False Allegations
This situation is the reason that I recommend that all child support payers retain proof of payment in a safe deposit box. Banks retain records for only a period of 7 years. I was involved in a similar case where the claim of non payment went back 11 years. My client could only provide proof of payment back for 7 years. Because he had been in arrears for prior to the 7 year period, the court found her claim to be valid and issued an order setting arrears.
Re: False Allegations
He needs to file a motion with the court to set the amount to be paid on the lien, which appears to be nothing. She can be held accountable by the court by requiring her to pay his attorneys fees and any damages for the false claim. Good Luck, Pat McCrary
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