Legal Question in Family Law in California
Ex finally found , can I still collect support payments
In February 1972 the judge ordered child support payments of $100.00 a month per each of my 2 Children. My ex husband made 1 payment. He has not been around since. Now the kids are in thier 30,s. One of children has found him, he is still in this state, however he is in a different county than the judgement was ordered. He now owns a home, and has a very good job.
Is it legal for me to collect his now quite past due payments ? If I am able to collect it, would the payments come to me first to dispurse to the children or would the payments be given directly to the children ?
Thank you
Pam
3 Answers from Attorneys
Re: Ex finally found , can I still collect support payments
Yes, you can likely pursue this. Call to discuss, no charge. Don Holben 800-685-6950
Reply: Ex finally found , can I still collect support payments
In a general sense, the Judgment is probably collectable and he owes you the past due support plus 10% per annum simple interest on the unpaid balance. There are possible defenses to the collection of the support. The support is payable to you not the children, and it does not matter what county he lives in.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Ex finally found , can I still collect support payments
Yes, child support collection does not have a statute of limitations. I am sure that you can find an attorney who will handle this for a percentage of the collections or you can pay as you go, which may be better for you. Get a family law attorney, not a collections attorney. Find one that knows collections. You want that abstract of judgment filed in his county of residence before he has notice that you have found him and looking to collect. You should get an abstract of judgment filed in the county in which he lives as step number one. Then you can get a wage garnishment. By the time that you do that you will probably find that he will be very anxious to pay you off. Remember, you are not just owed the child support, you are also owed interest on the payments at the rate of 10% per year. Good Luck, Pat McCrary
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