Legal Question in Family Law in California
a fraudulent mother
I'm a wife of a man who is trying to get help on his child support case.His 9yr.old daughter has been living with us for 2 years now, and her mother(who was never married to my husband) is still collecting AFDC.My husband gets charged monthly! We have both tried to expose the mothers fraudulent activity, but the welfare fraud office, the social services office,& the DA's office do nothing. They always have a different excuse. Now, they are garnishing his wages, and we've had to acquire a loan against our home. My husband got a lawyer, and that was more money we didn't have. My husband and I are scared."They're gonna rip the shirt off of my back, no matter what we do" & everybody just wants more $$$" is how he feels now. No one seems to care about what the facts are? My husband is the best father,and his daughter means the world to him. Still, he should not pay twice! How long before they stop this injustice.How are we suppose to survive? No one cares or wants to hear his side! I am 27 years old, and I feel 50.We are overwhelmed by this & there's no time to enjoy a single day. Our kids surely feel it too, and this is a kind of injustice that I thought impossible. It sickens me, when I see how the system works! Is there any hope?
1 Answer from Attorneys
Re: a fraudulent mother
Were I in your husbands position this is what I would do.
1st: I would determine what if any child support the husband could be ordered to pay. The ex-wife is collecting welfar, thus implying that she has little income. You need to get access to the computer program used in the county where you live to calculates support payments. Then put the amount of your husbands gross monthly income and the ex-wife's gross monthly income into to program and see if your husband would have to pay support. Even though the child lives with you, he may have pay child support if his income is sufficiently high. If the support is higher than he would have to pay then you should take action.
2nd: I would file a motion to modify child support. Further I would request that the court deermine that I had fulfilled my child support obligation by having the child in my custody. Although the court cannot modify child support after it becomed due, it could find that you have satisfied that obligation and owe nothing.
3rd: I would gather evidence of the ex-wife collecting AFDC when the child is not in her custody. This information would be mailed to the Distric Attorney's office; my state assembly representative; my state senator; and board of supervisors of the county in which the ex-wife lives.
You must act quickly as there is a child support order in place and each month that passes before you file that motion a new monthly payment accrues, and cannot be modified by the court.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
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