Legal Question in Family Law in California
Fraudulently Modifying County documents
My husband received an earnings withholding order from his former wife. Up until this last year, he hasn't paid any due child support to her. In her claim, she states that he owes her an amount of $33,000.00. When calculated with interest, it is the total amount that would be due to her in the event that she hadn't received a single dime since the divorce was final in March 1994. The child support amount was agreed upon both parties. She sent him County document with all of the legalities as to where the money should be sent, but where the district attorney's address was, she blacked it out, and modified it with her own address. She received a check directly from my husbands employer every month. We have proof, but, what can be done about her modifying the forms, not claiming the amount received, and then filing a document stating that he owes her all of these arrearages?
1 Answer from Attorneys
Re: Fraudulently Modifying County documents
File a motion to set arrears, if any, and to modify wage assignment to reflect true facts. Also seek sanctions under Family Code section 271. Before you file motion, see if ex will voluntarily agree to new order reflecting no arrears.