Legal Question in Family Law in California
Illegal Child Support Order
I recently found out that my ex-wife has a order of support against me in the amount of $1750 per month. I was never informed that there was a court date or that she needed more money than what I have been sending. She has informed me (after I called her to see what this was all about) that she went to the court and told them that I made $8,000 per month and they came up with this amount of support. I am at a total loss how the court would do this without any proff from her that I make that amount.
BTW I do not make anywhere near that much. In fact I am in the military (low ranking) and they are now taking money out of my pay.
From what she has told me, this order is now nearly a year old and I owe many thousands of dollars. Being that there is money being deducted out of my pay every month now (half of my pay which only comes to $700per month...half of $1500), can an arrest warrant be issued for non-payment because all of the money that is now in arrears, even though my pay is being deducted and technically I am paying? I am going to have to return to California to handle this but I worry that a warrant is out for me for this mess. Am I ok because I am actually paying (by garnishment), but much less than the order?
4 Answers from Attorneys
Re: Illegal Child Support Order
It is highly unlikely that there is a warrant for your arrest at this early date. You should hire an attorney to set aside this order. That should be a simple matter but you are limited to making your motion within a "reasonable time" but no longer than 6 months. If you hire an attorney you will limit the time you will spend traveling to court. You do not need to be in California to begin to set aside this judgment. Good Luck, Pat McCrary
Re: Illegal Child Support Order
It is very important that you act now not later on this issue, you should find a lawyer that practices near the court that she filed for support in, this will save you a lot of money in travel time. If she filed false documents it might even be possible to recover some of your attorney costs. Let me know if you need help in determining were the action was filed in California. Good luck.
Re: Illegal Child Support Order
I am aware of no lawful way that an order of child support can be entered against you without some sort of notice (actual or constructive) to you. Obviously you need to hire an attorney right away to clear this up. Every month is another obligation on your part. Call a family law attorney in your area asap.
Re: Illegal Child Support Order
Your question comes up as a CA and TN State issue. Did your spouse get the judgement in California? If you spouse got the judgment in California you may call me for a free consultation at 818.739.1544 my website is www.divorce-legal.net
If this has nothing to do with California than I cannot help you. I am a California lawyer.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
