Legal Question in Family Law in California
job change
i am currently living in VA but my ex husband lives in Sacramento. he has not paid cs for 4months, it is court ordered, but i just recently found out through DSCE that he has terminated his job. he has just told me that he is working a commission job. is this better or not when collecting child support? he says that when he gets paid he will send it to DCSE. i thought the employer have ppwrk for him to sign stating he has an cs obligation, and to do a wage assignment. so he says that he is making more money and only spends about 25days out the yr with his son (his choice)our son is 11. can i take him back to court to have the order modified? being that he makes more money. also, is he required to pay the past due amount? and how will the state collect on this? thanks any information from CA will be helpful
3 Answers from Attorneys
Re: job change
Your best approach, prabably. is to give your ex-husband a chance to pay what he owes out of his commissions. However, if this proves unsatisfactory(make sure you keep your own record, independent of DCSE's) you must then have DCSE contact their counterparts out in California for appropriate enforcement action and some mandatory payment arrangement which will eliminate the payor's discretion to pay
on his own.
Re: job change
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry. However, if the order originated in CA, and if your ex-husband continues to reside in CA, then CA has exclusive and continuing jurisdiction. You should contact an experienced Family Law attorney in the county where the order originated for specific advice and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: job change
California law provides for 10% interest on all unpaid child support. If the child support order was made in California it will accrue 10% interest. If the child support order was not made in California then you should have it registered in California to insure that you receive the 10% interest.
To encourage him to pay regualarly you can offer to waive the interest unless he misses a payment then the interest becomes due and payable.
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