Legal Question in Family Law in California

Hi, I live in California and in 2005 I was behind in my child support payments. In January of '05 I was able to pay off all of the arrears but they kept taking too much out of my paycheck for approx. 3 months. After repeated calls they finally dropped it down to what I was supposed to be paying and ordered an audit to see how much I had overpaid. During said audit they called the custodial parent and asked her if I owed her any more money, knowing that the big checks (tax return interceptions, etc.) were going to stop, she lied to them and said that back in 1997 when we briefly reconciled that I never moved back into the home when in fact I did. They went back to '97 and added the suspended (at her request) payments plus 10 years of interest to the tune of $10,000. Between '06 and august of '08 I made several trips to the court facilitator and the court in L.A., I was given jackson credits for the suspended months which should have cleared up all the arrears but they would not give me credit for the interest, back to court we go. In August of '08 we were supposed to go in front of the Judge but the mother did not want to go before the judge so in the mediation she admitted that the child support people made a mistake, as opposed to her admitting that she had lied and the mediator stopped the child support and satified all of the arrears. The original support order was to stop in July of '08 anyway. To date, I have overpaid $8,200. I filed in small claims court in august of '10 and the commissioner said I was in the wrong venue and dismissed without prejudice. I've asked the child support office for the transcripts from the mediator and all the paperwork from the case and they said I had no right to have this paperwork, is this true??? Do I have to go to Superior Court to subpeona these records. I am currently working on filing in civil court against the mother for fraud and I would like to have these records to prove my case. Please help if you can.

Asked on 5/04/12, 9:55 am

Gary R. White Burton & White

0 users found helpful

0 attorneys agreed

You are wasting your time working on a civil action. You need to return to Family Court and get this all straightened out.

Answered on 5/04/12, 1:57 pm

Keywords

Match Any Match All

Country

State

Area of Law