Legal Question in Family Law in California

How To Make An Offer To Pay Off Arrears

My husband and I would like to know how to go about making an offer to pay off his back support (arrears). His children are all grown and are from three marriages. Two are AFDC cases which total aprox $1500. The third is a non ADFC but is handled by the Santa Clara Co Family Support and is $18000. It started out at $11000 12yrs ago and even though we have payed as agreed and our yearly income tax taken it hasn't gone down much.

After recently looking over my husband's monthly statements through the years, many show no payment made but yet we have old check stubs showing this was garnished and cancelled checks and MO receipts. We have been paying to the DA directly ourselves for the last three yrs. The family support office has also been reporting that we have been late with our payments when we have not. We have cancelled checks to prove this. When we disputed this to the credit agencies the late history was removed on the first two but not the last which doesn't make any sense since we send in payment for all three at the same time.

We just want to get this paid so we can finally be free of it and for once get to see a tax return.


Asked on 2/15/03, 9:55 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: How To Make An Offer To Pay Off Arrears

Make copies of these documents and then file a motion to set arrearages. This will force the DA to prepare an accounting. Attach to the motion a copy of the the documents showing the payments paid. Retaining an attorney to help you in the preparation of the motion and presenting the case would increase the probability of sucess.

In regard to the AFDC if you can ge the $1,800 and make one payment you would rid yourself of this aspect of the case.

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Answered on 2/18/03, 9:53 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: How To Make An Offer To Pay Off Arrears

if you would like assistance in making an offer to pay off your husband's child support in arrears, contact my office with more information and i will try to assist you so you can go on with your lives as soon as possible.

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Answered on 2/15/03, 10:13 pm


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