Legal Question in Family Law in California

Re: Motion to Determine Arrears

I prefer not to comment on CA law. However, the magnitude of a possible civil judgement which you seem to contemplate would indicate that you must contact a CA attorney. For that you might try the Bar Assn. lawyer referral service for the jurisdiction in which that Court lies.

Re: Motion to Determine Arrears

Unless there are other matters outstanding, it is highly unlikely that you will be arrested.

However, you should be aware that the likelihood of the Department of Child and Family Support Services (DCFS)filing papers to protect your interests is, to say the least, slim. You need to protect yourself and I would strongly advise that you contact and retain the services of an attorney.

This office regularly deals with the DCFS. If we can be of assistance, please feel free to contact us. In any event, you should contact an attorney here in California.

Good luck and best regards,

Damian Nolan

Re: Motion to Determine Arrears

Unless a warrant has already been issued for your arrest, it's very unlikely that you would be arrested(assuming there are not any other matters outstanding which you haven't mentioned) if you made an appearance at the hearing to determine your arrears.

I would, however, say that it is not quite correct to suggest that the LA Child Support Department has filed a motion to determine arrears on your behalf as it's not very likely that this agency would in any be way be acting in your behalf. If they are acting in anyone's behalf it would most likely be for the mother and/or for their own agency which is responsible for recouping public assistance payments from persons responsible for the support of person(s) receiving such assistance.

I, also, do not want to suggest that the California agency would necessarily be acting

unfairly against you in making these arrears determinations. However, if there are ambiguities in your payment record or other records concerned

with this matter, this agency, not specifically being your advocate, would in all likelihood argue

for the position which resolves the ambiguities

in a manner that would not be in your favor, meaning,as a practical matter, higher arrearage determinations, rather than lower for you to pay.

Therefore, considering the foregoing, you may wish to appear yourself in this matter and, also, consider retaining a Californis attorney to appear with you to ensure that all of your rights are appropriately protected.