Legal Question in Family Law in California
Older Arrears Case: Private Attorney vs DA
My Mom wants to try to collect back child support from my Dad. It has been about 20 years since he stopped paying. The DA tried to locate him at the time but couldn't find him. He turned up recently and my Mom just found out there isn't a statute of limitations in her case.
My Mom spoke with an attorney and he said she had a good case. He was too far away from my Dad for him to take the case (too costly). She spoke with someone who suggested going through the DA. Would a private attorney or the DA be the best course in an older arrears case? If an attorney, would a family law or collections attorney be best?
Thank you very much.
2 Answers from Attorneys
Re: Older Arrears Case: Private Attorney vs DA
The DA generally won't take a support case when there are no longer any minor children. Also, the DA is very slow at collecting. Contact an attorney that lives in the county where your Dad lives and find out what he needs to enforce the judgment. If you Dad has assets they may be attached. There is probably a substantial amount owing and it would seem worthwhile to go after. She should also receive interest on the back support that is owed. Good Luck, Pat McCrary
Re: Older Arrears Case: Private Attorney vs DA
try the DA first because you wont have to pay attorney fees.
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