Legal Question in Family Law in California

I need some help please. I have an order for child support that is automatically deducted from my ex�s pay every other week. On the most recent child support order the judge ordered for 50% of day care and 50% of non covered medical expenses. I have mailed copies and emailed the scanned originals to him. Per the order he has 10 days to reimburse me and however to this day he has yet to send me a cent towards the almost $4000 that would be his 50%. I have paid each bill in full and after I pay it I send him the receipt of what I�ve paid to show him that he owes � of what the receipt shows.

Since my day care is a set amount each week I know to have at least my day care added to the child support order I have to fill out an order to show cause, however my question is, in order to seek reimbursement for all of the receipts that I�ve been sending him what forms to I need to fill out and file? Do I need to take him to small claims court or can I facilitate this all thru the family court?

Thank you for your time in responding to my question.


Asked on 11/27/09, 3:49 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

The best solution for you is to file a motion in your family law case to set the arrears, plus interest that you are owed. At the same time you can ask the judge to include the child care on the wage assignment. The judge will set a payment on the arrears, payable by wage assignment, probably anywhere between $100 and $500 per month, plus include in the wage assignment the estimated child care for each month. In addition, if you hire an attorney, the court should order him to pay your attorneys fees for bringing the motion. There are other steps you should take, and you should hire an attorney. In such a case I require a nominal amount up front since the process is fairly simple. You may call me for a free consultation. Bring your court orders with you. Jurisdiction is in the family court and not in small claims, but that is good for you as it is faster. Good Luck, Pat McCrary

Read more
Answered on 12/02/09, 4:57 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California