Legal Question in Family Law in California

Re: Past due child support

You may have the child support agency collect the support at no cost to you. Discuss with them the judge's suggestion regarding the father's parents. I have not heard of this being done but I presume they would have to be joined to the case and served with notice of the hearing before an order could be made making them responsible for their son's child support obligation. The support arrears and interest will eventually have to be paid. Perhaps a letter to the grandparents asking them to pay on behalf of their son with assurances that his account will be credited should be sent before you sick the court on them. They may be willing to help their grandchild as well as their son.

Re: Past due child support

Who at the Family Court told you this? I doubt it was a Judge. If the Judge did tell you this than go for it!

To be quite frank, there is nothing in the code that would allow you to join his parents into the case and force them to pay child support. There is a provision for considering a new spouses income, but that is in a different context.

What "the family court" was probably trying to tell you that the cash value of the benefits that your husband's parents are providing to him can be considered income, i.e., rent, food, clothes, etc.

I would go the the local Child Support Division of the District Attorneys office and open up a case. They will enforce the judgment for you. The bottom line is that you husband has a duty to pay. The district attorney can seek orders suspending your ex's drivers license and even criminally prosecute for non-payment.

I am not located in your area so I would not be able to help you unless you were willing to pay for travel and expenses. If you have the money, I suggest you retain a private lawyer to enforce the judgement and seek a contempt order.

Re: Past due child support

Ms. Simmons has it exactly right. You should take the diplomatic route. Tough, I know, but we all have to learn to be gracious to people we don't like. In addition, here is a link you can look at. http://www.childsup.cahwnet.gov/faq.asp