Legal Question in Family Law in California
I pay child support at $1227 a month. My ex owes me $3500 which she cannot pay me. Am I within my rights to credit against my child support payments to her? I can be very reasonable with small monthly credits throughout the year. But I am entitled to my money re-payed.
1 Answer from Attorneys
You should get some type of agreement from her and sign it stating that you would discharge the amount she owes you in exchange for the same amount in child support you owe her. The only problem is that if DCSS is collecting or there are wage assignments in place this strategy would not work. She would need to reimburse you out of the child support she receives. Additionally if she is receiving government assistance then DCSS would not agree to a discharge since they want to be paid back for giving public asistance to your ex.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/