Legal Question in Family Law in California
i am paying child support and raising my son
My ex-girlfriend agreed that I was to raise my son since she was having a hard time with her other two kids; she's currently receiving welfare. She wrote and sign a letter to the Orange County DA stating that she wanted to close the case for child support. A year or so passed and she never received any feedback. I was then informed at work that the DA had put a lien on my wages. I had been rainsing my son ever since he was six months old. My Ex-girlfriend sees him over the weekend; sometimes she'll have him for a week at the most. Currently she has not seen him for the past two months and I'm still being charged with child support. HELP!!!!
2 Answers from Attorneys
Re: i am paying child support
I think you need to go in and petition the court for full custody which should solve the support problem
Re: i am paying child support and raising my son
You need to file a motion with the court. Has paternity been established? Do you have a case number? If so, use that number. Request order for custody and order setting arrears at zero. You should have evidence for the court that the child has been with you. Examples: your address, address of pediatrician, school enrollment and school address, witness statements, statement from the mother. Caution: if the mother has been receiving aid for a child living with you, she could be in violation of law (welfare fraud).
If there is no case number, you would have to file a Petition to Establish Parental Relationship. There must be a judgment, however, since the DA is garnishing your wages.
Be sure to serve the motion on the mother and on the DA.
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