Legal Question in Family Law in California

I have been paying child support for almost 14 years but it is now causing a financial and physical hardship on my family due to work changes since 2001. I had lost my career in 2001 and had no choice but to take what I could for 1/2 of what I was making. I live in TX but my primary support is in CA. I contacted the state several times and argued that I cannot pay what they are asking for due to the wages I make. They stated that since the children live in CA, I have to pay for CA support calculations. This makes no sense at all but went along and did the best I could. TX is enforcing the CA order and set the back-due payments at $250/mo + current support - which was all that I could afford. This was agreed upon in court, signed by a judge, and acknowledged by the OAG's office in CA. Now, and almost $85K in back-due support due to the amount that was being requested (and only could pay 70% of it throughout the years at 50% of my check being attached), there is only one child left and 9 months until the child support is done. However, CA has raised and is enforcing the back-due payments at $850/mo + current support ($450). Even at 55% of my check, I cannot pay the full amount...therefore going into more arrears every month - this has been the case since 2001 which explains the high back-due amount.

I am not in the best of health anymore, am needing surgery on an injured shoulder (has been for almost 2 years), need vehicle repairs, and am on the verge of loosing my apartment due to the financial burden the support order is placing me (and my family) on. They are threatening me with suspending my TXDL (which I drive 40 miles to work each day - no public transportation either), threatening to put me in jail, and take what they can on my assets (all of this is in a letter from the State of CA).

Keep in mind that I have put myself through school (BS/BA), work full-time, am a responsible tech at a large corporation, and take care of my children our here in TX (along with my step-son). My ex in CA has never worked since the day my children in CA were born, has basically lived off of my child support payments with her husband, was ordered to get "gainful employment" by the courts, has been in trouble for trying to pick up my children in CA drunk, showed up to court with a .06BA level, and is now going through a divorce where her husband is requesting child support from her.

Is there some precidence that can be used to protect myself and keep the state from forcing me into poverty, or is there an attorney in CA that could help me. I don't have a lot to give....but I can do do what I can.

Please help...someone....

1 Answer from Attorneys

Related Questions & Answers

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

Looking for something else?