Legal Question in Family Law in California
What is "representation" and, although specifically prohibited, why is it allowe
In California, the law specifically prohibits the District Attorney (DA) from representing either the custodial parent (CP), the non-custodial parent (NP), or the child(ren) in cases not involving AFDC. Why then does the DA represent the CP in such cases? They even go so far as to file property leins, in my case nine (9),listing the County as the petitioner using the same case number as where the CP had been shown as petitioner. I've asked this question in person to a few attorneys and have been informed that it is a matter of "case law." The explanation I been given for what case laws is involves, not what is written but, what some person in a black robe says. Why is spirit and the letter of the law ignored and why are my tax dollars spent for the representation of CPs who are not on welfare?
1 Answer from Attorneys
Re: What is
You've got the law correct, but I think the spirit of the law is that if the DA or other child support agency doesn't enforce child support orders that people with children in their custody will end up on AFDC if orders aren't enforced.
This is solely conjecture on my part. Is there a particular reason you haven't paid your child support as ordered, or filed an appropriate motion for modification of support if the order is outside of the Guidelines law?
Just curious.
Diana Mercer
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