Legal Question in Family Law in California
setting aside judgements
i am the sole physical and legal custodial parent of my two daughters who are ages 19 and 20 but at the time were ages 15 and 16.(may 1996). after the family law court gave me custody because my ex wife was constantly in an out of jail and homeless due to the fact she stopped making the payments on our home and let it forclose in light of my giving her 2800.00 per month for spousel and child support and that started since are first filing of the papers in 1992. an attorney,he went spoke with the d.a. and came back and tells me this case is closed. thrown out.another notice from the d.a.with the same case giving me three days to appear in court with all these such documents. so i get to court the d.a. calls my name i go talk to him he tells me go get the rest of supporting evidence give me a call and well straighten this out. i leave call him 3 hours later he says sorry i cant help you . a default judgement was entered against me garnished my wages for 3300.00 month 72,000.00 for arrearages fo past 3 years. i had custody. all support was dropped to zero.by judge help they keep takeing money i will pay whatever it takesto make this stop.
3 Answers from Attorneys
Re: setting aside judgements
You definitely need an attorney. It is very hard to get a fair deal from the district attorney without one, unfortunately. If you are in Orange County, I can meet with you to discuss this. If you are elsewhere, call the local attorney association, such as the L.A. County bar, and they can refer you to an attorney.
Re: setting aside judgements
You have several remedies available to you. You will need an attorney but you almost definately will not be paying support for the time that the children are with you. Estimated cost to handle you case if you are in San Diego County will be from $950 to $2500, depending on procedural history of the case. You will need an attorney and it will cost you much less than the $72,000 that the DA says you owe. Good Luck, Pat McCrary
Re: setting aside judgements
You will need an attorney to help you deal with the DA. Given the information you have provided you need to get into court right away to handle this.
If the case is in Santa Clara County you can contact my office at 408-287-8484 to schedule a free one-half hour consultation.