Legal Question in Family Law in California

small claims

just recieved a judgment for support, stepson will turn 18 at the end of month.

didnt file till 11-03, child support services were unable to serve his mother untill april of 2004, when sherriff went to serve her at her house they claimed she didnt live there. she was served at her place of employment in april so we will only get support for 2 months.

question is can we file small claims against her from the time we filed in november of 2003 to april of 2004 we know for a fact she still lives at that address.


Asked on 6/09/04, 7:38 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: small claims

No You may be able to go back to the date the motion was first filed. Be prepared to present evidence that she lived at the address where service was attempted. That she lied to avoid service. The court can go back to the date of filing of the motion.

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Answered on 6/10/04, 2:51 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: small claims

Small Claims Court does not have jurisdiction over family law issues.

Good luck to you.

Brian Levy, Esq.

www.calattorney.com

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Answered on 6/10/04, 10:44 am


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