Legal Question in Family Law in California
My son got a casual girlfriend pregnant 8 or 9 yrs ago. He signed the birth certificate. Then they broke up and he went back to his previous girlfriend that he had a son with and who he had been together longer with. The previous one he had the recent baby with said she would not file for child support but now after 8 or 9 yrs I guess she filed for county aid and now they are coming after my son for support payments. He must pay for the arrears when she claimed the support and must pay $309 support for the child. My question is if she hasn't filed for child support does the county automatically do it so they can get paid for what there giving the mother? Also, can my son file an appeal for a lower rate? He can only work 24 hrs a week being on SSDI and doesn't make that much, and he has his girlfriend and other child to support. Can they take money from his SSDI? Would it help him to get a lawyer? He can't afford that either and neither can I.
1 Answer from Attorneys
Yes the Dept. of Child Support Services automatically goes after child support when a county reports a parent has gone on public assistance. As for trying to get a lower rate, there just is no way to tell you anything about that based on the small amount of information you provide, and really it's not possible in an internet Q&A format anyway. The child support order should have been based on the number calculated by the Dissomaster software that all the courts use to run the calculations required by the Family Code. But that result is only as good as the information put into the program about such things as income, deductions, other childeren, etc. If the information the county used was correct, there is no real way to change the amount. If anything was not correct, however, he has a right to review. If he thinks the information used was wrong he needs to start by asking for a review by the county office of the Dept. of Child Support Services. They will send him forms he will need to fill out and return within 20 days, along with pay stubs and last year's tax return. If he doesn't do it in 20 days, the review will be denied.