Legal Question in Family Law in California
My sons father have not payed child support for years. He owes child support but because the county had no way to collect the case was closed. He is currently a licenced barber and does not file taxes. He claims that he will never file taxes because no one really has to. He doesnt own anything. Everything is in his girlfriends name, house and cars. Is there a way to collect from him or could he evade child support forever by being a barber? Will I be able to collect for all of the months that he didnt pay? My son is 14.
3 Answers from Attorneys
you can file for contempt to pay child support. Also you can show the transfers are fraudulent and levy against the property.
He obviously has the ability to pay for basics such as food, gas, housing. If you file a motion for contempt, you should also file a motion to set the arrears and a payment plan for the arrears and ongoing support. Ask the court to order him to set up an account where he must maintain 2 months of support payments at any given time and an arrangement where you auto deduct the support. This auto deduction plan solves the problem of not having a regular wage that you can attach.