Legal Question in Family Law in California

My step father owes back pay in child support, and his youngest just turned 18. Question is can the department of child support servives deducted so much money that he can not survive off of what the leave him, and can the DCSS take money out for alamony?


Asked on 8/09/10, 12:54 pm

1 Answer from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

A parent owes an obligation to support his child. It may not seem fair to collect the money from him after the child reaches the age of majority(assuming the child has graduated from high school), but what about all that time that child had to do without while growing up because he didn't pay his obligations? If he owes that much money in arrears, that he cannot survive on the amount remaining, even without paying a current support obligation, then I feel sorry for that child that had to do without so much - not him. Kids don't live on air, and the expenses they require every day cannot be put off because dad decides he cannot afford it right now, because the courts have determined he can. The mother of that child didn't have the luxury of deciding not to support her child - she had to worry every day about how she was going to pay bills and feed herself and her child without help from him. As long as they are collecting child support, they can collect spousal support as well.

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Answered on 8/15/10, 12:48 am


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