Legal Question in Family Law in California

suing for back support

My ex is being garnished for current support. He owes me $5200 in back support. My lawyer says not to seek arrears in family court because his income fluctuates so low sometimes that he can continually get current support & arrears lowered by family court judge. Can I sue for this balance in civil court, win that suit, and get a stable monthly 2nd(arrears)garnishsment without it affecting current support? Or at least a lien on his properrty, order to sell?


Asked on 7/12/05, 12:03 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: suing for back support

Most courts use the average income for the last 12 months to determine the amount of child support. Further the court cannot reduce child support arrears. Each county has an agency that enforces child support orders. This agency does not charge for its services. The agency may be slow but the attorenys there know the law quite well.

Read more
Answered on 7/14/05, 1:11 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California