Legal Question in Family Law in California

Re: Welfare repayments

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NOW, IN RESPONSE TO YOUR INQUIRY --

You need the help of a Family Law Attorney, who is familiar with DA Enforcement Actions, and who practices in the county were this action is pending.

Child "support" refers to a support obligation owing on behalf of a child or an amount owing to a county for reimbursement of public assistance paid on behalf of a child pursuant to Ca Fam � 17402. It also refers to past-due support and arrearages; and, for children owed a duty of support, includes "maintenance and education." [See Ca Fam � 150]

Ca Fam � 3900 codifies the general obligation of both parents to support their minor children "in the manner suitable to the child's circumstances." [Ca Fam � 3900] The conception and birth of a child in California provides the requisite "minimum contacts" for the exercise of personal jurisdiction over a nonresident alleged parent in an action to establish parentage or to establish or modify a child support order. Two special jurisdictional statutes in California codify this principle: (1) The Uniform Parentage Act [see Ca Fam � 4905(6)] and the Uniform Interstate Family Support Act [see Ca Fam � 4905(6)]. [See also > County of Humboldt v. Harris (1988) 206 Cal.App.3d 857, 860-864, 254 Cal.Rptr. 49, 51-54--Nevada father subject to Calif. jurisdiction in county's action to establish parentage, fix child support and obtain public assistance support reimbursement (child was conceived, born and raised in Calif.; mother was Calif. resident)]. Ca Fam � 4009 retroactivity limit does not apply in a county's Ca Fam � 17402 action to fix a noncustodial parent's child support liability for public assistance reimbursement. Rather, for cases filed on or after January 1, 2000, the child support/reimbursement order can reach back as far as one year prior to the date of filing the � 17402 petition or complaint. If the DA filed a complaint when the boy was 14, and if that complaint was never dismissed, the DA probably can go back three years from the filing date of that complaint. If the complaint was filed or refiled on or after January 2000, the DA is limited to one year.

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Re: Welfare repayments

Last time I checked there was case law on this issue. If you file bankruptcy, you can have all arrears discharged except those that go back 3 years prior to the first order of support. Let me know if yo need assistance with this.