Legal Question in Family Law in California

Child Support Arrears: I have a case against the non-custodial parent in which he is to pay 312 a month for child support. My case has been open since 2002. He has never paid the total amount and is now in the rears. He works as a long-shore-man at the Long Beach port however he has yet to get in permanent. He works maybe 10 days out of each month (if they call his number) and I get about 72 bucks a month. It was my understanding that if the parent does not pay in full and on time after 30 days they will suspend/withhold his ca driver's license, is this true? Also he received a letter from CPS stating that there was a lien on his bank account. I haven't received any money so I am assuming that there was no money in the account, so what good is the lien? Cant he just open another bank account? Lastly, what about income taxes, if he worked but didn't file, would I be entitled to any of that?

Thank you.

Asked on 11/28/10, 8:26 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy
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So long as he is paying something, the DCSS probably will not take any punitive action against him, like revoking his driver's license. Something is better than nothing. What good is a lien on an empty bank account? Hmm, let me see, I suppose it is good for nothing. Can he just open another bank account? Probably, but he would be pretty dumb to open it up in his name. If I were him, I would open it up in the name and tax I.D. number of a trust, that way the DCSS will never be able to find it. If he worked but didn't file a tax return, would you be entitled to "any of that"? I do not know of any law that requires a person to file a tax return if they are entitled to a refund. But if he would file and get a refund, that amount would go to DCSS, and then to you.

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Answered on 12/04/10, 5:42 pm

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