Legal Question in Family Law in California

Welfare Fraud

My boyfriend and his wife (in California) have been seperated almost five years. For over two and a half years he had custody of his children in Nevada. In the meantime she was collecting Welfare on the pretense that she had custody of the children. Now his wages are being garnished for the welfare she collected during that period. He had obtained all of the school records for the period that he had the children and submitted them to the welfare department, however nothing has been done to reverse or lower the garnishment. Are there some steps that could be taken to show that she has fraudently been collecting money from California?

Asked on 1/10/08, 6:42 pm

4 Answers from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.
0 users found helpful
0 attorneys agreed

Re: Welfare Fraud

Since Welfare has done nothing, he will have to go to court. You didn't say if there was a custody order but since they have been separated for five years, no judge would allow the case to be open for that long without finality.

I am licensed also in California and have three or four cases a year there, so I am familiar with what to do.

Read more
Answered on 1/11/08, 10:23 am
Damian Nolan Law Offices of Damian M. Nolan
0 users found helpful
0 attorneys agreed

Re: Welfare Fraud

The garnishment is probably coming from the California courts. Therefore, you should retain a California attorney to set aside the garnishment.

If you need assistance, please feel free to contact us and ask for Pam. Pam will be happy to discuss the matter with you.


Damian Nolan

Read more
Answered on 1/11/08, 12:42 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law
0 users found helpful
0 attorneys agreed

Re: Welfare Fraud

File an OSC regarding child support.

Read more
Answered on 1/27/08, 5:56 pm
Ryan P. McClure The Law Offices of Ryan P. McClure
0 users found helpful
0 attorneys agreed

Re: Welfare Fraud

You need to go to court and have the wage garnishment set-aside. You need to do this in California and probably need to hire a CA attorney to assist you.

Feel Free to contact me if you would like to pursue this matter.

Good Luck!

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client


Read more
Answered on 1/11/08, 4:44 pm

Related Questions & Answers

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

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now