Legal Question in Family Law in California
My ex-husband got a letter from an attorney stating that he doesn't have to pay me any more child support because I receive Social Security disability payments to my daughter based on his disability, even though that was taken into consideration when the child support order was written. Can he just quit paying support because his lawyer writes a letter based on facts that were incorrect (she did not know and he "couldn't remember" that he was receiving disability at the time of our divorce)? There was no notification of any kind of hearing on the matter being set, just that he would not be paying me anymore...and he hasn't. That was 4 months ago.
2 Answers from Attorneys
Court Ordered child support is payable until the Court changes the order. Go to the Department of Child Support Services and initiate a case for collection of the current child support order.
DCSS is one way to go, but they are classic civil servants, so don't expect them to go to any trouble to collect. If there's enough money involved, and/or you can afford it, have an attorney file an OSC re: Contempt of the current support order, which will get him hauled in front of a judge and read the riot act.
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