Legal Question in Family Law in California
Am I properly represented in my August 23rd court appearance?
My child support is over $98,000 alomost all of that is interest.I have been paying my child support regularly for over seven years now to the calif franchise tax board on time out of my checking account.Now that I have moved back to California the DMV sends me notice that the CSD is going to suspend my drivers lic in Nov.I need it to work here.After meeting with the Child Support officer he told me to go downtown into LA and speak with a facilitator about taking the $51,000 in delinquency down to zero and getting a new pay plan into effect. When I saw the facilitator it was her first day on the job and she set me up with a court appearance on the 23rd of August and stated order to show cause as: Driver's license release:Stay enforcement of arrears.Facts in support state:!.)I request that the court release my driver's license because I need it for work in car sales and 2.)I request the court stay enforcement of arrears because I am unemployed and have no income. Once I begin working, I will notify the CSSD to make arrears payment arrangements.Can I write off the $51,000 like the child support officer said and if so, should I hire an attorney to represent me properly?
2 Answers from Attorneys
Re: Am I properly represented in my August 23rd court appearance?
You are not properly represented because the facilitator's office does not represent you, they only help you fill out paperwork. If you a looking to save yourself $51,000 doesn't it make sense to invest in an attorney to give you good advice. No I do not think you should go to the August hearing by yourself, you should have an attorney who is familiar with dealing with DCSS in LA. Good Luck, Pat McCrary
Re: Am I properly represented in my August 23rd court appearance?
You need to be aware that the facilitator does not represent you - all she/he does is prepares documents.
Regarding the $51,000.00 arrears, it is unlikely that theses arrears will go away. Are you even sure that thwe figure of $51,000.00 is correct? Did they ever do an audit?
In any event, I suggest that you do not go to a hearing without an attorney. We have numerous clients who did just that and then come to us when the damage has been done. I strongly suggest that you retain an attorney to help you. The $51,000.00 may not go away, but at least you'll get a fair shake.
Regards, Damian Nolan
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