Legal Question in Family Law in California

what are my rights concerning child support

My wife and myself have had our daughter removed from us by child services and been through a actual trial. It was determined by the courts that she should not be returned to us. At the end of this trial we were told that our legal rights to the child had been taken away from us. She was then place with grand parents and legal proceedings were taken to obtain guardianship for the grand parents. Consequeltly we had to discontinue her health insurance with our employers and are ordered to not contact the grand parents or the child. This was two years ago, we recieved at our job an order for child support including rears for the child about a week ago. I am contesting this order because how can we be responsible for a child we no longer have any parental rights to? Do we have any legal grounds to contest this order? Apparently the grand parents have applied for public assistance to trigger this support. Can you help?


Asked on 12/07/00, 4:27 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: what are my rights concerning child support

no matter what you are still legally obligated to support your children. That being said if you received an order for arrears you should have also received a summons and petition for child support from the DA. If you did not than you could possibly have that order set aside for lack of service of process. If you did and ignored it than you defaulted. You can still go to a Court to modify the payments or to have get an award for reasonable payment of arrears. In any case you need to get an attorney. If you are in Southern California you may call me for a free telephone consultation at 818-342-8020 x1

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Answered on 12/10/00, 3:19 pm


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