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.

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.

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Answered on 1/11/08, 10:23 am

Damian Nolan Law Offices of Damian M. Nolan

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

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Answered on 1/11/08, 12:42 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Welfare Fraud

File an OSC regarding child support.

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Answered on 1/27/08, 5:56 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

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


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

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