Legal Question in Family Law in California

$20,000+ in arrears

The NCP and I both live in Calif. The father has an order to pay $44.00 a month but pays $100.00 each month to go towards the arrears that had accummulated back in the 90's. NCP does construction, but undocumented, He does not file tax returns as well. I pay for all medical benefits for our son through my work and pay day care. The $44.00 order is from a few years ago when I lived in New Mexico and could not attend the hearing. When I call the D.A.'s office they tell me it will even go lower since I am working and he is not. I live in San Diego county and he lives in L.A. county and our child support case is in Orange County (case initiated there). I would like to know how to change the venue to the county where I reside now. What happens to the arrears when I close the case (you have to close the case to change venue they tell me)? I would really like to get my arrears! The father has money but transfered his assets into his mother's name a few years ago. He lives with his mom and dad and is 56.

Carrie Brady

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Asked on 9/22/06, 8:43 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: $20,000+ in arrears

It would appear that you are receiving some bad advice. The court can order the case moved to the county in which you live. Or you can go to the department of child support services in that county and ask for a case to be opened. The arrears will not disappear just because you moved the case to another county. In regard to child support, if he has no contact with the child it is probable that you will pay little of any child support. Also the court should him to find employment. You should explain that he works for cash and has transferred all of his property to his parents. You should check the title of this property to see if you can show that he once owned the property. Experienced counsel can help you to get a good result. However, that attorney would have to review the facts of you case and review all of the available documents.

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Answered on 10/04/06, 10:10 pm


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