Legal Question in Family Law in California

Childsupport Arrears: I just received a OSC for modification of childsupport. I am the plaintiff in the case. The NCP owes over $114,000 in arrears.($85,000 is owed me.) He filed this motion on the day of a contempt hearing. (this is his 3rd contempt) This current contempt has been going on for 2 years now. He is currently ordered to pay $450.00 a month towards those arrears. He only pays on his court days.(not in full). Now he wants to lower the amount, crying poor me! The DA sent me a response and an income statement to fill out. QUESTION: Does my current income need to be taken in consideration being my kids are now 22 and 25 and on their own. This is for arrears only. There is no order for current support. Am I correct in saying he should be paying at least the interest in these arrears? This is with the Santa Clara County Childsupport Division in California.

Asked on 3/16/10, 11:47 am

1 Answer from Attorneys

James Chau Law Offices James Chau

You are correct in being questioning the need for your current income since there is no current order for support and the issue is simply collection of arrears. I would suggest you go forward with collection of the past due support. You should investigate all sources of income and assets to make sure that there are no assets that you may be able to collect on. There are many resources out there for self help individuals. The local court house would be the first place to start. Good luck.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

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Answered on 3/21/10, 8:34 pm

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