Legal Question in Family Law in California
The mother of my husband�s child asked this question to this site: Is it possible to take legal action against the wife of the non-custodial parent if she is head of household and the sole breadwinner? Father (NCP) voluntarily stays home and cares for their 2 young children. The NCP lives in NC and the mother of the child resides in CA. Mother has an active court order for child support in CA. Child Support in CA has reported to DMV & IRS, but there is nothing else they say they can do. Father does not work, CA has no juristiction in NC. NCP owes over $3000 in back support.
What she is leaving out is that my husband was laid off and is currently collecting unemployment. He also pays child support. She is after the back child support from when he was waiting for CSS to do their job. He could no longer afford the previous amount and after calling every week, it still took a phone call from me and three months before we received the paperwork and then another three months for a hearing.
Our area was hit particularly bad. He has continuously searched for work since he was laid off � everything you can think of. Is it possible that this greedy mother can go after my paycheck when I have two little boys to care for including one with special needs? What about if he is unable to find a job and unemployment runs out? Would she be able to go after my salary then?
Thanks in advance for answering my question.
1 Answer from Attorneys
I would think not because your wages are your own in North Carolina since it's not a community-property state like California. You should repost or consult with a NC family law attorney.
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