Legal Question in Family Law in California

My ex never paid me court ordered child support for over 20 years for our 4 children who at the time were 4,7,8 and 9. Finally he was forced to pay by automatic deduction from his check and I got a fraction of the court ordered amount per month for about a year. Suddenly it stopped and child support services say they are going to start keeping all the money. They even told me he still owes me 80,000 dollars bu the owes them 80,000 too. Why do they get the money before me? also his mother is very wealthy and him and his sister will be inheriting alot of money when his mother dies, shes 94 . How can I be sure to get the money he owe me say if he decides to stop working? cant I get it from his inheritance??


Asked on 1/07/20, 6:42 am

1 Answer from Attorneys

Were you on any form of public assistance while your children were minors? That would be the only reason I can think of that the state would take the back child support when collected. If you received public support, the state counts that as in lieu of child support paid to you and takes reimbursement of that before any balance goes to you. So if you received public benefits over the years in an amount equal to or greater than the support payments you would have received, you would not be owed anything, the debt would be to the state.

If you have not received public benefits while the child support went unpaid, I don't know why the state would say they are taking the money. I suggest you make an appointment with a DCSS case worker in your county to discuss the situation.

As for any inheritance, yes, that can be tapped for the debt, but you have to stay on top of it and move to collect as soon as she dies to make sure you get the money.

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Answered on 1/07/20, 10:16 am


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