Legal Question in Family Law in California

I am a single mother. My daughter is 14 and her father has never financially taken care of her. $20 here $40 there is about all. Our daughter has always lived with me and I have always been the one to take care of her. Recently, I lost my job as a school counselor as well as health benefits due to budget cuts. I tried to contact her father to see if he could lend some support. He is an over the road truck driver making excellent money. He tells me to go and apply for state aid (which I have never done) because he works for a driver that pays him and will continue to pay him under the table. What can I do to get him to take some financial responsibility of our daughter if he is getting paid under the table.


Asked on 12/05/11, 9:17 pm

4 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

You have been burdened far too long in your effort to solely provide financial support for your daughter. File a support motion requesting child support and a wage assignment so the court ordered support is paid directly by the father's employer to you. Once you secure the support order, contact the Department of Child Support Services (DCSS) in your area to have them assist with the ongoing collection process.

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Answered on 12/06/11, 7:25 am
Michael Schneider Family Law Center

The only problem is that if the father is paid in cash, then a wage assignment will not work. I would suggest you subpoena the father's driving log or subpoena his work records from his employer to prove first that your ex is working.

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Answered on 12/06/11, 8:13 am


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