Hollister, CA asked in Divorce, Family Law and Child Support for California

Q: Is there a lawyer that can help fix this ?

After I left my ex and I took the kids with me. Child support started taking my income . I didn’t know she was collecting welfare while we were living together . So I filed to cancel order due to lack of notice and fraud and motion was granted. She moved and started collecting welfare in another county while I had the kids. When she did get the kids they even though they have all the orders for support in the other county . They are charging me from when the kids lived with me . I’ve tried to correct it but they lose my papers Change my worker, threaten me and they consolidated the cases so now it’s harder for me to get any kind of justice .

2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: You need to file a motion with the court (child support court/superior court??) and have an actual hearing, rather than contacting case workers and waiting for them to take appropriate action. While the children are in your custody, you should not be obligated to pay child support. The trial court may determine that nothing is owed for child support amounts that accrue during the period the supported child[ren] are living with the obligor parent. Any arrearages that are accruing under an improper order for support can be deemed satisfied by the obligor's direct provision for the children's needs during the applicable period of time. See e.g. Marriage of Trainotti (1989) 212 Cal.App.3d 1072, 1074-1075; Jackson v. Jackson (1975) 51 Cal.App.3d 363.

3 users found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: it doesn't sound like a PI case....where a lawyer look for negligence AND Damages.

it is more likely a combination of criminal? and Family law.

it sounds like you have been going through the system.

who was your lawyer? what does s/he say?

your lawyer will need much more info. Type up a summary with all the facts and set up a consultation with a lawyer that hopefully does criminal and family law.

2 users found this answer helpful

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