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 Brina Waxman
Tobie Brina 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.

2 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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.