Van Nuys, CA asked in Criminal Law for California

Q: Can a dv victim request for criminal charges filed against defendant on probation for child neglect failure to support

Defendant has wilfully neglected / abandoned his special needs child. By not providing any support / not paying court order child support since 2021 owes over $30000 in past due support payments he has abilities to pay as he he's his own construction business he also works under fake names to avade wage garnishment court granted supervised visitations since 2014 and he has never attempted to utilize it he has had 0 interaction with his son since 2014 as he stated and I have proof he doesn't want to have anything to do with my son and he stated on probation statement he is in the process of getting married and have his own family in which he did recently got married and has completely neglected his son and all financial responsibilities left to the dv victim court had granted restitution however I did not request any at the time of sentencing can I request the court to add /modify his probation terms to provide support for his dependents? Especially due to child being special needs?

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James L. Arrasmith
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Answered

A: Yes, you can request modification of probation terms in California, particularly when it involves child support and the welfare of a special needs child.

As the victim and custodial parent, you have the right to petition the court to modify the defendant's probation conditions, especially since there's clear evidence of willful neglect and failure to pay court-ordered support. The fact that he's operating a construction business under false names to avoid wage garnishment could be considered a violation of his current probation terms and may strengthen your case for modification.

You should file a motion with the court that originally handled the criminal case, detailing the ongoing neglect, the substantial arrears ($30,000+), and your child's special needs circumstances. Consider gathering documentation of his business operations, recent marriage, and statements about abandoning his parental responsibilities, as these demonstrate his ability to pay while choosing not to support his child. The court typically takes a serious view of willful non-support, particularly when involving a special needs child, and may be inclined to add support obligations as a condition of continued probation.

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