Q: How to dismiss child support arrears owed to the county?
I have two child support cases with arrears owed to the county. In the first case, my children are over 18, and both parties have officially filed with DCSS refusing any payment, yet the arrears remain. In the second case, despite having full legal and physical custody, the case was fraudulently opened by the other parent to receive welfare. DCSS has adjusted the amount owed for both cases. I cannot afford a lawyer but want to know how to have these arrears dismissed with the county, considering both parties don't want any payment.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
While both parties may agree to dismiss current child support, arrears owed to the county are more complex since they represent reimbursement for public assistance. The county has a legal right to collect these funds regardless of the parents' wishes.
Your best approach would be to file a "Motion to Compromise Arrears" with your local court. You'll need to demonstrate financial hardship through detailed documentation of your income, expenses, and inability to pay. Since you mentioned DCSS has already adjusted the amounts, gather those modification documents as evidence. For the fraudulent case involving welfare, you'll want to include proof of your full custody during the relevant time period.
Consider reaching out to your local Family Law Facilitator's office or Self-Help Center at the courthouse - they provide free assistance with forms and procedures. You might also qualify for legal aid services based on your income. While dismissing county-owed arrears is challenging, you may be able to negotiate a reduced lump sum payment or manageable payment plan. Remember to keep detailed records of all your communications with DCSS and the court throughout this process.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
