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M

MrNatural

Guest
What is the name of your state? Oklahoma

In 1998 My then wife and I divorced. She fled to California with our baby daughter after sheran up massive debt. I was left with said debt and all the bills. No big deal...I tried to pay them off. After 2 months, I went out to try to work out our problems. The reconcilliation didn't work....I went back to Okalhoma to find a divorce decree waiting on me. Before the decree was final, I lost my job. The courst then enacted a 500 dollar a month Child support arrangement in my absence, I didn;t have the money to go to california on the courst whim. I did go out for a child custody hearing, but it was cancelled when the mother didn't show up.

So needless to say, I was in a financial bind...I could make the payments because I was out of work...CAlifornia and Oklahoma Living standards are much different, that 500 dollar payment ended up being once I was employed again almost 75% of my take home pay...I couldn't make the payment...I didn;t have the moneyu to go to california to challenge the order...I was caught...I can hear the Ex giggling in glee.

In 2001, I finally got a job that allowed me to start making payments again. I made payments from MArch 2001 to present. But in that time frame My back child support plus intrest blossomed to 18K...NOw I'm trying to figure out how to pay this amount off.

I want to pay what is mine, But someohow, I don;t feel I was treated fairly by the california courts...do I have any recourse in regards to the arrears? I'm not a criminal, I want to do what I can...but it seems as if the CA courts are dead set against me.

Andto top it all off, My ex refused to allow me visitation during the whole time period...so now my child doesn;t even know me...

Any help would be appreciated.
 


topsidder

Member
Try It

The absolute best website for CA law is: www.jprlawcorp.com

This site is filled with excellent advice, honest answers, and the ever popular dissometer. And, if they cannot really answer your questions, they will direct you to those who can.
 

VeronicaGia

Senior Member
MrNatural said:
What is the name of your state? Oklahoma

In 1998 My then wife and I divorced. She fled to California with our baby daughter after sheran up massive debt. I was left with said debt and all the bills. No big deal...I tried to pay them off. After 2 months, I went out to try to work out our problems. The reconcilliation didn't work....I went back to Okalhoma to find a divorce decree waiting on me. Before the decree was final, I lost my job. The courst then enacted a 500 dollar a month Child support arrangement in my absence, I didn;t have the money to go to california on the courst whim. I did go out for a child custody hearing, but it was cancelled when the mother didn't show up.

So needless to say, I was in a financial bind...I could make the payments because I was out of work...CAlifornia and Oklahoma Living standards are much different, that 500 dollar payment ended up being once I was employed again almost 75% of my take home pay...I couldn't make the payment...I didn;t have the moneyu to go to california to challenge the order...I was caught...I can hear the Ex giggling in glee.

In 2001, I finally got a job that allowed me to start making payments again. I made payments from MArch 2001 to present. But in that time frame My back child support plus intrest blossomed to 18K...NOw I'm trying to figure out how to pay this amount off.

I want to pay what is mine, But someohow, I don;t feel I was treated fairly by the california courts...do I have any recourse in regards to the arrears? I'm not a criminal, I want to do what I can...but it seems as if the CA courts are dead set against me.

Andto top it all off, My ex refused to allow me visitation during the whole time period...so now my child doesn;t even know me...

Any help would be appreciated.
First, a link to CA Family Law: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20

Second, so that you know in the future, you do not have to go to court for child support, you can hire an attorney in CA to do that for you. However, you cannot modify a support order retroactively; meaning you cannot now ask the court to change an order from years ago.

If you have court ordered visitation, you must exercise it. If she denies you visitation, you can take her for contempt. However, now that it has been six years since your court order, CA will require that you have a reunification period, meaning it is unlikely they will send the child to you after all this time. Really, you let this go way too far. As soon as you lost your job you should have filed for a modification of support.

The longer you let the back support sit there, the more interest it will accrue. You have no recourse against the city, county or state. Since you didn't go to court, have an attorney represent you or even try to get the court date changed, she won her support award by default. It's way too late to change it now.

Read up on CA law and be better informed for when she files for a modification, or when you file to have support modified. Realize that CA takes into account both parents income AND visitation.
 
M

MrNatural

Guest
"you can hire an attorney in CA "

So when I didn;t have the money to hire a lawyer, I was at the mercy of the california court.

That has to be illegal. If I'm poor(which I was) I have to simply lay back and enjoy it.
 

VeronicaGia

Senior Member
MrNatural said:
"you can hire an attorney in CA "

So when I didn;t have the money to hire a lawyer, I was at the mercy of the california court.

That has to be illegal. If I'm poor(which I was) I have to simply lay back and enjoy it.
Family court and criminal court are two different issues. If you were in criminal court, an attorney could be appointed to you. However in family court, either you attend, your attorney attends, you both attend or you find out how to request a telephonic hearing and hope a judge allows you to call in. Just not showing up means you lose by default.
 

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