My jurisdiction is: Shasta County, California
Hello,
I have full custody of my four children whose father lives in Shasta County, California. The kids and I live in Austin, Texas. (He moved back to California after our divorce in 1997.) Beginning in October of 2007, I stopped receiving child support from my ex-husband because he quit his job or got injured and was unable to work. I am still not sure which one is the truth. He did not enter a motion to modify the existing child support order but instead went about his life, ignoring our kids and having a baby with his new girlfriend. Anyway, since October 2007, I have received nothing in child support from him. My case was transferred to California from Texas by the Texas AG's office in Jan 2007.
He recently began working again, (presumably for the first time since 2007) back in April 2009, (didn't bother to tell anyone he was working again, including the AG's office) and child support services in California finally caught up with him. They just started garnishing 50% of his pay this month (August 2009) because he currently owes me over $44,000. I have not even received the first child support payment from his new job and he has already filed a motion to modify the current order in Shasta County based on reduced income and he is asking that the arrears be cleared or reduced to the "allowable amount" (whatever that is) since he was supposedly "disabled" and couldn't work during the time the child support was piling up since 2007. I am troubled because he is lying on the court forms, indicating that the children are with him 35% of the time and with me 65% and making false claims about his monthly expenses, including claims that he spends $700 a month in travel to visit the kids which is totally false. He has not seen his children since August 2006 and up until last week when they starting garnishing his wages, he had not spoken to them or contacted them in any way in those three years either.
My questions are:
1. Can he have the arrears cleared, citing inability to work during the last couple years while said arrears accumulated? It should be noted that due to lack of child support, we receive food stamps and medicaid from the state of Texas. I remember reading somewhere that if part of the arrears include amounts owed to the state for welfare received by the custodial parent, which in this case is medicaid, that the state by law cannot clear the arrears because the money owed to the state for the medicaid would be "taxpayer" money.
2. Even if they lower the current support order, (which I understand since he is making much less now than before) won't they still take 50% of his pay until the arrears are paid off, assuming that he cannot have them cleared?
3. The hearing is in California, which makes it impossible for me to attend. Can I submit a motion for change of venue to the county of residence for the children of the suit? Do I need a lawyer??
Thank you in advance,
TxMom
Hello,
I have full custody of my four children whose father lives in Shasta County, California. The kids and I live in Austin, Texas. (He moved back to California after our divorce in 1997.) Beginning in October of 2007, I stopped receiving child support from my ex-husband because he quit his job or got injured and was unable to work. I am still not sure which one is the truth. He did not enter a motion to modify the existing child support order but instead went about his life, ignoring our kids and having a baby with his new girlfriend. Anyway, since October 2007, I have received nothing in child support from him. My case was transferred to California from Texas by the Texas AG's office in Jan 2007.
He recently began working again, (presumably for the first time since 2007) back in April 2009, (didn't bother to tell anyone he was working again, including the AG's office) and child support services in California finally caught up with him. They just started garnishing 50% of his pay this month (August 2009) because he currently owes me over $44,000. I have not even received the first child support payment from his new job and he has already filed a motion to modify the current order in Shasta County based on reduced income and he is asking that the arrears be cleared or reduced to the "allowable amount" (whatever that is) since he was supposedly "disabled" and couldn't work during the time the child support was piling up since 2007. I am troubled because he is lying on the court forms, indicating that the children are with him 35% of the time and with me 65% and making false claims about his monthly expenses, including claims that he spends $700 a month in travel to visit the kids which is totally false. He has not seen his children since August 2006 and up until last week when they starting garnishing his wages, he had not spoken to them or contacted them in any way in those three years either.
My questions are:
1. Can he have the arrears cleared, citing inability to work during the last couple years while said arrears accumulated? It should be noted that due to lack of child support, we receive food stamps and medicaid from the state of Texas. I remember reading somewhere that if part of the arrears include amounts owed to the state for welfare received by the custodial parent, which in this case is medicaid, that the state by law cannot clear the arrears because the money owed to the state for the medicaid would be "taxpayer" money.
2. Even if they lower the current support order, (which I understand since he is making much less now than before) won't they still take 50% of his pay until the arrears are paid off, assuming that he cannot have them cleared?
3. The hearing is in California, which makes it impossible for me to attend. Can I submit a motion for change of venue to the county of residence for the children of the suit? Do I need a lawyer??
Thank you in advance,
TxMom
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