My husband owes $75, 000 to the State of California in child support arrears and our attorney have offered a compromise to the state of California but the child support agency denied it without sending the application to the State. We would like to pay it off. At present, we are willing to offer about $25,000 to $35, 000 in cash. The Los Angeles office of child support is of no help to us. I think our attorney does NOT know what he is doing as well. We have already taken the case to State Hearing but the judge said the Court of State Hearing has no jurisdiction over compromise of arrears to the State. All this money is owed to the state and not to the parent.
2007-08-17 11:59:51 · 11 answers · asked by Errolyn27 3 in Politics & Government ➔ Law & Ethics
The child's mother committed welfare fraud and my husband does not want to bring it up in court. He was trying to get "Jackson Credit" because the child was living with the both of them while the mother had welfare sending checks to the grandmother's home. The interest is about 40K. All this money was welfare to the mother, which makes it the State of California’s money. I personally think the mother should go to jail, but ..........
2007-08-25 11:29:02 · update #1
The child's mother committed welfare fraud and my husband does not want to bring it up in court. He was trying to get "Jackson Credit" because the child was living with the both of them while the mother had welfare sending checks to the grandmother's home. The interest is about 50K. All this money was welfare to the mother, which makes it the State of California’s money. I personally think the mother should go to jail, but ..........
2007-08-25 11:29:34 · update #2
What it could be is to offset the welfare costs and his ex may have been on public assistance.
Also, non payment of Child support is a crime. Therefore the state maybe correct in saying it is owed to the state, but it will really be funneled to the parent.
It sounds to me that your husband is on the hook. Also, Child Support (CS) can't be discharged in bankruptcy, no matter what. It follows on to the grave and beyond to the estate.
What puzzles me, is he has $35K to give now, why is he so far behind in CS? I know there are many reasons people get behind of CS, I did and learned the hard way. I was simply mad at my ex for withholding visitation and thought I was in the right. Visitation is a civil matter (I think it should also have the same weight as CS but non payment of CS can affect the welfare rolls, so when it comes to money, that rules over visitation.)
Child support laws are draconian in many instances. The law has a one size fits all attitude. Makes it a hell of a lot easier to enforce rather then looking at the individual merits.
Good luck to you.
Peace
Jim
.
2007-08-17 12:15:22 · answer #1 · answered by Anonymous · 0⤊ 1⤋
California Child Support Arrears
2016-11-02 22:35:50 · answer #2 · answered by mota 4 · 0⤊ 0⤋
Child support and alimony is not owed to the State of California, it is owed through the State to the custodial parent who is actually paying to raise the child. The only jurisdictions that apply are the court where the couple got divorced, which ordered the support in the first place, and appeals from that court to higher courts by the local rules. The only settlement is to be made with the parent to whom the money is actually owed. If you can get the other party to agree to the amount, and have the family court where the divorce took place approve, the State loses its cause for action. Otherwise, you pay to the State what the court ordered you to pay, period, and the State pays it, minus their processing fee, to the other party. If, somehow, the State paid the child support to the other parent out of State funds, thus taking care of the unsupported family but racking up a bill, you are totally out of luck. You owe what you owe. No deals.
2007-08-24 00:27:48 · answer #3 · answered by vdpphd 4 · 0⤊ 1⤋
Worse that could happen is the state you owe would contact the state your in and have them set up payments.Due to hardship,doubt it would be much.No they won't arrest you in the state you live in and doubt the state you owe would spend thousands to collect $650. You might google the state you owe and see if they offer a program called C.O.A.P.,this program would drop the welfare debt to 10% of what you owe to zero.Worth the time to research it.The state you owe can charge 10% a month for the $650.00.
2016-03-17 01:35:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
California Family Code section 17560 is the law that allows the State to consider offers in compromise. Find it here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=17001-18000&file=17500-17560
The department can settle the case whether it is owed to the state or to the other parent. But your offer must be for the full amount that you able to pay based on your current income and assets. So, if you have $75,000 sitting in the bank or that much equity in your home, you will have to pay $75,000 and the department will not accept any less.
2007-08-21 15:27:30 · answer #5 · answered by raichasays 7 · 1⤊ 0⤋
There has been certain limitations on how much the agencies can reduce the claim on a lump sum settlement. Do you have an attorney that does lots of this kind of work? Not may attorneys do it, settle child support with counties. Ask more questions to these lawyers.
My column
http://www.associatedcontent.com/user/99686/michael_harrington.html
2007-08-17 13:02:21 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I have no sympathy for you. You chose to marry a louse who refused to pay child support. Even if the money goes to the state, I think they give it to the mother. If your husband felt that the amount of child support was too difficult for him to pay or too high, I'm sure he could have appealed and gone back to the court and be given a fair hearing.
I know with parking tickets in NYC that if you don't pay after a certain time, they enter a default judgment against you and you can no longer appeal. You need to pay the fine first before appealing the decision. So it makes sense that your husband can't appeal, and he is just getting what he deserves now. Were you telling your husband that he had an obligation to pay what he owes before the state went after him? Why aren't you telling your husband to pay $25,000 or $35,000 right now if that is all he can afford? Or do you think it is right for him to stiff his children?
If you weren't aware of all this when you married him, I apologize for my harsh comments, and think you should get a divorce and make sure you get your fair share.
2007-08-25 11:17:09 · answer #7 · answered by Alan S 6 · 2⤊ 3⤋
the state does not compromise. you will have an easier time paying the IRS 10K instead of 20K in back taxes then you will paying CS less then what you owe. they don't negogiate. i think your attorney is wasting your money.
unless there is a reason why you should have to pay less then what was court ordered at the time of the last hearing, the court won't authorize less money to be paid
2007-08-17 15:44:30 · answer #8 · answered by Isabella S 4 · 0⤊ 2⤋
The cash you're offering will make a huge dent - but you'll still owe the rest.
2007-08-17 12:08:09 · answer #9 · answered by Anonymous · 0⤊ 2⤋
If the deadbeat dad had been taking care of his children in the first place he wouldn't owe anything would he. Pay the money. To bad your stuck, but they are his children, right?
2007-08-25 06:02:54 · answer #10 · answered by curious connie 7 · 2⤊ 3⤋