I live in Wyoming, I have been paying child support to the state of California since 2003. Now CA has told me that nearly all of my payments have been applied to interest only and that I still owe nearly the entire original amount and that they intend to sue me for the entire original amount using the "long arm of the law". I have been told that Fed regulations pertaining to this were changed in Feb 1999. I don't make much and I don't know what to do. Please help me.
State/Country relating to question: California
I have attempted to contact Atty's in Wyoming who say I need a lawyer in CA. Have attempted to contact one there but have no money to retain one
Good morning,I'm sorry to hear of the situation.Well, it is true that all support payments that you make will first be applied to the oldest part of the arrears and the interest and only when you are caught up on the oldest, do the payments actually get credited to the newer support principal. This is simply a fact.While you could retain an attorney, I'm not honestly sure what good it would do for you. You owe the money and that is not going away until it is paid in full. If the amount of principal that you owe is significant, the only way that you will ever pay it down is to pay more than the 10% interest that accumulates on the debt each year.The simple reality is that if you make little, then there is little that they can take from you. Because you live out of state, it is unlikely that the state would extradite you just to hold you in contempt. There are limitations regarding how much of your paycheck they can garnish.Yes, the federal regulations allow for cooperation between the states in collection matters like this. The most that can be garnished from your wages is 25% under Wyoming law. And if you are an independent contractor and not a W-2 employee, there is no employer to garnish from.
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27+ years legal experience. I remain current in Family Law through regular continuing education.
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Not satified. According to Federal statutes The State of California is misapplying the funds that I have been paying for more than a decade and now want to say I have been avoiding my responsibilities and are threatening me with felony charges and you sent back erroneous stats regarding the State of Wyoming.
Good morning,I am confused what you are referring to. The charges against you are coming out of CA, and that is why I discussed CA law with you. To fight this claim of arrears, you will need an attorney in CA---as that is likely where the claim will be files if you are sued for the money.If the money is owed to the state---because the other parent received welfare and state support during the period when the children were being raised, it is possible that you could apply for a compromise of the amount owed. Here is a link to information about this process:
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