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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110473
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband was injured at work 16 years ago, and the first 3

Customer Question

My husband was injured at work 16 years ago, and the first 3 years of injury and surgeries - State Fund Workcomp was ordered to pay his child support. The order was for $550, and Workcomp paid $153, creating a large arrears plus interest. He is still disabled and now has had 12 back surgeries. CA Child Support is still going after him for that arrears. What can we do?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Have you talked to a lawyer yet?
Customer: Yes, and they say there is nothing he can do. And his ex-wife will not subtract the now over $37,000 that has accumulated since his injury because of that 3 year period.
JA: What advice did they give you?
Customer: None, we will be pro-per and feel we should seek a Hardship for a Judge to consider eliminating this time period.
JA: Anything else you think the lawyer should know?
Customer: Is there a law stating Child Support can't come after the remaining money owed from Work Comp payments? If a doctor bills Work Comp - he has to accept Work Comp's payment and cannot require more from the injured worker. Why not Child Support? That is all.
Submitted: 2 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I do not know what you would expect to do at this juncture though, because support cannot be waived unless the spouse who was to receive the support agrees to waive it. This is why attorneys are telling you there is nothing you can do, the laws are fairly specific and they cannot do what the law does not provide for.

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