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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 50505
Experience:  Licensed attorney helping individuals and businesses
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Our daughter has a Deadbeat Dad living in California (Vista

Resolved Question:

Our daughter has a Deadbeat Dad living in California (Vista County-San Deigo), after only 4 months of being divorced. He has fallen behind in support payments adding up to $8000 plus and he continues to tell her that he will pay when he makes money. He is self-employ-ed, lives in a $8000/mo house, drives a mercedes, sends the 7yr old son to private school and basically makes our daughter beg for the payments. She doesnt have the money to pay the rent this month. She is working, but doesnt make enough to cover everything. She has tried reasoning, tried talking about it etc....but gets told she needs to do whatevershe needs to do. He'll pay when he gets paid. But we know he hides money and gets paid in cash a lot. He is making her go through hell. She cant afford a lawyer.

What can she do? We really need to send this guy a wake up call.

Thanks for any help you can provide.
Submitted: 3 years ago.
Category: Legal
Expert:  INFOLAWYER replied 3 years ago.

INFOLAWYER :

Good morning

INFOLAWYER :

where support is not being paid the best recourse is a court order

INFOLAWYER :

The order can hold him in contempt and compel payment and also secure a judgment

INFOLAWYER :

often a motion or threat of it gets the non paying party to find the money

INFOLAWYER :

This can be done with help from the court clerks

INFOLAWYER :

or a lawyer can be used who can also ask for him to pay the legal fees in making the motion.

INFOLAWYER :

I hope that is fast, clear and helpful.

INFOLAWYER :
INFOLAWYER :

If I can clarify anything, please ask me

Customer :

Doesnt he already have a court order to pay from the divorce decree?

INFOLAWYER :

Yes there should be

INFOLAWYER :

but now you are seeking to hold him contempt and a judgment

INFOLAWYER :

it is escalating the seriousness of it

INFOLAWYER :

and the court could have him arrested

INFOLAWYER :

That is the available recourse

INFOLAWYER :

and it is this level pressure that usually serves as the wake up call

INFOLAWYER :

where one is not paying

INFOLAWYER :

I hope that is clear

INFOLAWYER :

when ready, kindly click accept for the answer

INFOLAWYER :

I wish you luck and success with the claim.

Customer :

What are the forms we need to ask for in California to handle this ourselves and not use a lawyer?

INFOLAWYER :

The clerk will give you a motion form which would include a notice of motion and affidavit to hold him in contempt and seeking a judgment

Customer :

One last question, what is her rights in leaving the state and moving to Arizona to live with her mother and father for free, because he isnt paying her, doesnt she have options to vacate the decree or does she have to get a judge to order it? What can the judge do if she does?

INFOLAWYER :

She can indeed ask for that relief

INFOLAWYER :

and if he is not paying the court is more inclined to grant it

INFOLAWYER :

but it should be asked of the court

INFOLAWYER :

rather than her just getting up and leaving

INFOLAWYER :
INFOLAWYER :

If I can clarify anything, please ask me

INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 50505
Experience: Licensed attorney helping individuals and businesses
INFOLAWYER and 5 other Legal Specialists are ready to help you
Expert:  INFOLAWYER replied 3 years ago.
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