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Trying to help father. No longer a resident of California. Divorced his wife in 1994, had a child, was paying support up until he was shot. Now child is 24, but DCSS says he owes 23K in back support. Are garnishing his SSD income $600 [possibly $612 per month], even though he only gets 932 per month. Somehow this does not seem right. Can't seem to get anyone to help, no paperwork. Court system shows abstract of support judgment issued back in 2004, but no paperwork is available. I am on east coast, have no idea how to help him or even where to start. But he can not live or survive on $300 a month...
Submitted: 470 days and 9 hours ago.
Category: Family Law
Value: $15
Status: CLOSED
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Optional Information
riverside, California
Already Tried:
I have tried to call DCSS but they won't speak with me. I tried to call the original attorney handling his case and the case is too old. My father is an absolute mess. He is no longer in CA, but the state he is in has taken his driver's license away and they are now going to deduct $600 per month from SSD. He got a letter in October saying they were deducting $200, but now they changed their minds. I have no idea how to proceed. He was never served any papers. The divorce went through in 2004 and was "bifracated" [sp]. As far as I can see from the paperwork, there is no judgment regarding child support but I would think there would have to be for DCSS to take money out. Can they actually put someone in poverty status to pay this obligation? Also, if you can advise me of what to do now, please send me your regular rates, I am not an attorney and definately not qualified to handle this mess; I just want to help and need some immediate advise and direction. Thank you in advance.
Accepted Answer
They can take part of his SSD to satisfy child support but they are generally limited to no more than 50% of his income. There has to be an order of the court issued to get this amoutn and you can go back to the court and ask them to lower it based on his circumstances.
We are not allowed to take cases or make referrals from here but I can tell you to contact legal aid or to contact the state bar and see if anyone in his area does pro bono work.
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Expert:
JD 1992
Pos. Feedback:
98.0 %
Accepts:
969
Answered:
12/2/2008
Lawyer
Began practicing Family Law in 1992
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