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How do I persue child support arrears once the child ages…

How do I persue...

How do I persue child support arrears once the child ages out?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

It was with the Family Support, but they closed the case once she aged out.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing I can think of

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5/10/2017
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,876
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades.

1. Is this support that was ordered and never paid, or support that you never sought a court order for?

2. By aging out, do you simply mean the child is over 18?

Doug

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Customer reply replied 1 year ago
The support was ordered and paid when he wanted to.
Yes, the child is over 18.

Under CA law there is absolutely no statute of limitations to collect support that was ordered but never paid. While the state will not assist you in collecting support arrears after your child is 18, you have the ability to petition the family law court for a judgment to be issued against your ex for the arrears of support that are still owing and with that judgment you can seek to collect them money---through garnishment of wages attachment of his real and personal property.

You will need to file an Order to Show Cause and seek a court order ordering him to comply with the prior court support order. Here are the forms that you will need to file for this order:

http://www.courts.ca.gov/documents/fl410.pdf

http://www.courts.ca.gov/documents/fl412.pdf

http://www.courts.ca.gov/documents/mc025.pdf

Fill out the top two forms, using the third form if you need an additional page and file the forms with the court, serving your ex with copies.

Here is a link to the instructions for this form:

INFORMATION SHEET FOR ORDER TO SHOW CAUSE

AND AFFIDAVIT FOR CONTEMPT

http://www.courts.ca.gov/documents/fl410.pdf

In your Motion, and when you are at the hearing, you should also ask the judge to issue you a judgment for the arrears.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,876
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
LawTalk and 87 other Family Law Specialists are ready to help you
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Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply asking for me by name, Doug, in the first sentence of your new question.

Thanks again.

Doug

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