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how to collect CA spousal support arrears

Asked Jun 22, 2012, 01:39 PM — 8 Answers
I have been in prodeedings for 3 years now and even though I am the petitioner, I filed the summons and petition. I have been present 33 days in court all on baseless motions. A judge ordered temporary support and Resondent is in arrears seriously. My attorney never followed up on getting wage assignment for arrears, therefore when my attorney quit my case, I finally after 3 attempts got a wage assignment for the arrears. Two weeks later Respondent is released from employment without cause or reason he stated as he filed for support modification the very next day through his attorney. (pretty quick move) Due to the extention of the abuse I sustained during the marriage which has now just turned into legal abuse, I am literally pennyless as I suffer from post traumatic stress disorder. IN a hearing that the judge had no jurisdiction on, the Respondent gained my store which was my job. It took 5 months to get a set aside and vacate order signed. The judge is going to give written statement on the modification hearing yesterday. Respondent has perjured himself in every declaration or document filed with the court. So, that being said, as there is no respect for the law.... How can I collect the arrearages he owes? I could use some pro bono help as the Respondent can afford attorneys as he has documented invasion of our IRA and 401(k) accounts. I had only my business and now I had absolutely nothing. The MSC has been continued without good cause 12 times now.

8 Answers
cdad's Avatar
cdad Posts: 10,961, Reputation: 6540
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#2

Jun 22, 2012, 04:12 PM
The state will collect for you for free and handle everything. Give them a call about starting a case with them and have the existing orders ready.
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BellaRags's Avatar
BellaRags Posts: 10, Reputation: 1
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#3

Jun 23, 2012, 04:52 AM
Quote:
Originally Posted by califdadof3 View Post
The state will collect for you for free and handle everything. Give them a call about starting a case with them and have the existing orders ready.
Thanks Califdadof3, I screwed up and did not state it was SPOUSAL support and only spousal without any child support. What State department collects that for me? I will be at their office Monday AM.
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cdad's Avatar
cdad Posts: 10,961, Reputation: 6540
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#4

Jun 23, 2012, 07:40 AM
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Originally Posted by BellaRags View Post
Thanks Califdadof3, I screwed up and did not state it was SPOUSAL support and only spousal without any child support. What State department collects that for me? I will be at their office Monday AM.
You can start here. They also collect spousal support.

http://www.childsup.ca.gov/Default.aspx

http://www.courts.ca.gov/1038.htm
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BellaRags's Avatar
BellaRags Posts: 10, Reputation: 1
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#5

Jun 25, 2012, 06:37 PM
Quote:
Originally Posted by califdadof3 View Post
You can start here. They also collect spousal support.

http://www.childsup.ca.gov/Default.aspx

http://www.courts.ca.gov/1038.htm
RIght on, and I will pursue this. I have read and been told several times that they will collect on Spousal if there is also child support order as well.
Thanks for the lead and hope this will help. I have another idea also but involved.
Take care for your 3 as it sounds as if you are a really caring person.
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BellaRags's Avatar
BellaRags Posts: 10, Reputation: 1
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#6

Jul 20, 2012, 07:09 AM
The Child Support Division will not take a case unless you have children and/or have order for child support. The spousal support they will tack on as a second collection but it's to help the children as an end result.
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cdad's Avatar
cdad Posts: 10,961, Reputation: 6540
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#7

Jul 20, 2012, 12:41 PM
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Originally Posted by BellaRags View Post
The Child Support Division will not take a case unless you have children and/or have order for child support. The spousal support they will tack on as a second collection but it's to help the children as an end result.
They must have made changes that I wasnt aware of. Here is a step by step way to collect spousal support in California.

http://www.courts.ca.gov/1252.htm

It has all the forms and everything you need to get a garnishment.
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BellaRags's Avatar
BellaRags Posts: 10, Reputation: 1
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#8

Jul 20, 2012, 01:47 PM
Quote:
Originally Posted by califdadof3 View Post
They must have made changes that I wasnt aware of. Here is a step by step way to collect spousal support in California.

http://www.courts.ca.gov/1252.htm

It has all the forms and everything you need to get a garnishment.
But his attorney won't tell me where he is currently employed. Road blocks and more. The judges know the attorney is not being honest and if the attorney offers to send me the information it's a win win and no enforcement unless I file for a hearing.
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cdad's Avatar
cdad Posts: 10,961, Reputation: 6540
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#9

Jul 20, 2012, 07:17 PM
Quote:
Originally Posted by BellaRags View Post
But his attorney won't tell me where he is currently employed. Road blocks and more. The judges know the attorney is not being honest and if the attorney offers to send me the information it's a win win and no enforcement unless I file for a hearing.
You file a motion to compel and he will have to answer back. Or he can sit in jail. Those are his only choices. And if litigation is ongoing you can use discovery to find things out when it comes to bank records and financials.
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