View Full Version : How to sue California child support office
epsteinshelley
Feb 12, 2013, 08:45 AM
I live in Idaho ncp is in California all court orders for support have been given to California support office he has been subpeoned to court 2 times by California i.e. failure to appear no warrant issued either time and no support collected for years I want to sue California support offices on a failure to comply with a court order to collect support how do I do this ? Clearly they r at fault as failure to appear in court is an automatic warrant yet not one was issued how are my children so unimportant in the eyes of law?
Fr_Chuck
Feb 12, 2013, 08:49 AM
So your attorney requested warrant at the hearing where he did not appear and they refused ?
The judge issues a warrant and you can not sue the court, you can have your attorney file a motion to the judge.
JudyKayTee
Feb 12, 2013, 09:03 AM
I don't see that anyone but your "ex" failed to comply -
dontknownuthin
Feb 12, 2013, 09:23 AM
Yeah, the one to take action against is your ex. And if they can't find him or he is working off the books (for cash, for example) they can't collect. Are you confident he has a job? Do you know where he is working? If you know this, you can share this with the agency so they can garnish his wages.
You won't be able to sue them, so that's not worthwhile to focus on. Focus on finding your ex and finding out where he's working so his wages can be garnished. If he's not working or claims to have no income, your attorney should go to court for you and get an order that he must prove efforts to find work. Your attorney can also subpeona his financial records to see if money is coming in and going out - this sometimes can catch people who are being paid under the table.