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Child Support Arrears


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#1 Shiflo

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Posted 06 September 2012 - 01:32 PM

Hello,
I live in California and I just started receiving arrears for child support from the absent parent. My child has emancipated but the non custodial parent still owed this money from years ago and it's now coming out of his social security. He has another case in another county and that child has emancipated as well. I am told by Child Support Services that the other case has more arreas owed to it and that I will only receive 34.00 dollars a month for support.

My question is since my case is the oldest and he owes me 3200.00; can the California State Disbursement unit split the money between the two cases? Also is there a law that states that the case with the most money owed should get the bulk of the money if the non custodial parent has multiple child support cases?
Thanks in advance for you help.


Best regards,

Shiflo

#2 LegalwriterOne

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Posted 06 September 2012 - 01:47 PM

The age of the order doesn't have anything to do with it. There is only a specific percentage that can be taken from SS and that amount is prorated based upon the total amount owed. Thus, the person owed the most will get more.

#3 pg1067

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Posted 07 September 2012 - 07:15 AM

My question is since my case is the oldest and he owes me 3200.00; can the California State Disbursement unit split the money between the two cases?


Since it appears this is what is happening, it should be fairly obvious that it can happen. And yes, it's legal.

The money withheld will be divided on a pro rata basis (e.g., if you're owed $35k and the other mother is owed $65k, you'll get 35% and she'll get 65%).

#4 FindLaw_Amir

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Posted 07 September 2012 - 09:07 AM

You may want to visit the Family Law Center: Child Support and read Child Support Enforcement to find more information regarding parents in need of child support help. For further clarification, you may want to consult with a local California Child Support Lawyer.
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