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Asked 2/19/2012

Recieving child support in 2 county's at the same time?

A mother files for child support in los Angeles county and two yrs. later files for child in another county, gets married and moves to Michigan. (Creating 2 orders at the same time) Upon receiving correspondance from the other county, the case is researched adjusted and resolved with the case worker and resolution unit. (documented proof showing the adjustments and additional supporting corresponding evidence). Now, Los Angeles County child support service is requesting to continue the order and consolidate the orders. I reviewed the child support services claim and allocation and discovered the are many errors in payments and other inconsistencies. I was told I should file to have the case reviewed on the resolution and request to have the order eliminated. Please advise, and which motion would be most suitable for resolution. Thank you

 
 
 
 
 
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Answer 1/2 - Submitted 2/19/2012

She has caused quite a huge mess for you from the sound of it and if I were you I would get a competent family law attorney to help you navigate this problem - and sue her for the cost of the lawyer because she intentionally created this mess by falsifying court documents. When she filed for a second support order in another county she had to fill out a statement to the effect that she had never pursued this matter in another court.

What she did is considered fraud and though you are suffering for it and need to get it straightened out, you shouldn't try to do this yourself. Get a lawyer.

You may also want to speak with the lawyer about suing her for any overages you paid - interest on those overages if you have already received the amount back - and compensation for time you spend trying to sort out the mess you intentionally and fraudulently created. Family courts don't like when a custodial parent tries to pull the wool over their eyes and you might get a decent award for your trouble.

 
 

Answer 2/2 - Submitted 2/19/2012

Hi, balexander, and welcome to WebAnswers.

It is not necessarily a fraudulent act and I certainly understand that she was confused when she moved from Los Angeles County to another.

At the same time, I would nevertheless CONSIDER that she might have committed fraud.

But, to answer your question, first, I have to ask if you have met with a Family Law Facilitator? If not, go here:

http://www.courts.ca.gov/selfhelp-facilitators.htm

If so, let me know what he or she might have recommended.

An alternative to hiring an attorney, is what is known under California law as Limited-Scope Representation, because you seem to already have a grasp for what you are doing. Availing information is here:

http://www.courts.ca.gov/1085.htm

Thank you for your question.

 
 
 
 
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