Can a money judgement (equalization) be held for past child support?

Asked about 1 year ago - San Jose, CA

I owe about 2,000 in arrears for Child support because it was ordered effective date of separation. There is a wage assignment now in place, why IDK because I was paying as ordered. My ex was ordered to pay me as part of the financial settlement. My ex's attorney has not filed any motion to hold this money and still will not release the funds. Is there a "Law" that allows my ex attorney to do this? Thanks

Attorney answers (2)

  1. Cathleen Elisabeth Norton


    Contributor Level 17


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Seems like a relatively easy fix--perhaps just a couple of phone calls or a letter, so I'd recommend spending some money hiring an attorney (perhaps on a limited scope basis) to deal with this for you. The child support arrears may not even be proper based on the information you've provided.

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  2. John Noah Kitta


    Contributor Level 19


    Lawyer agrees

    Answered . Outside of court orders existing that you or I are aware of I can’t imagine how opposing counsel would be able to hold your settlement funds. Unfortunately, the only relief is for you to go back into the courtroom and take possession of the funds that were due and owing to you. Although if you take that action, probably it will prompt the attorney to file a motion to attach the funds past due for the child support.

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