I owe back child support, can the Los Angeles district attorney's office pursue action against me

Child Support, Arrears, breach of contract, extortion, fraud: My child is 18 years old. He lives with his mother and is working and going to school. I owe arrears and made a contract in writing for another amount and basically lower the amount due. I made payments to her. She was to notify the DA to close the case. I do not know if she did or didin't but they closed it. Then a few months later the DA reopened it.

Can I sue here is Civil court for breach of contract and seek damages for the breach and extortion? Extortion and fraud, because the DA told me she said, she did not receive money from me and never agreed to any thing. I have all the proof. deposited checks she signed, copy of the contract etc.

The DA says, that they have no jursidiction over a separate agreement betweetn me and the mother. They would only close the case if she asked them too after they varify it is her.

The DA says, they will not sue her for any misconduct, since they have no jusisdiction, they only are collecting child support. They said they can open, then reopen a case for child support as many times as they want.

Thanks.

Tom
Answer this question Add to list

Answers (3)

Sandra Dee Munoz

Sandra Dee Munoz

Contributor Level 6
Well your issue is a bit messy, but you can't sue for breach of contract. Line up all of your payments, put your case together, and meet with the DA. It might take a bit, but you'll get there. Good luck to you!
1 2
Warren Robert Shiell

Warren Robert Shiell

Contributor Level 4
As a result of various cases and legislation the Court does not have the power to cancel or wipe out child supoprt arrears. Buit there are other legal avenues such as compromises and equitable remedies against enforcement that you could discuss with the DA or in Court. You need to establish the amounts of payments you have made and seek a compromise with the DA. If that does not work you'll need to go to court and since this is a very comlicated issue your chances of success are bolstered if you hire an attorney.

LAW OFFICES OF
WARREN R. SHIELL
www.la-familylaw.com
1 2
Judith Ann Routledge

Judith Ann Routledge

Contributor Level 5
You will need to file a form called "Request for Judicial Determination of Arrears" in the courthouse located at 600 S Commonwealth. I think there is a 'self-help' office there to help you. You need to provide proof of the payments that you have given directly to the mom either as attachments or as a listing of the payments by date and amount (and then bring to proof to court later). You will get a hearing date when you file the document; and you then have to have 'mom' served by mail by someone other than you who is 18 years ago.

Depending on the wording of the contract, there is a very slight chance that you could request that she be 'estopped' from enforcement but you would really need an attorney to make that argument, and the odds are slim to none that you would be successful.

Note that, in the future, any time you make any "agreement" regarding modifying a court order, be sure that it is filed with the court.
1 2
Back to Search Results

Ask a Question

Get free answers from real lawyers.