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Is it a violation of probation to not pay your court ordered child support on time?

Fillmore, CA |

My x husband has been in and out of jail for the last 6 years. He owes $32000 in back support. In all those years he has made 7 payments totalling $950. Last payment was Dec 14th 2010 ( prior to that it had been a year ). He has a cosmetology license and a drivers license, and they always threaten to take it away, he makes 1-2 token payments, and he keeps them ( or gets them back) and around we go again.He works under the table at salons. Now the judge ordered the bare minimum $190 per month for 2 kids in CA, he made one $150 payment, and nothing.He is on probation. Who do I contact? I don;t know how to find his probation officer, and child support says they don't know anything about that.

Attorney Answers 2


If your ex-husband is still on probation, and his probation terms require him not to violate any law in California, his failure to pay court-ordered child supprt could constitute a violation of his probation. You should contact the probation office in your county and ask them whether they can help you to find out whether he is on probation in California, and if so, in what county, and ask them for their assistance to determine who his probation officer is, to enable you to contact his probation officer. You should realize that a violation of his probation won't result in your ex-husband paying, or being able to pay his child support arrearage. You could hire a private investigator to track your ex-husband going to work, working, and leaving work, but if your ex-husband is being paid cash, there may not be a paper trail reflecting his income. His obligation to you accrues interest at the legal rate, i.e., 10 per-cent per annum, and he cannot discharge it in bankruptcy. You could seek and file an Abstract of Judgment, and file it in any county in which your husband may own real property, to enable you to collect arrearages if he sells or refinances his real property.

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Yes, it is a violation of his probation not to comply with a court order for child support. In order to find out who his probation officer is, you could check online in the county where he was arrested, and run his name. You will find out the name of the District Attorney who was prosecuting the case, as well as the case number. From there you could find out who his probation officer is, and contact them.

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