What is the due process rights

Los Angeles, CA Viewed 113 times. Posted about 1 year ago in Civil Rights

due process, child support, Civil laws: What is the due process rights, for myself in regards to a breach of contract and fraud, with regard to the frauds and breach being child support? If the courts say that the matters is a Family law case and the family law, child support laws, do not give and remedy for justice with regard to breach of contract, fraud and inequitable clauses.

Is this a giant loophole, or am I missing something?

Additional information
I have a open arrears only child support case open with the DA. My ex made a contract (written) with me for child support and arrears. I paid here a lump sum and started payments, which as the agreement went, would last for one year. She was to contact the DA and they would close the case. She did, ( as far as I know ) because they closed the case. Then the DA 3 months later, reopened the case and modified it for more than the original by an, exparte motion. My ex took the money and I have proof of this with the contract and the deposited checks with her name of the back. I have been trying to contact her for months but she does not answer my letters, phones calls etc.

It is obvious what she did. But what courts do I go to for the legal remedies? The Civil or the DA themselves? The DA, child support Services, told me that they could not sign or witness or enforce any separate agreement between us two. They would only close the case if she asked them to do this.

Thanks, Tom

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Answers (2)

Avvo Staff Moderator

This attorney is licensed in . Posted about 1 year ago.

I suggest that you work with the attorney who handled or is handling your child support case. In the alternative, you can contact CA Department of Child Support Services. They should be able to help you:

http://www.childsup.cahwnet.gov/Home/FAQs/tabid/59/Default.aspx

Alan James Brinkmeier

This attorney is licensed in Illinois. Posted 13 days ago.

I suggest that you work with the attorney who handled or is handling your child support case.

You might find my Legal Guide helpful Constitutional Law: What is Due Process of Law?

http://www.avvo.com/legal-guides/ugc/constitutional-law--what-is-due-process-of-law

Good luck to you.

God bless.

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