SPARC Forums

We are in CA. DH just got full custody of SD. Current CS was closed against DH but BM did not waive arrears (non-welfare). DH has not filed for CS against BM.

DH just received a letter in the mail and it says that it is a Notice Regarding Payment of Support - Substitution of Payee.

What does this mean? I've tried looking it up on the internet but keep coming up with the form itself. DH called LCSA to find out what it all means but of course all he gets is a recording.

The first page of the letter states:

"All current support payments should be made to BM and there are still assigned arrearages which the LCSA office will continue to collect until they are paid in full. The arrears payments should be made to LCSA."

On the second page (FL 632 itself) the following items are checked:

3b. states that the LCSA is no longer providing services.
4a. states that the LCSA gives notice under Family Code Sec. 4506.3 that judgement debtor must make all current support payments to BM.
4b. states that the judgement debtor must make all payments on arrearages in this proceeding to BM.

The first page of the letter says DH must pay arrearages to LCSA, FL 632 states arrearages must be paid directly to BM.

Thanks in advance.

Send a letter to LCSA and copy BM stating,"Yout letter of ??/??/?? contains contradictory instructions as to where payment of arrears is to be tendered, and, that until I receive express instructions to the contrary, that I will tender payment of all arrears to LCSA."

Better to send your money to the State, and then let the BM try to get it, then to pay the BM and then discover that the State was supposed to get it, and you're forced to try to sue the BM while the State is breathing down your neck.

Thanks for your reply. We're still wondering what exactly this notice means. Is it a standard form that is sent out? Please advise.

Thanks so much for your help.

It means nothing. The clerk probably checked a wrong box. But if you do as I suggest, you will have covered your butt. What could happen? The BM files a motion to get her money from you, and you tell the judge that you sent the money to the State, as required by the State's letter.

The judge is not gonna make you pay the BM after relying on the State's instructions. The court would simply order the State to refund the money to the BM.

No worries.