Lak v. Lak: Child SupportLak v. Lak: Child SupportWalzer Melcher LLP
Jennifer S. Lak (Respondent) v. Daniel K. Lak (Appellant)
OCDCSS (Intervener and Respondent)
California Court of Appeal, Fourth District
Published Opinion (2020) 50 Cal.App.5th 581
Father sought reimbursement for overpayments of child and spousal support arrears and contended that DCSS (Department of Child Support Service) violated Family Code section 5246(d)(3) by collecting more than 5% of his SSDI (Social Security Disability Insurance). Father requested sanctions against DCSS for its “improper collection activities.” The trial court denied Father’s requests and ruled that DCSS could continue withdrawing money from Father’s SSDI for support arrears. Father appeals contending the court misinterpreted the Family Code and failed to properly consider his sanctions motion.
The Court of Appeal for the Fourth District affirmed the trial court’s order and held that (1) a probation condition relating to child support/arrears cannot be deemed a permanent modification of a final support judgment, (2) DCSS need not repay Father for any overpayments to arrears, (3) Father failed to demonstrate he qualified for FC section 5246(d)(3)’s five-percent rule, (4) Father must receive a credit for the derivative benefit Mother receives against his child support obligation, and (5) sanctions were not warranted.
Opinion: Lak v. Lak 6-12-20
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