How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36961
Experience:  30 years as a family law lawyer .
8534270
Type Your Family Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

Child support question. Divorced in 1975 in the state of Indiana,

Resolved Question:

Child support question. Divorced in 1975 in the state of Indiana, now live in Michigan x-wife got the three children, business and only car. I believe I was to pay $250.00 a month child support. One child sent back to me after 4 months (not recorded) Since she got the business she got my job. I work and got paid $275.00 a month,could not afford child support. She moved to California, so I moved there to be able to see my other 2 children. I married in 1977, was on welfare, she could not get child support. Did not get to see my daughters, she moved to Texas and then to Colorado, she had married an air force officer in 1976.My older daughter moved out, and my wife and I sent her money to help her out (not recorded) My x wife, after divorcing the air force officer again tried to get child support, we went to court in California. She did not like how it was going the judge said he would hold her in contemt of court if she said anything else, she walked out, I thought it was over, Our laywer said if we did not hear anything to forget it. Now 26 years later we have heard from Ventura County child support division stating I owe child support. My x-wife is married again and she is broke and problably on welfare.(still in Ca.) I am on Social Security and have been for 5 years of 1253.00 a month. My wife still works. Questions can my wife 's money be touched by my x wife? Can my x wife get any of my social security. I am 73 years old, my children have children and I will soon be a great grandfather.
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.

RayAnswers :

Thanks for your question and good morning.

RayAnswers :

The child support folks cannot touch your wife's income here since she is not a parent and is not legally obligated in this situation..

RayAnswers :

The court here can order garnishment or payment of child support from you.It is important here for you to respond to the court filing and complete any financial information they request.That way they can certainly see that you have limited income here.

RayAnswers :

Also you may start to gather any proof you have that kids either lived with you or that you paid money here to the ex for the benefit of the children,The court may well allow you offset here based on the evidence that you present and reduce the amount of the arrearage,

RayAnswers :

You will have to respond here in writing to the court and judge in California if you want to reduce this here or even eliminate it .The court may well hear you evidence and testimony on the issues.Explain your circumstances here in writing and sign it and file it with the court.Again if you have evidence to support reduction it would benefit you to submit it for consideration as well.

RayAnswers :

Here is self help with forms to file your response here in California.

RayAnswers :

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.


 


Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated.


 

RayAnswers :

Reference

RayAnswers :

Pursuant to California Family Code section 4058 gross income for purposes of child support "means income from whatever source derived". Subsection (1) specifically identifies social security benefits as included.

RayAnswers and 2 other Family Law Specialists are ready to help you
Expert:  RayAnswers replied 5 years ago.
.

Related Family Law Questions