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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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My child support ended in 2009....I paid it in full(according

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My child support ended in 2009....I paid it in full(according to the state of Tx)however,the state of Californin is now saying,after 2009 that I owe a little over 8 thousand in back child support....the divorce decree was done in Wood County Tx. According to the AG's office in Texas I am paid up.I was told that the final decree is handled by the county that the courts final decree was made..can Ca.come back for child support after two years and strong arm me to pay more child support?I
Submitted: 5 years ago via ChildSupportLaws.
Category: Family Law
Expert:  Brandon M. replied 5 years ago.
Hello there:

Thank you for entrusting me with your question. California cannot make you pay child support that you do not actually owe. Hypothetically, if you end up over paying, you can sue for reimbursement.

The reality is that these kind of mistakes happen with embarrassing frequency, the bad news is that this is happening to you, but the good news is that you are not alone. Contact the child support enforcement office in California first and request an accounting. An accounting will describe what order was made, when it was made, and in what amounts. That will give you a foundation to figure out where the mistake is. If they can't provide it, contact the office in Texas, request an accounting from them, and forward it to the CA office. If, after viewing the accounting (or if no accounting is provided) you still have not resolved the issue, you would need to file a motion to determine arrears in the Texas court. A motion to determine arrears is a request for the court to determine how much money is actually owed. The child support enforcement office or any other interested party claiming that you owed support would then be responsible for proving to the court that you actually owe the money.

With a court ordered determination in hand, the support office has no choice but to accept the debt as satisfied. I doubt that it would have to go as far as taking this into court, but that would resolve it once and for all if it did hypothetically get that far.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
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