I recently was awarded full physical custody of our two minor children, after three years of court proceedings. Shortly after the mother was ordered to pay support to me she became upset with me then filed a claim against me stating I had not payed her support in over a ten year period witch is not true. At our first hearing regarding alleged back support owed I provided receipts showing I was making payments to her but, I was not able to provide receipts for all ten years during our custody herrings, the mother said a lot of things but none ever saying she was owed any money. What can I do?
Country relating to Question: United States
State (if USA): California
I have tried to talk to the mother of our children she wants me to stop support agents her. I'm currently trying to research the law as to a reasonable amount of time a person has to make such a claim.
Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am sorry for your situation. You state "What can I do?" Do you mean what you can do to drop the matter? Or to show that you should not be paying retroactive child support?Child support cannot be retroactively ordered by the courts in the state of California. (Ca. Civ. Code, §§ 4700, 4811; Parker v. Parker (1928) 203 Cal. 787, 795-796 [266 P. 283]; In re Marriage of Ford (1972) 24 Cal. App.3d 62, 65 [100 Cal. Rptr. 817]; Singer v. Singer, supra.)Ca. Civ. Code, § 4700Ca. Civ. Code, § 4811http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=famParker v. Parker (1928) 203 Cal. 787, 795-796 [266 P. 283]http://scholar.google.com/scholar_case?about=17675442740504316360In re Marriage of Ford (1972) 24 Cal. App.3d 62, 65 [100 Cal. Rptr. 817]http://scholar.google.com/scholar_case?about=14153010325987624766Singer v. Singer, 7 Cal. App. 3d 807 - Cal: Court of Appeal, 2nd Appellate Dist., 4th Div. 1970http://scholar.google.com/scholar_case?case=10893650664188226759Please note that this is general information, only.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you; I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
What can I do to drop the matter and to show that I should not be paying?
Hello,I am assuming that you have filed an answer. Individuals in your situation may want to include in their answer that you should not be paying back child support and site the statutory law and case precedent as illustrated above.If you have already filed your answer but not mentioned this, you may wish to file an amended answer. You may need to file a Motion for Leave first to get permission from the Court to amend that answer.Then, you'd argue this at oral hearing.Needless to say, it is best to use an attorney. If finances are an issue, here is a list of all pro bono work in the state:http://www.abanet.org/legalservices/probono/directory/california.htmlAll, call your local law school(s) and ask for the family law clinic. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list for them:http://www.hg.org/law-schools-california.aspI hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you (and a bonus would be very much appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
I have not responded to the complaint. What is the form name and number needed to file an answer? This case is being heard in Los Angeles County.
Hello - apologies, but I had to step away from the site for a second. I promise to reply by tonight, and I just wanted you to know that I would reply.
Again, my apologies and no need to reply to this communique.
Hello,There is no form that is particularly for "this" situation. While California has extensive forms for motions, they do not cover all possible court actions. You see, most forms are simply "templates" for what otherwise is petitions, motions, or other pleadings before the Court. The most popular motions are made into forms, but not all motions have a form.This particular action is too unique and no form particularly fits it. You can use a "generic" answer, but that simply may be more of an inconvenience than a help. You need to have an attorney draft you an Answer, or represent you wholly, in this matter.
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