My name is Lucy and I'd be happy to answer your questions today.
First, that is a contractual issue between you and your ex, so it's not really appropriate for him to file in the Family Court
. You could ask that it be dismissed. He could have raised you owing him money as a defense if you had filed contempt charges (although your child doesn't owe him money, and that's really who support is for). However, if you didn't, his allegations should really be raised in Small Claims Court.
Also, the statute of limitations in California for breach of contract is only 4 years. If yo agreed to pay rent in 2005, it's too late for him to collect, even if you did stay 3 years. That's likely why he's not suing in Small Claims.
A court order is ongoing. You would have the ability to file an Order to Show Cause and ask the judge to hold him in contempt of court, because his violation occurs every day that this doesn't happen.
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