Hi,I used to live in California and got divorced in 2005. Due to the divorce I left a house, 2 cars and everything in the house to the Ex and 3 children. At the time I was ordered to pay for the mortgage of the house, which was considerable. Since I had already moved out I wasn't able to pay rent and had to stay with friends. I also couldn’t afford a moving truck to get several large objects out of the house (antic desk, large antic painting -both from my father) since my income was paying for the mortgage. The locks of the house were also changed without my knowledge, so I had to leave many personal belongings behind, incl. a gold ring with a diamond from my father. Since I wasn't living at the address anymore, I wasn't able to sign for the income tax return, so I'm suspicious that she forged my signature to receive the tax return.At the time it was decided that I pay $790 in child support. Shortly after the order, I moved to Germany. Apparently my Ex had told the children that their father is dead and her new boyfriend is their new father. I have not heard from them since. I know it may be too late now, but my Ex had said, if I leave her my share of the house I wouldn’t have to pay her anything at all. Of course there’s no written proof or any type of recording of this conversation, but only the signing over my share of the house. Unfortunately my attorney advised me to sign the court order, since it was only $790. He even told me if I were to move to Germany the state of CA could not force me to pay the child support. But that wasn't correct. The state of CA has an agreement with several countries, incl. Germany, to collect child support dues. All in all I've paid about 36,000 Euro.I am now remarried with 4 children of my own, from the ages of 6 mo. to 5 years. Since I am the only one working in our family, I would like to completely stop the child support payment. My income hasn’t changed dramatically, so I think I should have a good case.
Country relating to Question: United States
State (if USA): California
I am afraid that you cannot completely stop child support, that is a legal obligation a biological parent has to their children and it is set by the CA law based on income and the court is not going to let your children from the first marriage suffer for the divorce. All you have a right to do is file a "Motion to Modify Support" and you would have to prove a significant change in financial circumstances to the CA court such that they can adjust your support based on that change and in accordance with the child support guidelines. The state of CA will not just cancel or terminate your support obligation I am afraid because you got remarried and you are the only one working, they will take into account the other children you have to provide support for to adjust your income and recalculate your child support based on the CA support tables, but that is as far as they will go.
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It looks to me this is only a cut and paste response from you! You clearly did not all of my email!
Mr. Cyrus I assure you that it is absolutely not a cut and paste from me. Second, all I received to read was exactly what you posted above and if there is more that I did not have the benefit of reading then I apologize, but my response was based only on what I could read above and based on what was typed above I am afraid you are not going to just get child support terminated. In fact, in California, pretty much unless the other parent agrees in writing to waive support, the CA court is not going to terminate your support at all, they may reduce it, but the law says you will pay your share of support for your children and the CA courts will make you pay and you have nothing in writing waiving those payments so the court cannot consider any agreements not in writing on these matters.PaulMJD41088.847181794
Hi Paul,My concern is not only child support. How can I get my belongings back? How can I have investigated if she forged my signature to receive the income tax return of 2005?
Okay, that is a bit of a different issue. Your property should have been divided as part of the divorce Marital Property agreement. The problem is that 7 years is a long time to now make a claim for your property and if you left it there without any agreement for her to hold the property. The CA Statute of Limitations on a property claim is 2 years and for Breach of Contract, which would be what your marital Settlement Agreement is would be 4 years. If you are beyond the CA statute of limitations I am afraid that any claims are time barred and the only recourse you have is if the community property or divorce settlement agreement contained a provision that the property could remain there until you were ready to retrieve it.Forging an income tax return or check would be a different issue as well and the only way to make that determination is filing a complaint with the IRS because they are the only one who has access to that return and it is not likely your ex will give you her copy. If the IRS determines Forgery then you can pursue charges against her through them.
Thanks for the prompt response.
While I understand your plight, the courts do not make exception to the statutes of limitations for that reason I am afraid. Unless the agreement to not pay support in exchange for giving up your 1/2 of the house was put into writing the Statute of Frauds, which is the law stating all agreements of this nature have to be in writing to be enforceable, would prevent the court from being in your favor on that. What you have, based on the change of circumstances with multiple new children to support, is grounds to get your support payments recalculated and reduced and this is what you will need a CA attorney to pursue for you if you choose.
What if she remarried or has a boyfriend who the kids consider to be their father and I am denied any access or contact to the kids, would I have a better case? She in fact told the kids that their father has died and the new boyfriend (at the time) was their new father.
That is something that is separate from the support obligation. If you are denied access to the children, you can file a motion for visitation or a motion for contempt if she is not abiding by a prior visitation order. Visitation and support are generally two separate things. Her conduct certainly is not the sterling image of a good mother by telling the children that, but that is still something that is not part of the CA child support law for consideration and child support is one of those things the court has to follow the statute explicitly on because the statute says they must.
So what if the children are adopted by their new father figure, does this change the child support order?
If they are adopted, then the court would rule support for you has ended, since you are no longer the father and they have a new legal father.
Would they have to be officially adopted or is it enough if the mother gets remarried?
They have to be legally adopted through the court process. There is no such thing of them being "adopted" just because the mother gets remarried I am afraid.
I assume the court would know if they were adopted, correct. This wouldn't be something that I would have to check, right?
They could not be legally adopted unless you received notice, that is of course if she did not falsify the Adoption papers. However, the court would have to have a record of the adoption in the clerk of court's office and you could check.
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