my daughters lived with my since july of this year, She sent me a bill for about $23,000. It was a verbal agreement after she got married.
in 2006 was a court order according to my income of that year and because she was a single mom.
Thank you for your follow-up.
The fact that there was an oral contract is very tough to prove, and is therefore considered to be generally unenforceable by the courts. Any 'waiver' or reduction in arrears has to be approved by the courts with the other person formally claiming or stating that he or she either received the funds or received something in exchange for that asset, such as goods or services. Without it the arrears remain and she can indeed pursue you until and if you pay them off. California expressly has no statute of limitations on collecting arrears.
You, however, CAN go to court yourself and file both for a modification of child custody and seek full rights as the children are with you, and likewise seek support from her while the children are with you. if granted, you can ask that the courts apply the funds from her to the arrears until the arrears are paid off. In that sense the courts can compel her to provide you with support while the children are with you.
Hope that helps!
can you please tell me if me getting married next month would alter anything regarding income. I know I have to respond with income information. Can the court change decision based on only my income or my future wife and my income combined?
Thank you for your follow-up. Sorry that I did not address your question, please allow me to do so now.
This is a bit of a silver lining situation--your support obligations remain purely your obligations. Your new spouse is not responsible, and her income is likewise not responsible in covering your debt. The courts would still base support on your income, not your spouse's. The only risk is collections--if you owe a debt and you and your spouse have joint assets, that asset can be pursued for your debt even if the only one who fully paid into that account would be your spouse.
Hope that clarifies.
she owns the house where we are living, could it be a risk to it? The house is on her name.
So long as the home remains solely in her name and is not placed under both names, there is no risk to that property.
can I show in Court my yearly income since 2006 to see if I was over paying or the court only look into what we signed at the beginning or this agreement.
I am sorry but it does not work that way--the courts do not retroactively lower your obligations since it would be your responsibility to go to court in a timely manner to seek a reduction or a modification. Any reductions or modifications are based from the date the order was put in place, and do not recalculate past obligations. The reason is that the courts believe that if you did not contest, you approved of the payments as listed, and hence you would be required to cover them as provided.
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