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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I had a child support case in Ca. I owed approximately

Customer Question

I had a child support case in Ca. I owed approximately 60,000 in arrears (includes interest) My x wife died and her sister contacted me approximately 6 months after the death. Her sister wanted Guardianship of my son due to my living in another state and the boy wanting to continue his senior year where he was. I signed the document. I have now been informed that she has filed a motion to reopen the child support case (from my X). Do I have any legal stance against this?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
The support case was closed by the state of Ca, her sister is attempting to re open the case.
Expert:  mmdesq replied 1 year ago.

Good Evening,

I will try to best answer your question.

If your sister in law retains custody she can pursue support. Your only option is to file for primary custody and that will avoid any support obligation. Otherwise you do not have a defense. You can try to use your play for primary custody as a tool for sister in law to give up support. Just don't tell anyone that is your intention. Good luck

Customer: replied 1 year ago.
I have no issue with paying support, can she re open the closed case. The closed case was in her sisters name.
Expert:  mmdesq replied 1 year ago.

She will have to open her own case. She will not be able to reopen her sisters case as she is a different claimant.