How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

my ex wife is asking for back child support, we agreed in court

This answer was rated:

my ex wife is asking for back child support, we agreed in court for $739 in 2006 a few months later she got married and we agree that I would pay her $500 for child support, a few years later I lost my job for a few months but I still paid child support...can she ask for back paid? I am getting married next month, shoud I still do that or would backfire for being more income? My two daughers now live with me, my ex doesnt want to give me child support... can the court force her to do that?
Thank you for your question. Please permit me to assist you with your concerns.

How long have the children lived with you? How much do you owe her, as per arrears, and I am assuming that there is nothing in writing where she formally waived this debt, correct?
Customer: replied 3 years ago.


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.

Thank you for your follow-up.

Was there a court order in place for the support as well, or was that oral also?
Customer: replied 3 years ago.

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!

Customer: replied 3 years ago.


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.

Dimitry K., Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.


she owns the house where we are living, could it be a risk to it? The house is on her name.

Thank you for your follow-up.

 

So long as the home remains solely in her name and is not placed under both names, there is no risk to that property.

 

Good luck!

Customer: replied 3 years ago.


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.

 

Good luck.