Legal Question in Family Law in California
In 1999 my childs father and I had joint custody except I was ordered to pay him child support. Our daughter was 2 at the time, anyways 8 months later his wife left him and took everything, he then called me and said you need to take Kayli and we will just both financially take care of her. He stated dont pay me child support we will just raise her together but seperate. Before you say it yes I was dumb and did not get it in writting. Anyways long story short it has been over 12 years now and 8 months ago I moved out of Nevada to Ca for my husbands job and now he has turned me into the DA, and I have 52,000 in back support. I have been a stay at home mom for 5 years, so my question is can the come after my husbands income?
2 Answers from Attorneys
They can come after anything that you have an interest. They don't typically go after wages of a supporting spouse and I think there is a law against it but I have to look it up.
Isi is wrong again. They always go after the supporting spouse's wages. They cannot, however, go after the supporting spouse's new husband or wife's wages until they are deposited in a joint account. So the first thing to do is immediately set up separate accounts, and make sure that no money that has ever been in a joint account gets into your husband's new account. Then you need to hire a Nevada lawyer and fight this. I cannot advise you on Nevada law, but if it is anything like California, the court can make an arearages determination based on the actual facts, including that you took over care and custody of your daughter. You will probably still owe some big back support, but not as much.
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