Legal Question in Family Law in California
In 1997 my fiance and his wife filed for Divorce and here we are in 2012 and we have recently discovered they are not divorced yet due to paperwork not being completed. At the time he was making a lot more money at that time like 1,800 a week. but lost that job that same week that they filed. She wants back pay for all the rears she feels is due to her even though they are not divorced. but he only makes minimum wage hourly. So my question is does he have to pay her anything for back child support since they are not divorced yet?
2 Answers from Attorneys
The right to child support begins immediately upon separation, sometimes even without physical separation, i.e., where a couple decides to divorce but stay in the same house for financial or other reasons. However, back child support can only be ordered from the time a motion or OSC is filed requesting support forward.
In other words, in order for you to get back support, or arrears, there would have had to have been an order from the past, which you are trying to enforce in the present. If there is no old support order, then you are limited to receive support from the time that you file your motion with the court to establish support. Good luck!
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