Legal Question in Family Law in California

Accounting requested by X wife for Educational expenses

I divorced my X. The judgement was filed on 12/15/95. Last month she had me served for the following:

1) To get the childern back as write off's ( no case here ) She waived it in 95.

2) To get an accounting of a $210.00 educational credit that was awarded to me..( from 1995 since I was picking up the tab on the kids educational costs)

The order reads:

''Child support is ordered for the amount of $1561.00 minus a $210.00 educational credit for a total of $1351.00.''

The $1351.00 has been garnished since day #1 and continues without failure.So as far as I'm concerned HER atty. filed the garnishment & we have followed to the letter.

Questions:

1) Will the court ask for an actual accounting? It's not considered ''proper'' for ME to ask how she is spending my child support checks.

2) IF an accounting is in order..I have records from 2000-2003 in EXCESS of that amount that go directly to the kids.. but not 100% educational expenses,they both go to public school. Will I have to go back to 95?

3) This ( in my opinion ) is just plain harrasment, from an X who cannot manage her monies, she has no real asset's how do I stop her in the future?


Asked on 8/03/03, 6:45 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Accounting requested by X wife for Educational expenses

You should keep a record of all child support payments made for the rest of your life. You never know when someone may claim that you owe back child support.

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Answered on 8/03/03, 7:10 pm
Dieter Zacher Law Offices of Dieter Zacher

Re: Accounting requested by X wife for Educational expenses

There are too many issues going on here to provide a simple answer to. An attorney would have to review the entire file as well as the current filings to get a real handle on what is happpening. You can move to have child support adjusted by filing an OSC re: Modification of Child Support if you think the payments are too much. You need to have a "change in circumstance" to be successful. Otherwise, the court's child support order will be valid until support obligations expire. You should really seek the assistance of a local attorney. Good luck and thanks for inquiring.

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Answered on 8/03/03, 11:55 pm


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