Legal Question in Family Law in California
Back Child support
My finace' and his daughter are from California...
My finace' and I live in Colorado now. His daughter is 19 years old now. His ex wife signed a waiver of the back child support a year ago, stating that it was paid in full because the daughter was living with her Dad and he was taking care of her.
Since then, the daughter moved in with her boyfriend also in Colorado and no longer lives with her Dad. She does not work and needs money. So she is looking to her Dad for handouts. She is asking for all the back child support that he owes. Can the daughter and/ or the ex wife re-open this case? And is he liable to pay this now?
1 Answer from Attorneys
Re: Back Child support
You mention that the ex-wife signed a waiver of back child support. Was this filed with the Court? If so, did the Court adopt it? If that happened, then neither one can come after him. If it was filed and not adopted (but also not denied), then he may have to fight about it some. I don't know how California handles those situations. You need to ask a California attorney. If it was not filed with the Court, but he still has the original or a copy, he might still be able to enforce it, but will definitely have to fight about it. Again, speak with a California attorney to find out how their courts handle this situation. If it was not filed and he no longer has a copy, he's probably up the proverbial creek without a paddle.
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