Legal Question in Family Law in California
Back child support owed
my divorce was in Calif. and my ex husband owes me over 24000.00 in back child support. He has gone to court to ask the judge to dismiss all arrearages and pay zero. My divorce was final 3/98 and he filed with the court for this on 11/99. Is there a time limit for filing this. It seems to me that he waited a year and 8 months to do anything about it. This case is very complex as he also sued me for the house and other things that were granted to me in our original divorce, none of which I have received and he is now in a Chapter 13 status.
2 Answers from Attorneys
Re: Back child support owed
There is no way that he can have arrears dismissed. What is is probably doing is trying to have the court determine the correct amount of the arrears. Child support is nondischarable in bankruptcy. Adam N. Gurley 415.334.8439
Re: Back child support owed
The other attys response is correct. However he may be able to reduce his payments on the arrears in the Chapter 13.