Legal Question in Family Law in California
Back spousal/child support if no spousal/child support agreement was made
My parents have been separated since 1989. Their divorce was not finalized until 2003, owing to financial difficulties. It was finalized without any spousal or child supports. My father recently came forward admitting to having fathered two children, one in 1987 and another in 1995, as well as to purchasing land other states. Can my mother contest the terms of the divorce to include spousal and/or child support, since none of this was known to her until after the divorce was final? Is there something that I or my sibling can do legally against our father?
1 Answer from Attorneys
Re: Back spousal/child support if no spousal/child support agreement was made
In completing the divorce in 2003 he was required to disclose all property that he owned or had an interest in. This would include investment opportunities that were coming into fruition in were earned prior to the dissolution.
She should immediately contact an attorney to review what property rights she may or may not have. The only possibility for obtaining child support for past years would be to convince the court that the prior order was made as a direct result of fraud.
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