Legal Question in Family Law in California
My boyfriend has been paying child support for his son who he has had custody of since he was (6) years old. Today the son is (13). California is requesting ($40,000) as the mother has been taking the checks and spending them even though the son is NOT living with her. We have all school transcripts that prove he has been with the father. Both parties are guilty of not correcting the situation. Can the mother and father work with mediation to eliminate this debt? For example - mother and father meet with a case worker and resolve this out of court without consequences?
2 Answers from Attorneys
Your boyfriend needs to file a motion to determine arrearages alleging that he had custody of the child for the last 7 years. If your boyfriend has had full custody of the child then "Tranotti Credits" will apply. Tranotti is a case that allows for an equitable defense aginst a claim for arrears while the child is in your custody. Your boyfriend should request that during the time period he had the child, support be set at zero.
Normally this type of thing is not worked out through a mediator because the county is looking to collect child support. The best way to correct this is through the court by filing a motion for determination of the arrears and request Tranotti credits.
Best of Luck.
If your boyfriend has sole custody, he should not be paying the mother child support, unless she has visitation and the court has ordered it based on the guideline formula. He may need to file a motion to terminate child support.
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