Legal Question in Family Law in California
California - back child support. He moved in with a woman for 6 years and told me "he couldn't afford to pay" me the $75/month ordered. I had been told (erroneously as it turns out ) that I would have had to hire a lawyer to get him to pay. I didn't have the money. While he doesn't pay me now, we currently share a domicile (I know twisted, but it's a long story) so now I am being told that I can only get the back child support plus interest when my son turns 18. If he decides to lie about it and fight it, what evidence to I need to prove he didn't pay for those 6 years? I haven't kept all my bank statements, but I have kept a kind of diary since this whole custody thing started, would that be evidence enough?
2 Answers from Attorneys
If there was a court order for payment, he has to prove payment, not you prove non-payment. Take your story down to the local office of the Department of Child Support Services and have them help you straighten it out.
With regard to your statement that you cannot collect back child support plus interest until your son turns 18, this is incorrect. If he has not paid you support, you can file a Contempt action as he is in contempt of a court order to pay support. You can do this immediately and do not have to wait until the child turns 18.
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