Legal Question in Family Law in California
child support / debt obligation
I am trying to help out my friend who is having problems with her exboyfriend. They have a 3 year old child together and the child lives with her mother. The father has her a couple times a week to visit but rarely has her overnight. She has never gone after him for child support. He was paying his part for the child's daycare whenever he could but wasn't always consistent. He now doesn't have a job and is living on unemployment. When they were together as a couple, she had helped him out with some personal financial obligations (paid off his truck and his motorcyle) with the understanding that he would pay her back. The amount is more than she can claim in small claims court. Things are now ugly since they parted--he doesn't care about any of the obligations that are owed to her and says some really nasty things in front of the child. She now wants to find out what her options are. Can this be handled even if he isn't employed?
2 Answers from Attorneys
Re: child support / debt obligation
She should obtain a child support order. Although she may not collect right away the judge will order him to make job contacts. She can also file a civil action on the debts that she paid off for him, but there may be a two year statute of limitations and certainly no more the four year statute of limitations to file that action. Good Luck, Pat McCrary
Re: child support / debt obligation
Your friend has a couple of ways she can get compensation from the ex but it will require considerable time dealing with the legal system.
1-Child support: She will have to initiate a paternity action to establish who the father is. Once that is done, child support can be ordered and even if he is not working now, the order is in place for collecting down the road.
2-Money loaned: She would have to sue him for breach of contract in Superior Court. There, she will have to prove the existance of an agreement and its terms. If she wins, then she will face enforcing the judgment i.e. collecting the monies owed.
I suggest she get the paternity action going first and deal with the loans later. She has three years to sue on the contract.
I hope this is helpful. Have a nice day-Martin
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