Legal Question in Family Law in California

Child Support for a parent who is in arrears

For the past 13 years, my husband and myself have had custody of his 15 year old son. He has now chosen to go and live with his mother. His mother is in arrears on support to us in the sum of between $90,000-$100,000. She has failed to pay support for the many years he has lived with us. My question then is, will we have to pay her child support for my stepson given that she is in arrears so much money?


Asked on 9/07/99, 2:42 pm

2 Answers from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Child Support for a parent who is in arrears

If she seeks an order for support it will be granted. Any sum not paid by your husband would be an arrearage. You might be able to get credit against such an arrears using the money owed to you. See In re Marriage of Keith G. and Suzanne H (1998) 62 Cal.App.4th 853 (go to local law library).

If she files a motion for c/s, you should file a companion motion for judgment on arrears and payment on the judgment. When the boy turns 18, you should really go after her (assuming she has income or assets).

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Answered on 9/09/99, 4:07 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Child Support for a parent who is in arrears

you will not have to pay her support unless she can get a new court order.

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Answered on 9/09/99, 12:57 pm


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