Legal Question in Family Law in California

Child support payments

I have had a good relationship with my ex-wife until last week. I was only court ordered to pay $285.00 per month but upon verbal agreement (which she acknowledges), I paid much more than that over the years to cover his tuition, supplies, expenses, etc. but never paid her directly. She has since asked for more money which I decided not to do and she has now gone to the DA. Due to the fact that I paid more than 3 times the amount ordered in other ways, do I still owe her?? (It could be seven years or more)

Thank you


Asked on 9/23/03, 7:50 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Child support payments

You should retain an attorney. Unless you can prove the money given, receipts, etc., you may be stuck. People should not do these things without written agreements and records. Unfortunately, you don't learn these things until it hurts.

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Answered on 9/25/03, 11:48 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Child support payments

If you paid the $285 directly to your ex-wife, then you don't owe anything. If you paid for other expenses in stead of her directly you have a court case on your hands and you will need to prove that you paid those expenses in lieu of support, by mutual agreement. You should ask an attorney to review your support order, payment documents and any other documents that would support you not owing her any money. Interest on unpaid support is 10% per year, simple interest. You have a lot at stake. Get some good advice. Good Luck, Pat McCrary

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Answered on 9/24/03, 6:14 pm


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