Legal Question in Family Law in California

child support & pension payments

My husband's ex started receving $806 in pension payments, from their divorce. My husband was not aware of this, as he thought he had to be retired for her to collect. Three times they have gone to court about child support, and not once did she disclose her receiving the pension payments, having my husband pay more for child support. My husband wants to take her to court for perjury and back child support owed to him. On her I & E she didn't leave it blank, she put zero for her pension payments. She's saying it's community property interest and not income interests, when she claims it on her income tax. Can my husband take her back to court for fraud?


Asked on 2/16/09, 4:03 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: child support & pension payments

Sounds like it, but the court may impose a limitations period of 2 to 4 years.

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Answered on 2/16/09, 7:01 pm


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