Legal Question in Family Law in California

Child support can be paid in advance. It has been several years since I researched this issue, but at that time credit for advance payments was allowed only when the payee parent is given notice that the payments are being made in advance. The court considered the excess payments to be extra assistance from the payor parent to the payee parent. The court is authorized by law to determine the amount of pay back for over payment of child support. However, in this case you should argue that the payment was not an over payment but his generous additional support for our child. I do not recall the case I referred to above. I should be able to find that case or a newer case if you need it. With $47,000 at stake you should consider retaining an attorney to represent your. The department of child support services should assist you, but don't count on their helping you rather than him.

I would recommend that you contact Child Support Services to enforce the current order which he is now not paying. DCSS is the best approach to get a current payment stream from your ex. They may need to modify the current amount due based on changes in each of your income levels, but at least they will get him current. They should be able to argue that the additional $47000 was a gift based on his ability to pay. It is his burden to show that the $47000 was an advance, not a gift.