Legal Question in Family Law in California

Child Support Sources of Income

My new husband has a capital gain from selling a home that he owned with his second wife. Now his first wife, they were divorced over 11 years ago, with whom he shares one 17 year old daughter is threatening to go into court to demand part of the procedes from that sell. He currently pays over $900 per month in child support because the mother asserted and won a 0% time share in the current order. We are in the process of attempting to purchase a new home, but there will be approximately $60,000 left after that purchase which we want to use to pay off debt and put into long term savings. Can the mother of his child be legally awarded any of the money from the sale of his home. The current support order is done thru wage assignment, and he owes her no back support. In fact she owes him back support from when one daughter lived with him. We are also expecting a child in June and at that time we want to know if we can seek a modification on the current order.


Asked on 3/08/05, 1:15 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Support Sources of Income

Whether she is entitled to a part of the proceeds would depend upon the terms of the divorce judgment or marital settlement agreement. He should consult an attorney regarding this demand. The attorney would need to review the judgment disolving the marriage and any agreement dividing the property.

Read more
Answered on 3/10/05, 1:49 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California