Legal Question in Family Law in California
Child support
My ex wife borrowed money from me and does not want to pay me back. I do not have a written agreement but have the returned checks. Can I subtract the money from her support check without her consent?
3 Answers from Attorneys
Re: Child support
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NOW, IN RESPONSE TO YOUR INQUIRY --
Absolutely not. One thing has NOTHING to do with the other. If you withhold spousal support she is likely to get a wage assignment and/or get DCSS involved -- neither of which is desirable. I suppose you can sue her (in small claims court if the loan is $5,000 or less).
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Reply: Child support
I do not reccommend doing so. Continue paying the Court Ordered child support, and take her to small claims court on the money you loaned her.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Child support
If this was a loan you cannot subtract the amount that she owes you. If this was an advance payment of support, it can be subtracted. Good Luck, Pat McCrary