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?


Asked on 11/20/02, 9:11 pm

3 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Child support

Dear Inquirer:

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If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

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.

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Answered on 11/21/02, 1:11 pm
Brian Levy, Esq. Law Office of Brian Don Levy

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

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Answered on 11/21/02, 1:18 pm
PATRICK MCCRARY PATRICK MCCRARY

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

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Answered on 11/21/02, 11:38 am


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