Legal Question in Family Law in California

Child/Spousal Support

If original support was set up to require mother to be financially responsible for dependent college age children, what recourse is available if mother remarries and support ends? FYI-mother re-entered the work force after 20+ years of being a stay at home mother and works full time now but earnings are 1/4 - 1/6 of what ex-husband earns (approx. $150K-$250K). Dissolution took place in California but I am now living in Iowa.


Asked on 2/20/08, 3:37 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Child/Spousal Support

it sounds like you might have a breach of contract. maybe you can recover damages.

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Answered on 2/21/08, 7:17 pm
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Child/Spousal Support

I would probably look at the settlement agreement and find out if it was fair, and whether the mom had an attorney. Might be possible to have it set aside based on fraud, duress or coercion if mom didn't have an attorney. Hard to do this, though. Probably 50/50. Probably could tell the court that the money was actually intended to pay for the kids to go to college, even if it was called spousal support. You should talk to an attorney.

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Answered on 2/20/08, 7:35 pm


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