Legal Question in Family Law in California

Community Property/Personal Use

A couple was married. Husband had a child from another woman without his wife knowing. He has paid 100K in child support. The husband and wife are getting a divorce as the wife found out about it. She wants half of the 100K back as part of the divorce. Is she entitled to this?


Asked on 6/22/09, 12:55 pm

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Community Property/Personal Use

Not on the basis that it was wrongful conduct/a breach of his fiduciary duty, but possibly reimburseable if he had separate property funds which he could have utilized to pay instead of community funds.

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Answered on 6/23/09, 6:57 pm


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