Legal Question in Family Law in California

Can ex deduct from my support check without court order?

My daughter will be 18 on 7/24th, she has chosen to live with her dad(NCP)(where she is not accountable) until she is 18 and can move in with her boyfriend. Her belongings were not completely removed from my home until 6/17/03. The ex says he overpaid 6/1 bimonthly check since she decided on the 6/4 to change living arrangements. He states I now owe him the difference $369.20 or he will deduct it from my next spousalcheck. There is nothing in my divorce decree re:change of households. Not to mention my June bills cover usage for the month of May when she lived with me full time. Can he do this?

Thank you from a confused mom who's heart is hurting over loss of daughter.


Asked on 6/22/03, 3:41 pm

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

Re: Can ex deduct from my support check without court order?

Technically he must pay the child support payments until the order is changed by the court, or the duty to pay ends by operation of law. The support obligation would end by operation of law when she reaches age 18 and had graduated from high school or ceases to attend full time.

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Answered on 6/25/03, 2:12 am


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