Legal Question in Family Law in California
I was on disability and under great mental stress do to my abusive husband. Our divorce was in approx. the year 2001. He was ordered to pay approx. $200 a month to me in spousal support. The mental and verbal abuse continued so I thought if I stopped the payment of support it would stop. So I sent a notarized letter to his place of employment to ask them to stop the payment and the did. The mental abuse still continues, he instills it and sends it through my children. Never the less the abuse continues indirectly. I never filed though the courts and I don't know if it ever was, this was back in approx. 2004. Can I reinstate the support and if so would it go back to him owing me from the date it stopped?
2 Answers from Attorneys
If you did not get a court order modifying the support, then yes, you can reinstate it and he owes the back support.
Just notifying the payroll department to stop the deductions does not terminate the court support order. Please meet with an experienced family law attorney to assess your legal options.
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