Legal Question in Family Law in California

Divorced man w/ kids from ex-wife and ex-girlfriend

My boyfriend has 3 children from a previous marriage (ages 11, 12 & 17) & another child from an ex-girlfriend (5 months). There are no child support orders in place, but he pays support monthly for each child.

I would like to open a couple of businesses within the next couple of months. Everything would be under my name. I would need his help with one of the businesses. Him and I have talked about potentially getting married in the future.

Q1: Since there are no child support orders in place, could the ex-wife and ex-girlfriend come back seeking back payments? The amount he pays them is based on a verbal mutual agreement by both parties. He does not use a bank account and therefore has been paying support in cash.

Q2: If we do not marry, could either/both of the exes stake a claim on the business profits even though it is under my name?

Q3: If we do decide to get married, could my assets/income be used in calculating child support payments? What can I do to prevent this from happening?

Thank you!


Asked on 8/10/06, 1:23 am

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Divorced man w/ kids from ex-wife and ex-girlfriend

#1, How do you know for sure that there are no orders in place other than your boyfriends word?

#2, Child Support cannot be retroactively ordered.

#3, If you do start a business in the future, and one of the moms does seek a formal order, his income from a business could be used to calculate child support.

#4, If you get married in the future, there is a provision to consider the new spouses income in the calculation. It all depends on the circumstances.

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Answered on 8/11/06, 7:40 am


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