Legal Question in Family Law in California
"My ex-wife is threatening me for back child support from the past 10 years when I have been the sole provider for our daughter this whole time! Please help!"
I live in California, and when my ex wife and I got divorced almost ten years ago, I agreed to pay child support to her of the amount of $1,000 a month because she had more physical custody (70/30) but there was always a 50/50 legal. However, after a few months, she was unable to care for our child anymore and we decided that I will take care of our daughter full time and that I would not pay her any more child support since she would be with me. This was a verbal and consensual agreement made between the two of us and we never went to court to file the change or got it notorized because everything was amicable. Now, things are bad and she is threatening to sue me for back child support, even though my daughter has been living exclusively in my residence and I have been paying for all her expenses from medical insurance to school supplies and clothes. I have all the school records, tax records, and family members/friends to prove that i've been her sole provider. I also havent received a single penny from my ex wife the whole time my daughter has lived with me. Is it possible that a california court would make me pay my ex wife back due to some loop hole? Im finally asking her for child support and this is what she threatened me with.
2 Answers from Attorneys
There is hope for you. What you will need to do is file a motion with the court. By showing the court that you have been the parent to care for the child the court can determine that you have discharged your support obligation by taking care of the child. You must file a memorandum of the law, as the judge may or may not be familiar with the law. Also, I see that you are in El Cajon and the El Cajon court has two new judges who have not handled a full time family law department before. This could cost you a lot of money if done wrong, so get an attorney.
Mr. McCrary is correct. You are technically in arrears by a LOT of money, $12,000 for each year PLUS 10% interest on every past due payment from when it was due. The good news is you are entitled to what are called Jackson credits against your arrearages. Those credits will reduce or eliminate your arrearages. You need to take the initiative and do it immediately, however, preferably with the help of a good attorney. The credits are NOT automatic and you need a lawyer to put together a good case that you are entitled to them with legally admissible evidence.
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