Legal Question in Family Law in California

Fathers Financial Future

I am a divorced father who was ordered by the courts to pay child support and spousal support. My only child is now age 2 and I have been paying support for approximately 9 months. A friend who went through a divorce and who had 1 child paid child support up until his daughter turned age 18. Thinking he was done sending monthly support payments to his ex-wife she decided to take him back to court for additional child support. Her arguement was that the money he was paying her on a monthly basis was a gift and not child support. Needless to say she won in court and now he has been ordered to pay $40,000.00 in back child support payments.

Question: Can this or anything remotely close to this

scenario really happen?

Question: What can I do to protect the financial future of

my daughter and me?

Question: Is there a way to make my monthly support

payments through the district attorneys

office or some other means so that it is

clear that the money I am sending my ex is in

fact for child support/spousal support?

Thank you in advance for your valuable time.


Asked on 6/04/02, 5:47 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Fathers Financial Future

It doesn't sound realistic to me. Pay your child support and keep all of the canceled checks. Child support is enforceable forever. I had a case where the mother tried going back to collect child support that was over 25 years old. (Youngest child was 43) He was wise enough to have proof of payment. Good Luck, Pat McCrary

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Answered on 6/05/02, 10:54 am


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