Legal Question in Family Law in California
I have had full legal custody of my two children, ages 13 and 15 since 1999. My ex wife was order to pay child support........she has paid nothing in these ten years, because she had no means to do so. She has now remarried, she does not work but her husband has a good, permanent job. Can I collect child support under these circumstances?
1 Answer from Attorneys
Yes you can. If she did not have the means to pay, she was supposed to go to court and get the support order modified or cancelled. In addition, you cannot choose not to work when you have children to support, unless you want to pay based on what you could earn anyway. If she wants to be a stay-at-home wife, that is fine, but you are entitled to get a vocational evaluation of her employability and she has to pay based on what she could make.
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