Legal Question in Family Law in California

both my girls are over 18. their father never paid child support in his life. he was always in and out of prison and was addicted to drugs. he recently got out this past July after being locked up for 11 years. can I take him to court for child support he never paid?


Asked on 4/30/10, 7:48 am

2 Answers from Attorneys

If I recall correctly, you can go to court for up to three years back support. So until your girls are 21, there is some right to back support. Of course support is based on income. Unless he was earning income in that time, you'll get nothing.

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Answered on 5/05/10, 9:09 am
Anthony Roach Law Office of Anthony A. Roach

No, not if you never had a child support order. Once a child reaches the age of majority, 18, the noncustodial parent is no longer liable for support. I have no idea where Mr. McCormick is getting the 21 year old thing. The exceptions for 18 are if the child is still enrolled in high school or developmentally disabled.

There is no such thing as going to court and filing a petition for back support. Family Code section 4009 makes support retroactive only to the date of the petition, or the OSC for support if the petition is not served on the opposing party within 90 days. Since the children are already of majority, you wouldn't get child support.

You shouldn't have waited all those years, and you should have obtained a child support order while he was in prison.

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Answered on 5/05/10, 1:49 pm


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