Legal Question in Family Law in California
My husband's ex wife (divorced Aug 2003) is still collecting child support for 3 boys(16,21,25), even though they are over age and have not lived with her since the divorce. She's also collecting spousal support. She's an alcoholic and is now hospitalized with liver disease (age 50). How can we stop supporting her habit? My husbands only fear is that she may come after him for more spousal since his income has increased.
2 Answers from Attorneys
Your husband should not be paying child support for the boys (who are now men) that are 21 and 25. The one who is 16 is an issue, that would be determined with more facts, such as relative income, and the court ordered vistation plan.
As to spousal support, that is also another issue that requires more information. That would depend on the court's order for spousal support, its duration, and factors that the court ordered or the parties stipulated to that would terminate spousal support.
Something is terribly messed up with your husband's support orders and situation. He needs to see a lawyer. There is no way she should have gotten any support for children who never lived with her. You really need a lawyer to sort it out for you.