Legal Question in Family Law in California

I'm not living with my wife and have been paying child support. The paperwork has not been done through the courts yet showing me to pay child support. Do I have to pay child support when we are living separatly, but still married if the paperwork is not done? Where could I find proof of this to show her? I have been paying because I want to help my daughter, but her mom is going crazy if I'm a day late or anything> Thanks


Asked on 4/19/10, 5:04 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You have a duty to support your child, regardless of the status of any divorce litigation or paperwork ordering you to pay child support. You should keep copies of any payments you make, because when a case is filed, such as a dissolution, your wife may attempt to obtain retroactive support, and you will want to show that you did pay support. I don't understand how her mom is upset when you do not have a court order. I'm assuming that you have an informal agreement to pay support during separation.

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Answered on 4/29/10, 3:59 pm


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