Legal Question in Family Law in California

Married to spouce with an EX and child

Hi I am married to a woman who was previously married. We live in NC and she was divorced in Santa Clara County in Ca. She has a son who is living with his father. When they where divorced my wife was to pay child support which she paid some. Over the course of time she didn't work then we had a child of our own however the support was never modified to reflect any of these changes. In addition much of the time she was communication with her ex and they had made some arrangements however none was recorded in court. Now she has a outstanding balance of 15000.00 and has again struck a deal with her ex that we pay 7000 and 300 a month. The notarized agreement was filed in court however the DA has still not closed the case and in the mean time her ex has said he wants to stop that agreement. He uses this and others against her and continues to harass her ( still a bitter man). My question is, I am tired of all these problems in addition our tax refund was intercepted and now we are receiving threats of liens against our house, bank accounts etc. What rights do I and my 16 month old baby have? Is their anyway I can protect myself and my daughter.


Asked on 7/16/01, 2:14 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Married to spouce with an EX and child

Your wife should take steps to reduce the current child support. In California child support cannot be changed once it becomes due. A motion to reduce child support should be filed immediately. Child support has no time limitation for collection. However, there are some recent appellate court cases that apply the ddoctrine of laches. That is he could be prevented from collecting past due child support if the delay is such that allowing it to be collected would be wrong.

The modification of support should be done in North Carolina, as that is where you live, and California would normally not have personal jurisdiction over her needed to make a child support order. North Carolina law regarding child support would apply.

Your wife should take action to get a court order for her to have visitation. This would have to be done in California.

As to your rights you would have to discuss that with an attorney in North Carolina.

You should discuss the facts of your case with an attorney.

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Answered on 7/17/01, 2:05 am


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