Legal Question in Family Law in California

Can a non-custodial parent get an equitable offset for child support already paid? for instance, if the child is 18 yrs. old but now the father is stating that he had custody for the prior 4 years and assumed that the support was for past due not current suppor?


Asked on 9/01/09, 11:50 pm

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

There are cases which provide that child support obligations may be fufilled by directly providing for the child. That is if the child moves into that parents home then the parent has satisfied their court ordered child support obligation. See In re Marriage of Trainotti (1989) 212 Cal.App.3d 1072 [261 Cal.Rptr. 36] Father has to do more than state that the child lived with him in prior 4 years. He will have to provide evidence that the child actually lived with him.

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Answered on 9/02/09, 1:53 am


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