Legal Question in Family Law in California

Is Past Childcare Due From Before the Time a Judge Ruled on It?

Our divorce papers state that I have to pay 1/2 my ex-wife's childcare, but it says nothing about her paying 1/2 MY childcare. If withold some support as a way to collect 1/2 my childcare expense from her, and a judge later rules that she SHOULD pay 1/2 my childcare (though our papers currently dont mention she should), will he require me to pay back that childcare money I collected from her (in the form of witheld support) because our papers did not mention that she should pay me 1/2 my childcare expenses?


Asked on 3/11/04, 11:21 pm

1 Answer from Attorneys
Damian Nolan Law Offices of Damian M. Nolan

Re: Is Past Childcare Due From Before the Time a Judge Ruled on It?

You should never take matters into your own hands. The order may need to be modified - this can be done through the courts or you could come to an agreement with the mother and file a stipulaion with the court signed by both parties with a place for the judge to sign underneath a caption "IT IS SO ORDERED"

If you make a unilateral decision to alter the court order, the mother can indeed seek reimbursement and possible interest - so, it is not a good idea.

Regards, Damian Nolan.

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Answered on 3/12/04, 11:59 am


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