Legal Question in Family Law in California
Is Past Due Child support split 50/50 in a divorc?
My wife and I have been married since 1982. In 1976 court ordered child support of $200 a month was to be paid to my wife by her first husband ($100 a month for each of their 2 children). She has never collected any of that money.
We recently have found her first husband and he is doing well financially. Now with no statute of limitations on that debt that is still owed to her, is that money 50 /50 split should my wife and I split up ?
1 Answer from Attorneys
Reply: Is Past Due Child support split 50/50 in a divorc?
The debt is still owed (plus statutory interest) and it is owed to the payee on the underlying Order. Your spouses entitlement to collect child support is not community property.
I suggest that your spouse consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will both find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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