Legal Question in Family Law in California
I received an order to appear in court. My ex-husband is trying to modify his child support arrears ($320,000 17 years worth of unpaid child support) children are grown and no longer living in my home. He lives in Oklahoma, I live in California. When I was served (by mail) it said I had to fill out some financial documents. Do I need to fill out my financial information? It's not for child support, it's for arrears. And there are no minors in home anymore.
In advance, thank you for your answer.
2 Answers from Attorneys
It's too late to modify now. If the child support is only for past due support, it's arrearage and he has to pay it. Make sure the court nows that he only owes arrears.
The Family Court has the power to make equitable adjustments to arrearages and to set a payment plan. Both of those decisions are affected by the receiving spouse's finances. So you do have to provide the information.
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