Legal Question in Family Law in California
Does spouse still owe back support now that he gets custody?
My spouse is $25K behind in child support because he has made partial payments, sometimes no payments at all. Now one child is turning 18 (has three more months of high school left) other child wants to leave in three months and live with spouse.
Will I have to pay child support now?
What happens to back child support that spouse owes me?
1 Answer from Attorneys
Re: Does spouse still owe back support now that he gets custody?
The child that turns 18 and has graduated from high school no longer needs child support so it ends automatically. The other child still needs support so a new calculation has to be done. I would suggest that any amount that you owe him be a credit against the arrears that he owes you. When that child is done the balance he owes you would still have to be paid in full with interest.
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