Legal Question in Family Law in California

statue of limitations

Married 10yrs. At the time of seperation I moved out to help clear issues we were having. Ex is Atty; he prepared divorce papers; being under pressure and emotional strain I allowed him to reside in family home, 2 children (now 10/11)reside w/him. I was self employed 10yrs; he pressured me to turn business over to him or put me out of busniness. Divorce final 2/98; joint custody, residing w/ him at the time it was in their best interest. assume all debts majority were his bus. tax liens (innocense spouse thru IRS)autos and majority of other assets. No alimony or child support awarded. I found new work; handle expenses on my own. I've been struggling ever since, my financial situation has created hardship. Visitation has been strained. My question is...can any changes be made NOW for financial support and more custody. I also want to know seeing how I can't afford medical/life ins. for children can he be ordered to have at all times? In the event something should happen to him is there a stipulation somewhere stating that the kids will go to me? His new wife asked me if they could remain with her, absolutly not. I did not abandon my children whatso ever, financially it was in their best interest only.


Asked on 9/09/02, 4:22 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: statue of limitations

Due to the length of time since the dissolution was entered, it is unlikely that any support could be ordered for you. You could change the custody situation and increase time with the kids. That may result in child support being paid to you. As far as the children go, if one parent dies the other would have custody unless they are unfit. The children would almost undoubtedly go to you. Good Luck, Pat McCrary

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Answered on 9/09/02, 4:40 pm


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