Legal Question in Family Law in California
Temporary v. Permanent Child support Order
This is outside my expertise. A
temporary child support order was issued against my brother who was living off the rental income from the apartment building he lived in; wilthin a few years of the temp. support order the mother was awarded several million in a psych. malpractice case, but she did not tell the court about it. He never paid anything, the Order was not made permanent, it issued over ten years ago and no real effort to collect anything except one improper attempt. Lien against all family property where his name appears in amount of $200,000. Any possible defenses so I can get her to lower her demand from 100% of lien?
1 Answer from Attorneys
Re: Temporary v. Permanent Child support Order
The child support has accrued and is past due. The fact that the support order was temporary will not help. The only possible exception would be if the court retained jurisdiction to modify child support back to the date the original motion was filed or the order was made. The fact that many years have passed since the order was made may result in the court denying a modification. The general rule is that child support is due until it is paid and interests accrues at 10% per year. Take the order and any other documents from the divorce to an attorney for a review. After reviewing the documents and some legal research a niche in her armor maybe found.
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