Legal Question in Family Law in California
I am going trough a same sex divorce or ending of our domestic partnership with my ex. We have a child and have joint custody...my question is: I was the full time parent until last September when my ex decided to take on her parental duties during her custodial time...we have lived in the family home until the end of January of this year. Our legal separation goes back to January 2010. I moved out of our family home and the courts awarded me spousal support and child support retroactive to January 2010. The courts were aware of the fact that I lived at the house and that my ex was paying the household expenses. I am 67 years old and have been working part time since our son started school. He is now in 6 th grade. I guess I am refered to as "the misplaced house wife". I am hearing that I will not be getting the retroactive awarded by the courts because I lived in the family home. Regardless of the fact that I was still the full time parent until last September.
1 Answer from Attorneys
If the courts ordered retroactive child support then and it is not paid, then you would need to file a motion to request that the amount of arrearages be determined and paid back. You are right there may be an offset for the fact that you were living in the home while the other party was paying the rents so that may offset any amounts of support you receive. You should consult with a local attorney to see if you may be able to get representation and have the other side pay for her fees.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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