Legal Question in Family Law in California

I and My ex wife divorce in 2001. The case was settled and I agree to pay child support until they reach 19 yr olds adn spousal support $400/mo until I reach 60 yrs! Since My x-wife works so we verbally agree I do not have to pay child support.Anyway besise $1800.00 for child support I give her $400 a month to help misc expense of the house. My two kids are now older then 20 yrs and now they do not get along with her so they move in with me. She has not share any expenses since we divorced until now. 1) My questions is What If few years from now she turn around and ask me to pay the spouse support ?Is there a statue of limitation here? 2) she borrowed $20,000 from me and has not paid it back if the court still grant the spouse support amount can I use the loan amount to cover the amount of spousal support I owned. Thanks and best regards. Dan


Asked on 12/22/09, 10:40 am

1 Answer from Attorneys
Cosmo Taormina Law Offices of Cosmo Taormina

Dan:

1) Yes, she can ask you to pay the support arrears. Depending on the circumstances, there is *generally* a 4 year statute of limitations. My answer assumes that you have a court order that you are paying support under.

2) This is a civil matter; that is, you have to sue her in civil court if she will not pay the money back (its a simple breach of contract action). Until the amount she owes you is determined, you cannot use it as an offset to any support you owe. But it gets worse. If she is using the support money for the essentials of life you will not be able to take the full amount of the check. In other words, a certain portion of the check will be off limits to collection. This is a complicated analysis and you should consult with an attorney as soon as possible.

Good Luck.

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Answered on 12/28/09, 12:49 pm


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