QUESTION
Is it too late to seek spousal support after a simple divorce?
Asked on Oct 25th, 2013 on Family Law - California
More details to this question:
I did not seek spousal support and my wife did not seek child support. I was unemployed at the time and left the marriage with nothing. Now my ex is seeking child support despite the fact that I never sought spousal support in which I was entitled. After getting a job she still didn't seek child support. Now she is seeking support because I got behind in bills and told her I couldn't give her any money until I got caught up with bills. Is she in breach of our agreement to not seek support from each other.
1 ANSWER
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Child support is calculated based on a software program called a 'dissomaster'. There may be many factors that are used to calculate the amount of child support. However, the predominant factors are the income of both parents and the amount of time spent with the child.
A verbal agreement with regard to issues in a divorce is not binding. A written agreement, as in a Marital Settlement Agreement or Stipulation, must be signed and notarized by both parties and approved by the court and then becomes part of the divorce settlement.
Answered on Oct 25th, 2013 at 4:14 PM