QUESTION
What can I do if my ex filed a case against me seeking arrears and payment for child support?
Asked on Apr 21st, 2014 on Litigation - California
More details to this question:
I have paid child support on-time and in full for thirteen years directly to my ex. My son lived with me 50% of the year. In December 2012, I moved from Maryland to California. Since he was 17 and in his junior year of school, my son decided to move in with my parents in Maryland. I continued paying support until his 18th birthday in October 2013. In December 2013 my ex initiated a case with the OCSE and is now seeking arrears and payment until my son’s graduation in June 2014 even though my son does not live with or visits her. My parents have notarized a waiver to seeking child support. What defense do I have in not owing her from October to June?
1 ANSWER
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If there was a support order in effect, you should have moved to modify it. Your ex is entitled to the support ordered, until you change the order. The fact that your son was not living with his mother does not change the order, only you could have done that. I strongly suggest you contact an attorney who regularly deals with DCSS to see whether you have any recourse at all. Support arrearages bear interest at 10% per year.
Answered on Apr 22nd, 2014 at 2:30 PM