me and ex-wife divorced when the kids were young she re-married and then 7 years later she filed for child support how can she do that now i am 51 and have to pay 700 a month when I only make 2000.00 should I get a lawyer and if yes can someone recommend one
2007-05-25 04:07:50 · 23 answers · asked by Theresa L 2 in Family & Relationships ➔ Marriage & Divorce
the state it was ordered in is California and it total about100000.00
2007-05-25 04:51:35 · update #1
The key word here is BACK child support. Your kids are grown now, but, just because you didn't support them when they were minors doesn't mean you're free from that obligation. Yes, you have to pay it. It caught up with you. Your ex would like to be reimbursed for having to pay for everything for your kids. She didn't create those children alone....so, she shouldn't have had to support them alone. My husband's father didn't pay child support when he was a child and years later my mother-in-law got the house (which he should have gotten half of...but, didn't because he didn't pay his child support) as 'back child support'. You have to pay up.....get over it. It came back to haunt you. You thought you could get away with not paying it. Now you see that's not the way it works.
2007-05-25 04:21:21 · answer #1 · answered by sassysusie 4 · 2⤊ 2⤋
In what state was the order issued and how much are the total arrears?
In california I can tell you that retroactive child support can be ordered from the date of the shorter of three:
The date the mother mailed a birth certificate or notice of paternity to the father
The date either parent separated from the other parent
Three years before the date the parent first applied for child support.
Form the amount, it sounds like you were charged with retroactive support and additionally, support going forward.
You stated that she went after support 7 years after you divorced and that you divorced when the children were young. That tells me that either you did not pay support when ordered or that she was on state aid or another reason she waited so long.
Regardless, it matters not. Child support is a judgement of the court and as such, the california courts are legally allowed to attach a percentage of 10% for unpaid support per year.
Therefore, unless you can post additional factts, I can only tell you that this debt will be yours (and is legally yours) until you either pay it off or die.
Also, when you do die, the debt does not go away. It will be a claim against your estate before any beneficiaries can take from your assets.
2007-05-25 04:48:27 · answer #2 · answered by hexeliebe 6 · 2⤊ 0⤋
It doesn't matter if you are 101...once child support is ordered, you have to pay it. Even if you drag it out until the kids are grandparents themselves, you still have to pay it. The weekly amount doesn't get billed to you after the child turns 18 but any monies you owed at that point is still owed and MUST BE PAID. Even if you die owing $5...that $5 will be deducted during probate. Child support enforcement ain't no joke hunny! You're lucky you aren't locked up for not paying for all those years.
2007-05-25 04:31:49 · answer #3 · answered by Anonymous · 1⤊ 0⤋
The reality is you should always contact a lawyer and get things down as to what happened or didn't happen.
You children can be in the 100's and you would still call them your children. Are you paying back the things you didn't before? A lawyer will help you on this.. If you can't afford one, contact your local social services agencies. There are always lawyers who work for a sliding fee, or will work for a lower rate with people on a lower income. You just have to go out and do something.
2007-05-25 04:16:25 · answer #4 · answered by Anonymous · 1⤊ 0⤋
They are your kids too. You should have been paying support for them from the moment you left the family. You owe back support and you have to pay it, those kids were not raised on air alone.
Google search for your counties usual average support amount. Or contact an attorney in the county the order is filed in. Most attorneys have a web site to submit your problem. They don't care about feelings only facts.
2007-05-25 04:31:19 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I some cases and only in some cases the ex-girlfriend went on to be with someone else and the only reason she is getting child support is because she want to abuse the child support system to get back at the ex-boyfriend. In this case the court system need to look at all factors in the case and try and arrange the payment and have a limit on what should be collected.
2014-08-14 08:42:03 · answer #6 · answered by Norman 1 · 1⤊ 0⤋
A friend of mine did not get child support from her ex and she had two children. To survive she recieved aid to dependent children from the state as she was going through nursing school. she never filed one thing against this ex husband but the state came back years latter when he became employed and made him pay back the state everything that he owed for not paying for the children. That is how it works and it does come back on a man even years latter. sorrry.
2007-05-25 04:34:21 · answer #7 · answered by Lindsey 4 · 2⤊ 1⤋
You still have to pay because if you would have taken care of your responsibility when they were young you would be done. Just think how much your ex-wife has been through raising the kids alone. Stop whining and finally be a man.
2007-05-25 04:13:26 · answer #8 · answered by PharmNerd 4 · 3⤊ 0⤋
the in arrears child support never goes away. even when you are dead, the debt must be paid. My adult children father pasted away yrs ago and I received some of the moneys he owed. 10 grand which I split 3 ways with my kids
2007-05-25 06:16:47 · answer #9 · answered by Bonduesa 6 · 0⤊ 0⤋
You owe it. She took care of the kids when they were growing up. She paid for clothes, school, doctors and other things while you didn't have to pay a dime. Sorry that you are 51 and having to pay the support you should have paid earlier.
2007-05-25 04:14:51 · answer #10 · answered by Anonymous · 3⤊ 1⤋