Are we doomed?

[tab62]

What is the name of your state? Washington State

This seems to be impossible but I want your advice on what could happen in real life. My wife has been raising her daughter for the last 11 years without a Support Order against her ex-husband- basically he paid a little bit of support here and there but only when he wanted to. She recently filed one in the state of California, where he lives, and now he is trying to flight the order in court.

His first move was to basically counter-sue by saying there was an original support order, in the divorce decree, that stated that his wife was to pay him $33 per week-long story but he had custody of his daughter when they first got divorced and then 9 months later she went to family court and got physical custody for her. And even though she has had physical custody, they also have joint custody, for the entire time he is now asking for over $30,000 in back child support. He claims that he can put her in jail also if we push him to hard.

He is willing to drop the case if we drop our case of child support order against him. Should we hold our ground and hope the San Francisco judge sees though this or give in to him?

Please fire away at us since I want to see all the possibilities that could happen…


Thanks.


Tom

 

[stepmom&mom]

If they have a court order stating that she must pay him child support, that does not change until she gets a modification.

 

[MtnMoon]

When your wife obtained physical custody, was there a modification to the original child support order? If not, and the original order stated your wife was to pay child support to her ex...and she didn't...her ex could file an affidavit for contempt of court. An argument may be presented to the court that there is good cause the arrears alleged by the father is incorrect... Read the below sections of CA statutes ~ family code. So, this doesn't seem to be a cut and dry situation.

Here's the website addy for CA statutes: http://www.leginfo.ca.gov/calaw.html

Under Section 17500, it states: "child support delinquency" means an
arrearage or otherwise past due amount that accrues when an obligor
fails to make any court-ordered support payment when due"

Under Section 4053, it states: "(i) It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children.
(j) The guideline seeks to encourage fair and efficient
settlements of conflicts between parents and seeks to minimize the
need for litigation."

Under Section 4003, it states: "In any case in which the support of a child is at issue, the court may, upon a showing of good cause, order a separate trial on that issue. The separate trial shall be given preference over other
civil cases, except matters to which special precedence may be given
by law, for assigning a trial date. If the court has also ordered a
separate trial on the issue of custody pursuant to Section 3023, the
two issues shall be tried together."

Under Section 4005, it states: "At the request of either party, the court shall make appropriate findings with respect to the circumstances on which the order for support of a child is based."


Section 4500 in particular may peak the interest of an attorney with regard to your wife's situation. For instance, if the child support was ordered based on the fact that your wife's ex had custody of the children...and then circumstances changed...then the court may take into consideration what changed. But, it's difficult to say what a judge will do. It's highly advisable for your wife to consult with an attorney. Many will provide free initial consultations. She may also contact Child Support Services and speak with a representative. The reps can be very helpful in answering questions.

Hope some of this helps!

 

[LdiJ]

What is the name of your state? Washington State

This seems to be impossible but I want your advice on what could happen in real life. My wife has been raising her daughter for the last 11 years without a Support Order against her ex-husband- basically he paid a little bit of support here and there but only when he wanted to. She recently filed one in the state of California, where he lives, and now he is trying to flight the order in court.

His first move was to basically counter-sue by saying there was an original support order, in the divorce decree, that stated that his wife was to pay him $33 per week-long story but he had custody of his daughter when they first got divorced and then 9 months later she went to family court and got physical custody for her. And even though she has had physical custody, they also have joint custody, for the entire time he is now asking for over $30,000 in back child support. He claims that he can put her in jail also if we push him to hard.

He is willing to drop the case if we drop our case of child support order against him. Should we hold our ground and hope the San Francisco judge sees though this or give in to him?

Please fire away at us since I want to see all the possibilities that could happen…


Thanks.


Tom

Your wife needs to locate her custody paperwork and review it. Unless there was a serious mess up on someone's part, when she got custody that should have vacated the child support order against her....even though she didn't file for child support herself at that time. I would also be wise to consult with an attorney as well.

Laura