Legal Question in Family Law in California
Deduction of Re-Payment of loan from child support
I loaned my ex-spouse money while we were separated (I have a hand written signed note, and cancelled check varifying the loan). She now refuses to pay me back. Can I legally deduct the loan amount from the monthly child support checks I send her?
1 Answer from Attorneys
Re: Deduction of Re-Payment of loan from child support
I wouldn't do that without court permission. You're under a court order to pay child support, and if the court found that you deducted monies you weren't supposed to deduct, you could get in a lot of trouble--including spending time in jail.
Why don't you see if you can work something out with her? Maybe she would let you deduct a small amount from each payment (get this in writing--and preferably have it approved in court), or maybe she has something you'd like (did she take the sofa, and you'd as soon have that as the money?).
Good luck.
Diana Mercer
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