Legal Question in Family Law in California

Back child support owed

my divorce was in Calif. and my ex husband owes me over 24000.00 in back child support. He has gone to court to ask the judge to dismiss all arrearages and pay zero. My divorce was final 3/98 and he filed with the court for this on 11/99. Is there a time limit for filing this. It seems to me that he waited a year and 8 months to do anything about it. This case is very complex as he also sued me for the house and other things that were granted to me in our original divorce, none of which I have received and he is now in a Chapter 13 status.

Asked on 7/20/01, 8:06 am

2 Answers from Attorneys

Adam Gurley Law Offices of Adam N. Gurley

Re: Back child support owed

There is no way that he can have arrears dismissed. What is is probably doing is trying to have the court determine the correct amount of the arrears. Child support is nondischarable in bankruptcy. Adam N. Gurley 415.334.8439

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Answered on 7/20/01, 12:50 pm

Matthew Kremer Law Offices of Matthew M. Kremer

Re: Back child support owed

The other attys response is correct. However he may be able to reduce his payments on the arrears in the Chapter 13.

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Answered on 7/20/01, 2:26 pm

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