Legal Question in Family Law in California

Child support prior to filing of divorce papers

Is a father obligated to pay any kind of child support prior to divorce papers being filed? A legal seperation has not been filed either. The mother lives in another state with the two minor children and the father lives in California and is now going to file divorce papers but wasn't sure if he is legally obligated to pay support prior to a court order. He has been sending money to the mother each month. Will he get credited for the amount already paid out?

Asked on 4/18/06, 3:08 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child support prior to filing of divorce papers

A father is obligated to support his children and wife before and after separation. He should however, keep a record of all payments made after the separation. The best method for doing this is to pay by check and then keep a copy or the original of each check. The original check should be kept for the rest of his life in a safety deposit box. He will get credit for the amount paid against the court ordered amount of suppport ordered. After the first court order for support atll future support orders will be changed from the date of the filing of the motion to change support.

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Answered on 4/19/06, 10:37 pm

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