Legal Question in Family Law in California

divorce and childd support

Me and my ex have been seperated for 3 yrs, we are not divorced yet because he left me and my child with nothing in the bank and ran up a lot of debt for me (even though he makes twice as much as I do) he will not pay for the divorce, he told me too. I have not had any financal help from him, infact he has not seen,called, or written my child in 2 yrs. I am planning on filing for divorce this year now that I am back on my feet, can i get child support from him for the 3 years he did not pay?


Asked on 1/09/08, 10:45 pm

3 Answers from Attorneys
James Chau Law Offices James Chau

Re: divorce and childd support

Yes you can request reimbursement for the child support you paid. Make sure you keep a accurate diary of your expenses during the period in question though.

Law Offices of James Chau

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San Jose, CA. 95110

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Answered on 1/15/08, 5:16 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: divorce and childd support

A parent cannot seek reimbursement for the cost of supporting his or her child, unless there is a court order for the payment of child support. The debts that he incurred are another story. He may be solely liable for those debts. You should immediately file a petition for dissolution, and obtain an order for child support. Discuss the matter with an attorney you may want to choose the date he moved out as the date of separation. As all debts he incurred would be his separate debt.

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Answered on 1/17/08, 1:21 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: divorce and childd support

No. Your support order will go back to the date you filed your petition. You can get DCSS to help for free.

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Answered on 1/27/08, 6:08 pm


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