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Child Support Arrears

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Melbel

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA

Child support case was opened in 2008. During that time my now ex wife and I were in an off and on relationship. We were living together and even leased an apartment together. I did not give child support because we were together and I was providing for our son. Our relationship ended completely in 2009. Now that we have been divorced for 5 years she has reopened the case and arrears have accumulated for 2008 and 2009. My question is, is this valid since we were living together and I was providing for our son?
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? CALIFORNIA

Child support case was opened in 2008. During that time my now ex wife and I were in an off and on relationship. We were living together and even leased an apartment together. I did not give child support because we were together and I was providing for our son. Our relationship ended completely in 2009. Now that we have been divorced for 5 years she has reopened the case and arrears have accumulated for 2008 and 2009. My question is, is this valid since we were living together and I was providing for our son?
yes, as long as there is an order for child support, it is still valid. your job is to prove the child was living with you during that time frame. which can be done.

but this was 5-6 years ago....so you might have to do a full audit and i don't see this as being easy for you.

if mom decides to write that off for that time frame, then that is your easiest bet.
 

Melbel

Junior Member
yes, as long as there is an order for child support, it is still valid. your job is to prove the child was living with you during that time frame. which can be done.

but this was 5-6 years ago....so you might have to do a full audit and i don't see this as being easy for you.

if mom decides to write that off for that time frame, then that is your easiest bet.

I can provide proof and will go through the audit process because the arrears are totaling quite a large amount.

We had a court visit yesterday and when I asked her to admit to those years she stood quiet so she won't sign off on it that is why I want to provide the proof that our son was living with the both of us during this time.
 

Isis1

Senior Member
I can provide proof and will go through the audit process because the arrears are totaling quite a large amount.

We had a court visit yesterday and when I asked her to admit to those years she stood quiet so she won't sign off on it that is why I want to provide the proof that our son was living with the both of us during this time.
may i ask what proof?

insurance records? school records? a lease?
 

Isis1

Senior Member
Lease and school records

request a full audit for those years. give them copies.

i have found my child support offices to be awesome and handling most things out of court...try that venue first.

the next step would be to file a motion to request an audit and possibly subpoenaing those documents directly from the source so they show up untampered.
 

Melbel

Junior Member
request a full audit for those years. give them copies.

i have found my child support offices to be awesome and handling most things out of court...try that venue first.

the next step would be to file a motion to request an audit and possibly subpoenaing those documents directly from the source so they show up untampered.
I will try the child support office first and go from there. Thank you for your help.
 

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