Collect Unpaid Child Support From Ex-Husband Who Is Due to Collect One Million Dollars.....

[cleeswin24]

California, Los Angeles county, 20 years ago we were divorced. My ex-husband and I have 2 daughters' resulting from our 5 year marriage. He was in jail when I divorced him, which, of course annulled the marriage. The entire 18 years our girls' grew up, he didn't pay a dime for child support. He didn't become active in their lives until they grew up. I raised our girls as a single mother. Our kids were competitive gymnasts etc. I paid for it all. One of our daughters' contracted Lyme Disease from a tick-bite when she was 12 years old forcing me to walk away from my career. Our daughter's Lyme treatment was and is out-of-pocket which led me having to sell my childhood home to afford the $4000 a month cost for our daughter's ongoing medical treatments etc. Without them she would have died several times. Ultimately, when the girls were grown, I ended up homeless because I sold my home, my vehicle, and valuable due to no one helping me with her medical bills, etc. My parents were my support system throughout the years my daughter fought for her life, always there with a shoulder for me to cry on as we all witnessed the disease take all quality of her life away. Then my dad was killed on his motorcycle and then 8 months later my mom died in a car accident. I was devastated. Needless to say, my parents left a Living Trust as I was the only child, which was used to keep my daughter alive and to get us by as I was forced to be her full-time caregiver. The bi-monthly cost of my daughter's medical bills, surgeries, etc was nearly $4000 which I ended up having to sell my childhood home to be able to pay for our daughter's ongoing medical. I even sold my vehicle and everything of value until she finally went into remission. My ex just never was able to pay anything for our girls' I lost everything and my ex-husband didn't help one time.
Now my ex-husband is about to collect one-million dollars from the sale of his grandma's house. My question is, do I have recourse for the unpaid, back child support now that he is coming into a large sum of money. I did collect food stamps for several years and am pretty sure the state of California will definitely want to be paid back their portion. And who would I initially contact regarding this so they can collect money owed before my ex hides it all. Please advise. Thank you,


Mom of 2 wonderful girls'

 

[commentator]

Good idea to remove too much personal details and your name from these posts. Did you ever, at any time during your divorce, have any kind of custody agreement or child support agreements established for these children? When you signed up for food stamps, did they initiate any support proceedings on your ex-husband at that time?

 

[LdiJ]

Good idea to remove too much personal details and your name from these posts. Did you ever, at any time during your divorce, have any kind of custody agreement or child support agreements established for these children? When you signed up for food stamps, did they initiate any support proceedings on your ex-husband at that time?

This is the key. If child support orders were established, and he simply did not pay, then you have possible recourse now. If there were no established child support orders, then he was not legally obligated to pay support, and you would not have recourse.

Your best bet is to consult with an attorney ASAP. An attorney will be able to research the situation and tell you whether or not you have recourse, and what you might need to do in the area where the house is located, to attach any proceeds from the sale.

 

[zddoodah]

Now my ex-husband is about to collect one-million dollars from the sale of his grandma's house.

I'm curious how you know this. Did he tell you this?

My question is, do I have recourse for the unpaid, back child support now that he is coming into a large sum of money.

Assuming the judgment for dissolution of your marriage included an obligation to pay (and I have a hard time imagining a court entering a judgment for dissolution of a marriage involving children that wouldn't contain such an obligation), yes.

And who would I initially contact regarding this so they can collect money owed before my ex hides it all.

If I were you, I'd consult with a local family law attorney. You could also contact the district attorney's child support enforcement division, but a private attorney may have more success. Although a private attorney will retain a portion of what is recovered, I think it will be worth it in the end.

 

[quincy]

cleeswin24’s post has been reported to the moderator so personal identifying information can be removed.

This is for your protection, cleeswin24, and for the protection of your children.

The post will be returned once there has been some editing.

 

[Litigator22]

cleeswin24’s post has been reported to the moderator so personal identifying information can be removed.

This is for your protection, cleeswin24, and for the protection of your children.

The post will be returned once there has been some editing.

Me thinks that cleeswin24 is an attention-seeking yarn-spinner. There are just too, too many glaring anomalies and frivolous embellishments to make her posting appear more credible than inventive.

Critically missing (as Z wisely suggests) is any mention whatsoever as to how the subject matter was treated in the twenty-year old California decree supposedly dissolving her alleged marriage to a supposed incarcerated husband and father.

 

[LdiJ]

Me thinks that cleeswin24 is an attention-seeking yarn-spinner. There are just too, too many glaring anomalies and frivolous embellishments to make her posting appear more credible than inventive.

Critically missing (as Z wisely suggests) is any mention whatsoever as to how the subject matter was treated in the twenty-year old California decree supposedly dissolving her alleged marriage to a supposed incarcerated husband and father.

What often happens in a situation like that one is that the issue of child support is put on reserve until the parent gets out of prison. I hope that the OP comes back and answers our questions.

 

[quincy]

Me thinks that cleeswin24 is an attention-seeking yarn-spinner. There are just too, too many glaring anomalies and frivolous embellishments to make her posting appear more credible than inventive.

Critically missing (as Z wisely suggests) is any mention whatsoever as to how the subject matter was treated in the twenty-year old California decree supposedly dissolving her alleged marriage to a supposed incarcerated husband and father.

You apparently missed the pre-edit post, Litigator22. The personal information provided in cleeswin24’s original post seems to check out and confirms part of what she has told us.

The problem is that the most important information, about her divorce decree, was not included in her original post. She will need to return to answer the questions posed by commentator in post #2 if cleeswin24 has not already sought out assistance from a family law attorney licensed to practice in her area (which probably would be the best action for her to take).

 

[commentator]

Assuming the judgment for dissolution of your marriage included an obligation to pay (and I have a hard time imagining a court entering a judgment for dissolution of a marriage involving children that wouldn't contain such an obligation), yes

Until very recently, I would have said exactly the same thing, but recently I've seen and heard of some very unique maneuvers regarding child support. Since this was an annulment based on incarceration, who knows? I'd also be with the big fat maybe on the whole story, though a house in almost any condition in CA might have a value this high. Get yourself a consult with a good attorney.

 

[Litigator22]

. . . Since this was an annulment based on incarceration (?) . .

Incarceration of a spouse is NOI grounds for an annulment of marriage! Neither in California * nor in any other state!!

Moreover, the OP didn't write that the marriage was annulled. She writes " . . .when I divorced him it annulled the marriage . . .".

[*] California Code, Family Code - FAM § 2210

 

[zddoodah]

Since this was an annulment based on incarceration, who knows?

The original post confusingly used both divorce and annulment terminology, but incarceration is not grounds for an annulment in California, so it must have been a divorce. See Cal. Fam. Code sections 2200 and 2210.

 

[not2cleverRed]

Incarceration of a spouse is NOI grounds for an annulment of marriage! Neither in California * nor in any other state!!

Moreover, the OP didn't write that the marriage was annulled. She writes " . . .when I divorced him it annulled the marriage . . .".

[*] California Code, Family Code - FAM § 2210

I've had a problem from the start with OP's use of this phrase.

Unless and until OP responds to this thread, clarifying the points that people have asked about (or assumed, reading between the lines), it is pointless to respond further.

 

[commentator]

I've had a problem from the start with OP's use of this phrase.

Unless and until OP responds to this thread, clarifying the points that people have asked about (or assumed, reading between the lines), it is pointless to respond further.

Absolutely, its not exactly a clear thing.