Is there any six month limitation to Child Support Back payments?

[kevinblackwell]

What is the name of your state? CA

My wife's ex-husband did not pay child support from Jan 04-Apr 04. He says he did, but said that he's not obligated after six months?! Someone know the law in CA and what route should be taken to have him verify that he paid (he said he did but no record of it, i.e check deposit), and to make him pay back child support?

Also, is there a difference between child visitation and child custody, and what is the purpose of legal custody vise costodial parent?

 

[Just Blue]

What is the name of your state? CA

My wife's ex-husband did not pay child support from Jan 04-Apr 04. He says he did, but said that he's not obligated after six months?! Someone know the law in CA and what route should be taken to have him verify that he paid (he said he did but no record of it, i.e check deposit), and to make him pay back child support?

Also, is there a difference between child visitation and child custody, and what is the purpose of legal custody vise costodial parent?

Is there a court order for chld support? If so what does it say?

 

[kevinblackwell]

The divorce decree stated payments were to be $1300 per month ($650/child x 2) to begin Jan 1, 2004. He did not pay until June 04, paying once on the 1st and once on the 12th to cover the month of May. Then continued every month afterwards according to my wifes bank deposit statements.

 

[Just Blue]

The divorce decree stated payments were to be $1300 per month ($650/child x 2) to begin Jan 1, 2004. He did not pay until June 04, paying once on the 1st and once on the 12th to cover the month of May. Then continued every month afterwards according to my wifes bank deposit statements.

Did your wife make a Contempt of Court complaint?

 

[kevinblackwell]

No. She did not realize he never paid until reviewing court documents due to child visitation issues that he seems to interpret differently. When he was asked about not paying he simply said that six months had past or something to that affect. Sort of a statute of limitations, I guess.

It was a retro child support under the divorce decree since it was prior to the actual divorce date and all final signatures.

 

[Just Blue]

No. She did not realize he never paid until reviewing court documents due to child visitation issues that he seems to interpret differently. When he was asked about not paying he simply said that six months had past or something to that affect. Sort of a statute of limitations, I guess.

It was a retro child support under the divorce decree since it was prior to the actual divorce date and all final signatures.

The first thing to learn is NOT to listen to legal advice from an ex....

I am not sure about the SOL in this situation...but my gut tells me it wouldn't apply. Stick around for others who will be able to advise you.

 

[BelizeBreeze]

There is no such thing as a 'six-month' rule. Once the payment is not made, it remains in arrears until paid.

 

[Astrolink]

Interesting that a person woudn't notice until years later that they didn't get a $1200 payment each month for 6 months.

 

[kevinblackwell]

to Astrolink

I'm not sure of your tone, however my wife refused to collected alimony and she refused to take 45% of his indexed retirement pension, which would otherwise be hers by law. She never would have seen the oversight if her ex didn't spout off about the extent of his rights to visitation, custody, and legal custody when there was an attempt to solidify a custodial and visitation schedule (another issue). However, when reviewing the uncontested divorce documents, it was clear he is missing back (retro - before the divorce became final and ordered in the divorce decree) child support of four months (Jan 04-Apr 04). When asked to check his records (canx checks) he denied not paying and stated a six month stipulation thing. My wife's records are easy to verify, since all payments to date were checks recorded as deposits in both her bank book and bank statements.

All this thread attempted to ask was to confirm whether an ex who is supposed to pay child support and missed those payments, could be made to make those payments up even after three years.

 

[Just Blue]

I'm not sure of your tone, however my wife refused to collected alimony and she refused to take 45% of his indexed retirement pension, which would otherwise be hers by law. She never would have seen the oversight if her ex didn't spout off about the extent of his rights to visitation, custody, and legal custody when there was an attempt to solidify a custodial and visitation schedule (another issue). However, when reviewing the uncontested divorce documents, it was clear he is missing back (retro - before the divorce became final and ordered in the divorce decree) child support of four months (Jan 04-Apr 04). When asked to check his records (canx checks) he denied not paying and stated a six month stipulation thing. My wife's records are easy to verify, since all payments to date were checks recorded as deposits in both her bank book and bank statements.

All this thread attempted to ask was to confirm whether an ex who is supposed to pay child support and missed those payments, could be made to make those payments up even after three years.

Yes...He has to make those payments. Make a Contempt of court complaint. He will also have to pay interest on the arreared amount.

As BB said ...This will never go away untill he pays it!

 

[kevinblackwell]

Thanks for your insight.

 

[Just Blue]

Thanks for your insight.

You're Welcome...good luck!!

 

[garrula lingua]

OP: You/your wife could go down to your County's Child Support Enforcement Department, and ask that the CS & arrears be paid through the County (free to wife).

Your wife will receive a listing to complete for each month since CS was ordered (amt ordered & amt paid). She must provide certified court orders for each time CS was ordered/modified (go to court & purchase a certified copy & bring to CSE.) Her information MUST be completely accurate.

The onus is on ex-h to prove he paid all support ordered.
The court will order any 'balance outstanding/ unpaid CS/arrearages' to be paid, with interest.
If ex has unpaid CS for 30+ days, his DL will be suspended if CSE is handling the case.

..there is no '6 mo SOL' in CA, but some custodial parents can wind up unpaid for arrears because they did not try to collect for many years (called laches - sitting on your hands for too long).

 

[jbowman]

Interesting that a person woudn't notice until years later that they didn't get a $1200 payment each month for 6 months.

It is also interesting that posters on this site are told over and over again NOT to count CS as income--but then when someone is doing exactly that, they get a stupid comment like this.

Someone always has to find a reason to complain.

 

[Astrolink]

I found it interesting that $1200/month wouldn't be noticed, that's all. I can't imagine what that would be like, being from the "poor side of town." I don't disagree with the posts here about the CS. It's owed, interest will most likely accrue, and it won't go away.

Am I stupid? Nah....foolish sometimes...surely!