Previous Child Support

[momincalif]

I live in Calif. and I am getting ready to file for divorce from my 2nd husband. We have been separated for about 4 years. I was divorced the first time about 24 years ago. My first ex was ordered to pay child support but never did. I recently received a very large amount of money that the state collected from my first ex husband for back child support.
My question is, is my present husband entitled to any of this money. He never adopted my daughter from my first marriage.
Thank you

 

[I AM ALWAYS LIABLE]

My response:

No, he is not. That money is for reimbursement to you for money you theoretically paid out prior to your 2nd marriage for the upbringing of your children. However, even if that wasn't the case, it's still "separate" property because it was required to be paid to you, by court order, prior to your 2nd marriage.

Think of it this way : It's as if the money was being held by you in a separate account, owned by you, prior to marriage. All money and property owned by you prior to marriage is still your separate property.

Exception: If you commingle this money with marital funds in a joint account held by you with your 2nd husband, it loses it's identification as a "reimbursement", and could become an unwitting "gift" to the marriage you have with the 2nd husband. Therefore, keep all such money in a separate account.

Good luck to you.

IAAL