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  1. #1
    Join Date
    May 2013
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    2

    Angry Can I Be Ordered to Pay Child Support to My Ex when He Owes Me Arrears

    My question involves child support in the State of: CA

    My ex owes me $12,000 plus interest. He was in aa and jail, etc so until recently I had 100% custody. Now he has 'cleaned' up his act so a few months back I agreed to 50/50. Now he's taking me to court for child support. My son is 17 and has 1 year left of school.

    Do I have any hope of not paying him? I make about $80K and pay for all of my kids expenses (22 yo daughter). It's not bad but he wants $530/month in child support. My budget doesn't have that much wiggle room.

    Thanks.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can I Be Ordered to Pay Child Support to My Ex when He Owes Me in Arrears

    You can request that at least initially, any ordered support be applied to the arrears that he owes.

    (In the meantime, it's probably a good idea for your adult daughter to start supporting herself).

  3. #3
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    854

    Default Re: Can I Be Ordered to Pay Child Support to My Ex when He Owes Me in Arrears

    Unless you oldest is in college and your divorce decree specified that he share in the cost of education, the fact that you support an adult is your decision and won't be taken under consideration.

    If you make substantially more and the timeshare is 50/50 then yes - you could be ordered to pay support retroactive to date of filing and he can seek an offset of arrearages owed.

  4. #4
    Join Date
    May 2013
    Posts
    2

    Default Re: Can I Be Ordered to Pay Child Support to My Ex when He Owes Me in Arrears

    Thanks for the information and quick replies.

    EA1070a - I'm not quite sure what you mean he can seek an offset of the arrearages owed. Like a reduced amount? CA charges 10% interest so the interest payment alone is $100/month. I wasn't even going to go after it until he came after me.

  5. #5
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    854

    Default Re: Can I Be Ordered to Pay Child Support to My Ex when He Owes Me in Arrears

    Example: Let's say he files for support and based on the figures the court makes a support determination in his favor for $500 per month until the child turns 18 or until the child graduates high school if still in high school upon turning 18, or turns 19, whichever comes first. You could request that the support you would owe be offset against the arrearages he owes to you. So, if you were to owe a total of $5,000 for 10 months of support you could ask that those monies that you would ordinarily have to pay be deducted from the monies he owes you for back support.

    It all depends on the judge and the circumstances of your particular case.

    FWIW, under California Law money paid towards arrearages are applied first to the principal, then the interest.

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