Valley Village, CA asked in Family Law for California

Q: we have never gone to court for anything and I send money every month she now says I owe back support what are my rights

I live in California and she lives with my daughter in Rhode island... I have paid every month and she claims I owe back support but we have never gone to court. what are my rights. she is also using our daughter as collateral saying I cant see her unless I pay

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: If you've never been to court, how did you determine what amount to send each month? Did the two of you just agree on something? You have to pay support, but there is a method to computing the amount owed. She can't say you're behind if the amount you're paying was just plucked out of the air.

Did you agree to let your daughter move to RI? If so, then you might have to go to RI to set child support and a visitation/custody schedule. Is there a court case in California of any kind? Divorce maybe? If so, you might be able to re-open that case and set support and visitation/custody in CA instead.

Andy

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