Q: How can my son's mother get alimony after being divorced from me over 30 years?
The county of Los Angeles children services has harassed me with child support, arrears and now alimony for a mother who has only had our son for 3 years following our divorce. I lived in LA for more than 30 years, I now live in North Carolina.
A:
Sounds strange. The fact that it has been 30 years since the divorce shows that she hasn't needed spousal support for all this time. That would be one of your arguments. But since they are asking for it, you need to respond on the forms that you were served with. If you fail to respond, they can win by default. If Child Support Services will not drop the spousal support claim, you need to request a hearing.
Here is the California Child Support Services website:
https://childsupport.ca.gov/faq/
The following (in quotes) is from the Child Support Services website, under "Legal and Family Law" Question 10 (scroll down the page):
"10. Does California Child Support Services enforce spousal support orders?
Under Title 45, Code of Federal Regulations (CFR), section 302.31(a)(2), states must enforce spousal support for a spouse or former spouse who is living with the children provided two conditions are met. First, enforcement shall occur only if a support obligation has been established for that spouse and second, only if the child support obligation is being enforced under the state plan (as opposed to a “private” case). Under this rule, California Child Support Services can only collect spousal support while collecting current support for a minor child. Once all the children have legally emancipated, California Child Support Services can no longer collect or enforce a spousal support order."
"This applies to current support only. Spousal support has nothing to do with the collection of past due child support, or “arrears”."
When you ask a question online, like here, the answers you get are only going to be basic information, a starting point. Attorneys are trained to talk to you to find out all the important details of your story. Getting all the details is very important because it will make a big difference in the legal information given to you. It is strongly recommended that even if you get a response here on Justia, that you also talk to an attorney. Many have free first interviews. Even if you have to pay, it is worth it because you talking to a professional who is going to focus on you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
