Clarkton, NC asked in Family Law for California

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.

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1 Lawyer Answer
Chris M. Bradford
Chris M. Bradford
  • Santa Monica, CA
  • Licensed in California

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:

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”."

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