Q: After filing to my ex to pay spousal arears he is claiming we had a personal loan that was deducted from his inheritance
Married 10/1990, seperated 1/2011 and divorced 5/2012. Cal. DCSS collected child and spousal support until 6/2019, at which time DCSS reported a $25k arears balance. He hasn't paid spousal support since 2019. Now that I have filed with the Riverside Family Court of California to enforce by lien and garnishment, my ex claims he forgot about a personal loan we had to purchase a business in 2005. Needless, to say we didn't have an outstanding loan, he didn't include the "loan" during our divorce nor did he mention it after his mother's death in 1/2020. He must have taken a loan from his mother that was ultimately deducted from his inheritance but I didn't have any part of it. Doesn't he have to support that there was a loan? isn't there a statute of limitations, and/or isn't an inheritance a gift and not subject to community property IF there was a loan?
This isn't the only "non truth" he has placed in this suit. I am currently pro per but I need help
A:
In California, if your ex-spouse is claiming that a personal loan offsets his obligation to pay spousal support arrears, he bears the burden of proving the existence and terms of that loan. It is his responsibility to present evidence of the loan, such as a promissory note or payment records.
The fact that he did not mention this loan during the divorce proceedings or immediately after his mother's death could undermine his claim. Additionally, there are statutes of limitations for debts, which may render his claim untimely if he cannot establish that this was a recent debt. Inheritances received after separation are typically considered separate property, not subject to division as community property.
If you feel overwhelmed, it may be prudent to seek legal assistance, as an attorney can help navigate these complex issues and represent your interests in court.
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