Q: if my ex-wife did not have our child living with her for three years but was still receiving Child support is that Legal
Now he’s 30 years old has his own house and Child and I had a stroke two years ago and have been not able to pay my child support
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A:
Based on the information you provided, there are a few important legal considerations:
1. Child support obligations generally end when the child reaches the age of majority (18 in California) or becomes emancipated. If your son is now 30 years old, it is likely that you are no longer legally obligated to pay child support for him.
2. If your ex-wife received child support payments while your child was not living with her, she may have been legally required to report this change in circumstances to the court or the child support enforcement agency. Failure to do so could be considered fraud.
3. If you have been unable to pay child support due to a stroke or other medical condition, you may be able to request a modification of your child support order based on your change in circumstances. This would require filing a motion with the court that issued the original child support order.
4. Any unpaid child support from the time before your son turned 18 or became emancipated is still considered a legal debt that you owe. However, given your medical situation, you may be able to negotiate a settlement or payment plan with your ex-wife or the child support enforcement agency.
It is recommended that you consult with a family law attorney who can review the specific details of your case and advise you on the best course of action. They can also help you understand your legal rights and options based on your current circumstances.
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