Hi,I am legally divorced for 7 years now with full physical and legal custody for my son who is 9 y o. We separated with my ex husband (my sons dad) since my son was 6 month old. My ex never ever paid any child support. He was hiding from the government just not to pay. I had a case open for several years with OC DCSS but it was closed by them because they could not physically locate him to serve all papers. If I reopen the case now, is there any way to recapture child support from the last 9 years or it will be valid only from the date they can serve him papers? Thanks in advance for all your answers!
If there is a court order, arrears and interest have been accruing since the RFO/OSC was filed.
All of Ms. Straus’ responses posted on Avvo are intended as helpful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. Good luck.
Review your divorce judgment. If it states an amount of child support due and that has never been changed, then child support has been accruing all these years, plus 10% per year on each payment due.
If it has been some time since you contacted the DCSS, suggest you contact them again. I would also suggest you Google him and use some of the online people finder websites to see if you can help locate him.
I agree, if there is a Court Order/Findings and Order or Judgment ordering him to pay, the child's right to that support does not go away just because time passed. If there is no court order, it's a concept of NOTICE. He would need to be served with a Request for Order asking for child support and the court could go back to the date of service for the support.
If you were ever on aid for families with dependent children, there is no NOTICE requirement and they will chase him down until they have full reimbursement. Even if you were only on welfare for a short time, they will go after him for support. Contact the DCSS - they will know. Good luck!
All of Ms. Posey’s responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. The response does not create an attorney-client relationship. Ms. Posey is licensed to practice law in California and her practice is in Mission Viejo and Coto de Caza.
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