Question

  04/11/12, 11:11 pm
I am divorced from my husband. We have two kids. I do not want him to pay alimony, he does not want to pay it either. I can take care of them myself. One child is 3 the other is 4. I went to a hearing and provided DNA tests showing he isn't the father. The judge insists on having him pay because he says that they are over two years old and this is somehow relevant in California law. He said he is giving us a change to file a "Judgment" What does this mean? What should I do?
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United States   |   California  |  Family Law Divorce Child Custody and Adoption
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Answer

Darrell York Says:

Apr 12,2012 10:17 AM

I am not sure if you are asking about child support or spousal support (alimony). With child support the parties can waive it but there must be specific language in the judgment. The parties need to acknowledge that they have been informed of the child support guideline, the children's needs would be meet without paying the guideline amount, etc. If the judgment does not have this language the court will not approve the judgment. The judge was speaking about the ability to contest paternity and the family law code is specific about when you can challenge it and it appears you can no longer challenge it. There has been case law on this issue and it does not seem fair but unfortunately that is the state of law. With respect to spousal support (alimony) any party can waive that.


Darrell York
Law Offices of Darrell J. York
27240 Turnberry Lane, Suite 200,Valencia, CA 91355
866-908-2121
http://www.djylaw.com

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