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Old 01-14-2014, 08:25 PM   #1
mthr_clckr Female
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Default How long to collect in California?

I was a stay-at-home-mom since my son was born in 1997 and having been married for 11 1/2 years, I receive child support as well as spousal support, which my ex has been reasonably good about paying on time. However, when we divorced and came to a support agreement, we decided on a "pay-as-you-go" with regards to his bonuses. He's had the same job and I know for a fact that he gets a really substantial bonus every January. So I should have seen a piece of that first bonus Jan. 2010, then every January since then. That's five bonuses that I haven't seen a penny of...

Currently, I am doing well financially (working since July 2010) and don't need that money. I'm pretty sure that ex hasn't paid me the bonuses more because of the inconvenience of hiring some accountant to figure out how much of those bonuses were supposed to go to me and the kids. And frankly, I prefer to avoid the matter myself.

I'm wondering if there's a limit on how long such owed money can be left unclaimed. I don't want to find out in 2016 that I can no longer claim what I was owed in 2010. I would prefer to get this money when my son needs it for college (or whatever) when he graduates from high school in two years.

Anybody here well-versed in CA family law or maybe just basic accounting? I guess it's called "back-payment?" Can I claim back-payment from 2010 in 2016?

Thanks!
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Old 01-14-2014, 10:13 PM   #2
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Default Re: How long to collect in California?

In my state, if he is not paying you based on an order, than this is contempt. In my state, you can only file for 2 years prior on contempts. I think if I were you, I would be making a demand to preserve your rights and filing every 2 years.
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Old 01-14-2014, 11:09 PM   #3
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Default Re: How long to collect in California?

Eek!!! Two years?!?! Okay, I guess I had better really look into this, then. Hopefully, if I'd legally given up two years' worth of bonus pay, I can appeal to what may remain of ex's guilt for ruining my life. OR I can get him to agree to giving our son and daughter the money owed us (but never paid) when they graduate from high school. That might work out even better, since I won't have to personally pay taxes on it.

Thank you so much, LSL! Good to know there's a legal brain to pick, here.
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