Legal Question in Family Law in California
My ex and I currently have 50/50 custody. (He has the children Saturday, Sunday) There are times he doesn't pick up the children. He agreed in the beginning to help with the cost of food and insurance. Now he refuses outright to pay because he has 50/50 custody on paper. He will occasionally deposit money into my daughters account but that does nothing for my son. Do I have a case for child support? How do I prove I have the children 80% of the time? I'm unsure of his current income level.
2 Answers from Attorneys
When you say 50/59 custody is that joint physical or joint legal custody. It really makes a difference. If the agreements you talk about are not in your order, they mean nothing.
You might be entitled to child support but you will do a modification order. You should see an attorney about this.
The description of your situation suggests that you don't have any orders for custody visitation or support. You would benefit greatly from getting specific court orders covering those areas so you can be certain on parenting timeshare and the financial needs affecting your daughter.
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