Legal Question in Family Law in California
AFTER 20 YEAR MARRIAGE, I HAVE BEEN DIVORCED FOR THE LAST 7 YEARS.
COURT DESIGNATED JOINT CUSTODY OF MY 15 YEAR OLD DAUGHTER, PRIMARY RESIDENCE WITH MY X-WIFE.
WITH MY CONSENT, X-WIFE & DAUGHTER MOVED FROM PALM SPRINGS CA. TO WALNUT CREEK CA.
X WAS TAKING CLASSES NEAR WALNUT CREEK CA. TO BETTER HER EMPLOYMENT CHANCES IN THE NURSING/ MEDICAL FIELD.
X COMPLETED CLASSES AND HAS TAKEN A MEDICAL ASSOCIATED POSITION IN WALNUT CREEK. i WAS THINKING SHE WOULD RETURN AFTER SHE GRADUATED.
VERY EXPENSIVE TO SHARE COSTS OF BIWEEKLY AIRFARE BETWEEN WALNUT CREEK AND PALM SPRINGS... VISITATION DROPPED FROM TWO VISITS MONTHLY TO ONE VISIT.
I AM NOT RECEIVING PHONE ANY CALLS/ RETURN CALLS FROM MY DAUGHTER AS SPECIFIED BY THE COURT. MY DAUGHTER IS NOT GOING TO VISIT WITH ME FOR THE TWO WEEKS DESIGNATED BY THE COURT. IT'S COMMUNICATION BREAKDOWN.
I HAVE NEVER MISSED A CHILD SUPPORT/ ALIMONY PAYMENT IN THESE PAST 7 YEARS.
IT ALMOST SEEMS LIKE MY X WANTS THE LIMITED RELATION BETWEEN ME AND MY DAUGHTER TO END?
WHAT IS THE NEXT STEP TO HAVE MY X HONOR THE COURT'S CUSTODY/ VISITATION DECISIONS? DO I STILL PAY THE MONTHLY SUPPORT/ALIMONY IF MY X DOES NOT FOLLOW THE COURT'S DECISIONS? WOULD I BE BETTER OFF TO LET MY X HAVE SOLE CUSTODY AND I WOULD FLY UP TO WALNUT CREEK TO VISIT?...WOULD THIS CHANGE THE MONTHLY PAYMENT PLAN? WHAT IS THE NEXT LEGAL STEP I SHOULD TAKE?
2 Answers from Attorneys
First and most importantly DO NOT reduce your support payments unless and until you get a court order for a new amount. Your ex is in contempt of the court's orders. You do NOT want to be complaining about her contempt when you are in contempt yourself, not to mention the fact that unpaid support gets 10% interest added to it.
As for the custody and visitation, it sounds like its time for you to file a motion for contempt of the current order and for entry of a new order. What the new order should be depends on what you want and what your daughter wants, and ultimately what is in her best interests. If she is going to stay with her mom here in Walnut Creek, then you need clear guidelines for visitation and who will pay transportation costs.
If you and your ex would like to try to reach a mediated agreement here in Walnut Creek rather than have a judge decide in Riverside County, I would be happy to offer my mediation services.
It may be a good idea to ascertain if the child support you are currently paying is appropriate. Family Law attorneys and the court use a support program to calculate the correct child support.
Spousal support is based on a number of factors that may need further evaluation. If your ex wife is making more money than what she earned at the time the spousal support was originally calculated, then you may be entitled to a spousal support reduction.
As to the visitation issue, the main elements controlling that outcome rests with what is in the best interests of your daughter. If your current order for visitation is outdated or too loosely worded, then it is prudent to return to court to remedy this problem.
Do not hesitate to contact me for a free consultation to discuss your legal rights.
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