Legal Question in Family Law in California

Absent Dad

My sons father makes millions of dollers a year, and when we

initially sat down to discuss child support the attorneys both said

that we needed to go based on'' the need of the child''. At that time

we had joint legal and physical custody, that was 5 years ago. My

son has not seen or spoken to his father in 2 yrs. We had to modify

the custody because his father was never available. I now have full

physical and legal custody. Does this give me grounds to ask for a

change in child support?


Asked on 9/16/03, 8:01 pm

6 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Absent Dad

Yes. Contact a qualified attorney to discuss. Don Holben 800-685-6950

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Answered on 9/18/03, 6:19 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Absent Dad

Yes, I've worked on other matters involving similar facts. The courts follow a formula based on each parent's income and on many factors. The change in circumstances will allow a change in support. www.christopherbrainard.com

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Answered on 9/17/03, 5:51 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Absent Dad

It sure does, because, arguably, the time and money that would have been spent by the father when he was to be with the child is no longer being spent.

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Answered on 9/16/03, 8:29 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Absent Dad

yes, any change of circumstances in respect to child custody can be subject to modification of support, among other things. based on your facts, you should definitely seek counsel and seek modification of support payments as soon as possible based on your changed circumstances. if you would like a free consultation by phone regarding your case, please email us directly with your contact information, as we aggressively handle many family law cases similar to your own.

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Answered on 9/16/03, 8:35 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Absent Dad

Yes, you have grounds to modify child support. If the father's income has changed, that will be a factor as well.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues including child support and modification issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 9/16/03, 8:41 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Absent Dad

You certainly should modify support based upon the income of the father and not the "needs of the child." Call me directly at (619) 222-3504.

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Answered on 9/18/03, 11:19 am


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