Legal Question in Family Law in California

Thanks in advance for answering my questions. My child's mother is taking me back to court to modify the child support order and I have a couple of questions. First, are there any circumstances where the judge would not take into consideration my other two children that currently live with me and take away my hardship deduction? Also, how is child care cost determined by the court. For example, the receipt provided in the court papers has the amount from summer childcare but the child is in second grade and only needs before/after school care during the school year. The cost for summer childcare is much more so how would the judge determine how much I would pay? Finally, would the fact that I file my taxes "married, filing separately" have any impact on how much child support I am required to pay or have any impact regarding loosing my hardship deduction for my other two children?


Asked on 7/08/11, 6:01 am

1 Answer from Attorneys
James Chau Law Offices James Chau

Your hardship deduction for your children from another relationship is a discretionary deduction the court allows. Generally, it is more favorable for granting them to parents with very young children. If the other children are much older, then you may not get it. As for child care, you need to prove to the court that child care is not used presently. If you dispute the amount requested, then it is your responsibility to request proof of payment and request receipts to determine whether or not child care is being used. You would have a right to request additional court hearings to have that issue flushed out for the court.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 7/10/11, 5:48 pm


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