Legal Question in Family Law in California

change of custody/child suport

My ex wife has had physical custody of our son and daughter since our divorce five years ago. My son recently

decided that he was going to live with me. So, last weekend he moved in. Do I still have to pay child support

to my ex wife for him now that he is living with me. Does my support obligation in regards to my daughter change

now that each of us have one child live with us? What is my first step to having the custody changed by the court?

My son is 14-1/2 years old.


Asked on 9/18/02, 4:54 pm

1 Answer from Attorneys

Michael Burt Diamond, Burt, & Akhkashian

Re: change of custody/child suport

If your ex is agreeable to the recent change, then it will be fairly simple. Yes, having your son now live with you should change your child support obligations, it should be lowered.--What you need to do is file an Order to Show Cause (OSC) to modify both custody and support. If your ex is not in agreement to the change, then you may have a fight on your hands and it could require alot of court time. If you want to discuss your matter in greater detail please give me a call, I would be happy to talk with you about your case and what your options are.

Michael D. Burt

(213)384-2220

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Answered on 9/18/02, 5:15 pm


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