Legal Question in Family Law in California
Chid support guidelines
If the non-custodial parent has zero visitation is the custodial
parents income used in the support calculation?
If the custodial parent keeps the teenage child from visitation, to
decrease visitation percentage, can the non-custodial parent ask
for a change in support calculations?
Can the judge go against the FCS visitation percentage findings?
Is that a violation of judicial conduct?
Thank You
2 Answers from Attorneys
Re: Chid support guidelines
The income of a custodial parent will be used in a calculation even if there is not timeshare by the non-custodial parent. It does not change the calculation much, and maybe not at all, but it can have an effect.
Guideline child support calculations are made based upon actual timeshare, without consideration of the reason for the timeshare. If the custodial parent is interfering with visitation, then the matter should go back to court to work out the problem.
The judge is the one who makes findings of fact and timeshare, not FCS. FCS only makes a suggestion. Good Luck, Pat McCrary
Re: Chid support guidelines
Percentage of visitation will be based upon actual time. If you wish to enforce or increase your visitation time, then you must initiate action in Family Court. Call me directly at (619) 222-3504.
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