Legal Question in Family Law in California
child custody
My divorce is not final yet. Length of marriage is 12 years, 3 months. Our child is 4-years-old. After the birth of our child, he told me just to stay home with the baby. So I became a stay-at-home mom. Now, 4 years later, I am back working part time, at a pay rate of $11/hour. I have been diligently seeking full time employment weekly, as part of my court order, with a minimum of 10 in-person job contacts each week. However, with the economy, I am lucky that I was hired for this part time job. I currently have 75% custody. He threatens me that if I cannot find full time employment, I will lose my 75% custody of our daughter because I am only working 20 hours per week at $11 per hour. His yearly gross income is $85,000. Is this true? Would I lose my 75% custody because I do not make as much money as he does? I am not involved in anything that would classify me as an unfit parent. I do not use or sell illegal drugs. I am not a prostitute. I do not have a live-in boyfriend. I don't even have a boyfriend. I am not a terrorist. I am a non-smoker, and am in excellent health. Thank you for your law-based answer.
3 Answers from Attorneys
Re: child custody
His threat is baseless. The income issue has nothing to do with custody. The income issue is that you have a duty to support your child and you have a duty to make your best efforts to be self-supportive. If you don't, the court may impute income to you (based upon the evidence of what you should be making), using the imputed number in the support calculation, thereby leaving you with a decreased support number.
Re: child custody
Whether or not you have full-time employment is relavant to the issue of child and spousal support. It is not relavant to the issue of child custody, so it appears that he is just blowing smoke or just doesn't know what he is talking about. If you do not have an attorney you should retain an attorney. The court can order him to pay a portion, if not all, of your attorneys fees. If you would like me to review your file to give you advice on preparing for the finalization or changing the order for job contacts you may call my office. Tell my staff I have agreed to waive the consultation fee. I would suggest that you fax me a copy of your dissolution paperwork so that I can review that prior to your appointment. Good Luck, Pat McCrary
Re: child custody
No. He will have to higher pay child support to make up for your lower income. Get represented not intimidated. Contact me directly.
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