Legal Question in Family Law in California

child custody/support

Both my husband and I want to be part of his daughters life that he had with someone else before 'us.' I want to know if there's anything that can be done or should I assept it for what it is and know that it won't ever change or is there something we can do? When we found out about her (9yrs ago) we tried to run from it, there for he now owes back child support and when we file our taxes all the refund that we both should get goes towards that. He also pays, I think too much child support and doesn't have any rights over her. We have now moved to be closer to her and spend more time with her and of course he's been responcible for paying child support all these years. What is the amount that he pays based on and is it also taken in concideration that the mom works and has ins. benefits (I know that in the past she didn't work) for her daughter or is it all put on my husbands back? I want to be sure that there's no way around how much he pays and that if he modifys, is what the mom make$ going to be looked at as well as who the child spends most of her time with, which by the way is not with the mom yet she's given all the credit for it, while it seems like me and my husband are getting screwed. Please, some one help/advice us!!


Asked on 5/28/08, 12:00 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

Re: child custody/support

You should take a motion to court to get custody of the child and to assess the amount of child support owed. During the hearing it is possible that the amount may be negotiated just like any other debt.

If you have futher questions, please contact an attorney to help you with your case.

Good luck.

Law Offices of James Chau

181 Devine St.

San Jose, CA. 95110

http://www.JamesChauLaw.com

http://sanjosefamilylawyer.blogspot.com/

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Answered on 5/28/08, 6:14 pm


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