Legal Question in Family Law in California

child support adjustment if the custodial parent travels extensively for work?

My Ex has the kids for 80% of the child support calculations, but she now travels 70% of the time. When she leaves the kids with me she says there should be no change in the child support. I would agree if she did this infrequently but recently she has taken an assignment that has her traveling two weeks at a time for 3+ months. She is only back for the weekend. Is it reasonable to ask the court to adjust the child support while she travels? In addition, because of our disagreement, she plans to leave the kids with her friends for a fee and she expects me to pay half the cost. She won't pay her share of the fee to me if the kids are left with me but she has no problems with paying to her friend.


Asked on 3/27/07, 9:42 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: child support adjustment if the custodial parent travels extensively for work?

Child support is based upon the net income of the parties and the percentage of time that the child spends with each party. Based upon what you have said the child support should be modified. You should talk to an attorney in your county that handles child support cases. It is possible you could file a motion and the child support would go up because of other factors. I have seen many pro-pers make that mistake. Don't make that mistake. Good Luck, Pat McCrary

Read more
Answered on 3/28/07, 11:23 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California