Legal Question in Family Law in California
child support
Was awarded sole legal and physical custody of children ages 16, 14, and 10. Judge refused child support because alcoholic father has a history of being fired and/or not being able to hold a job due to alcohol. Father was ordered to submit the names of 5 places of employment where he attempted to get work each month for three months and notify attorney, which he never did. Due to financial concerns had to let the attorney go. Going back before the judge, by myself, again 10/10/02 to discuss a possible child support order. How can I convince the judge to order support, even at a minimum wage rate? Father has made no attempt to be supportive either financially, emotionally, or physically to the kids. The judge is aware of all of the above, but said previously he couldn't order support from someone who clearly refuses to work. The fact that the father didn't comply with the order set down by the court, I feel, will be seen by the judge as not contempt for the court order, but proof that it will do no good to order child support. What can I say to the judge to convince him otherwise?
1 Answer from Attorneys
Re: child support
I'm not sure in what context the judge said he could not order support from someone who refuses to work. That is error. Not error if he said he could not order from support from someone he is convinced is incapable of working.
As to ordering support from someone refusing to work, who could work, see In re Marriage of Regnery; also the cases Labass, Padilla, Islas and Moss. In the last one, the CA Supreme Court found you could put someone in jail for not paying support even tho they did not have a job. That was new law.
Your prior atty should have briefed all of this.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
