Legal Question in Family Law in California
child support
I have 2 children ages 16 and 15. Court order states that the kids are with me 50% of the time. Children refuse to go with other parent so I have them 100% of the time. If I go back to court to have child support refigured, would the court figure the support by court order (50%) or by actual time the children are with me? (100%) Thank you.
Asked on 1/19/07, 1:41 am
1 Answer from Attorneys
Elizabeth L. MacDowell
Law Office of Elizabeth L. MacDowell
Re: child support
In order to change the calculation, you would need to file to modify custody and support both. You can expect the other parent to argue that they want to spend time with the kids and that you are in fact keeping/alientating the kids from him/her. The likely outcomes depend on the individual facts of your case. You should consult with an attorney.
Answered on 1/19/07, 1:36 pm