Legal Question in Family Law in California
Re: Child Support
To whom it may concern,
I have been seperated from my husband for 6 months now. I live in our home he lives with his mother. We have two children and share custody. I have a job which brings home around $600.00 gross monthly income, my husband is a full time student paid by V.A. monthly to support himself, our children and me. My husband also gets pale grants. He brings home anywhere from $800.00 to $1,500.00 a month. Is it true that he does not have to pay me child support because we share custody?
2 Answers from Attorneys
Re: Re: Child Support
California courts, by law, must use an approved computer program to determine child support.
The amount of support is determined by many factors. Your statement does not contain all of the facts that court would use to determine the amount of child support.
Hoewver, using the facts you gave: 2 children, your gross income 600 per month and an average between the high and the low for your husband, 1150 per month support woul range between 69 per month if you each have the children 50% of the the time to 296 per month with 20% visitation. Visitation is determined by the amount of time the child is with a particular parent. Even if the child is in day care.
This calculation is at best a rough estimate of what might be the result in court. If you are paying interest and property taxes on the home that you live in the amount of support could be considerably different.
You should contact either an attorney and discuss the facts with the attorney or the family court in your area to determine if they have a computer with the support program on it that you can use. The local district attorney's office may also help you. My experience is that the district attorney is over loaded and slow to respond because of the work load.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
Re: Re: Child Support
No, it is not true but you will have to go to court to get it.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201