Legal Question in Family Law in California
Is child support contingent upon visitation access?
Father had restraining orders against him, did not take advantage of visitation, and essentially abandoned child for 13 years. ''Child,'' now teenager, wants pursuit of support and payment of arrearages to finance college. Father claims that because he ''didn't have access to child,'' he doesn't have to pay. 1) Is CHILD entitled to support arrearages + interest despite little or no visitation having occured, and 2) can child request income-appropriate increase in support even though child seeks to discontinue or avoid visitation rights?
3 Answers from Attorneys
Re: Is child support contingent upon visitation access?
Dear Inquirer:
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If you haven't already done so, please visit my
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http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry. A child support order is enforceable (including interest on unpaid sums) until modified. Child support is based upon mother's income, father's income, and the amount of time the non-custodial parent is supposed to spend with the child. An action to modify the amount of child support may be met by a counter-action to increase the amount of visitation. Also, depending on your incomes then and now, an action to modify child support could result in a reduction in the amount of future support. Contact an experienced Family Law attorney in the county where the orders originated for specific advice and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: Is child support contingent upon visitation access?
The child cannot enforce the child support obligation. If there is an existing child support order the payee of that order (normally the other parent) can collect the past due child support, plus interest. If the child is still under the age of 18 or under 19 and still in high school, the payee may obtain a current guideline order, which will most probably be an increase. Whether Father had "access" to the child is entirely irrelavant to the child support collection. Good Luck, Pat McCrary
Reply: Is child support contingent upon visitation access?
Custodial parent is entitled to the arrearage, and custodial parent can ask for an increase in child support.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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