Legal Question in Family Law in California
There is a child support court order in place, but in the jan 2009 the father of my daughter lost his job and he quite is second job because he stated that all it did was go to child support. Since then he has not looked for a job because he has stated to me that he dont have a baby sitter for his other kids that he has from his new relationship and it would be cheaper if he stayed home and let his girlfriend go to work. I have been taking care of our daughter for the past months by myself had to pull her out of daycare because i could not afford it, now i go into work late everyday so i can take my daughter to school. Now he just filed to get child support reduce, since i work and have an income and he dont have one, what possible can happen? Also I have custody and he only has visitations. Will it be bad on my part, if i hold visitation from him? What about if my daugher crys she dont want to go?
1 Answer from Attorneys
You can't make visitation conditional on support. You will get in trouble with the court if you do. Your ex may get a reduced support order from losing his job, but if you can prove all this it won't last long. You have a right to an order that he look for work, and if he doesn't he will be made to pay support based on what he would have earned. You can also get a vocational evaluation of him if you want to pay for it, and ask that his income for support purposes be based on that rather than what he choses not to make.
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