Legal Question in Family Law in California

child support and custody agreement

Let me explain to you first before you assume wrong, i do not have a problem taking care of my daughter or paying chils support. Its just that its more to this story leading up to me having me to pay child support when i was doing this sense September 1992.

Question # 1: I have 10 months (court)joint custody of my daughter which is in California right now, but not for good. The mother is taking me to court for child support, in which i was paying sense September 1992 (the month/year my daughter was born). Can mother still collect child support even though I have legal joint custody of my daughter for 10 months?

Question # 2: If the mother decided not to compermise to the joint custody agreement that we have. Do i return back to court again to make her apply to the custody agreement that we had(i get 10 months and she gets 2 months custody)?


Asked on 3/29/01, 8:12 pm

2 Answers from Attorneys
Shaune Arnold Law Offices of Shaune B. Arnold, Esq.

Re: child support and custody agreement

You stated that the mother is suing you for back child support. Is she suing you going back only 10 months or going all the way back to 1992? Either way the outcome will depend on whether you paid all of the agreed upon or ordered support.

Did the court order you to pay support even though you now have physical custody of your child for 10 months out of the year? If so, how much were you ordered to pay? Did you pay it? You may be eligible for a reduction in child support payments if you have your child with you most of the time.

You should definitely seek to enforce any custody rights that you have. This will protect your rights and establishes you in the eyes of the court as a parent that enthusiastically wants to be in his child's life.

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Answered on 6/06/01, 2:50 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: child support and custody agreement

Child support is determined based upon the percent a timeshare with each party and the earnings of each party. Is is conceivable that you have the child 10 months out of twelve, but still pay child support. Get a consultation with an attorney to spell out the entire situation. Your situation is too complex to be understood without some questions and answers time. Good Luck

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Answered on 6/02/01, 12:16 pm


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