Legal Question in Family Law in California
child support
My daughter has been living with me for over 2 years. I still pay child support. She refuses to spend any of the money on her. She is also suppose to pay half of all the medical/dental as well, but has not. Can I just deducted it from the support without having to go to court or being in contempt of court?
3 Answers from Attorneys
Reply: child support
You need to return to court and have the underlying Order modified.
Good luck to you.
Brian Levy, Esq.
www.calattorney.net
Re: child support
Why are you paying child support if you have custody? Has the order been changed since the custody modification. If not, you need to go to court to modify support. If support is already modified, then no you can not withhold support
If you have any further questions, please let me know.
Patti Mann
Re: child support
I recollect some case law that says that if the non-custodial parent becomes de facto custodial, his payments of c/s are inferred, even if no money is paid to the other parent.
However, to be safe, you should file a motion to modify custody and support. She should be paying you.
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