Legal Question in Family Law in California

Child Support

My ex-husband has our daughter for the summer,approx 8 weeks.

He is refusing to pay his regular child support to me. Is this legal if it is without my permission?

Thankx.

Kim


Asked on 6/23/03, 9:50 am

3 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Child Support

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

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 --

You need to read the judgment or order regarding child support. Normally it will state that he is to pay monthly, bi-monthly, weekly, or whatever. If it does so state, and there is no exception stated for summer vacation, then he is not in compliance if he does not pay. You should consider getting a wage assignment order to with-hold payments directly from his earnings. Contact an experienced Family Law attorney in the county where the child support order 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.

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Answered on 6/23/03, 4:59 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Child Support

Unless the court order states that he does not pay child support while he has the child, which is very unusual, he is obligated to pay the support. If he is employed you should consider obtaining a wage assignment so that he cannot make the unilateral changes. Good Luck, Pat McCrary

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Answered on 6/23/03, 11:37 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Child Support

The vacation schedule is factored into the child support calculation. Therefore, child support is to be paid as set forth in the underlying Judgment.

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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Answered on 6/23/03, 2:25 pm


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