Legal Question in Family Law in California
Child Support
I already give my ex $300.00 a month for my son, on top of that I buy him clothes, pay for doctor's visits, and prescriptions. I only get to see him every other weekend, and sometimes during the week. She makes more money than I do and we were never married. I am married now. We supposedly agreed on paying half the cost of his prescriptions and other miscellaneous items, and now she wants to break the agreement, and wants me to pay for everything on top of what I give her a month. Should I get an attorney and take her to court and let the court decide on what financial portion I need to pay or should I keep it the way we have it as a mutual agreement? If keep it, then is there a way we can have a mediator or some legal advice where we can come to an agreement and have it as a legally binded contract of some sort? Please help!
4 Answers from Attorneys
Re: Child Support
Based on info provided, unless you get this all down on paper, in an agreement and in an order approved by a judge, you will continue to deal with this kind of stuff. Child support will always remain within the jurisdiction of the court until he is of age and through college, however, at least you may have a "reasonable" mind to look at it all and to make her act in a reasonable manner. Call an attorney to represent you.
Re: Child Support
from the facts given so far, it definitely appears to be in your BEST interest to reduce the child support agreement and/or modification down to writing and get it court ordered so your "ex" cannot unilaterally make later demands or try to change the circumstances of the agreement in a matter that only best suits her, rather than you or the child. the sooner you get this taken care of the better for you, not to mention your peace of mind. if you would like a free phone consultation regarding your rights and options here, email us today with your contact information as we would be happy to help.
Re: Child Support
The best thing to do is to have your child support calculated so that you know what to expect before you ask the court to intervene.
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 including child support calculations at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Child Support
You should find out what guideline child support is based upon your income. You could be paying a fraction of guideline support. Of you could be paying too much. Get a calculation of guideline support before you file a motion and end up paying more for support. Medical bills are generally split 50/50 but if you file a motion and she requests quideline support and it ends up costing you more money, you could be embarassed and you wife would be upset with you. As for child sharing, you have minimal visitation now and may be able to increase your time with your son (You didn't say how old he is). Talk to an attorney that does family law in your county and get advice concerning what is common in your county. Good Luck, Pat McCrary
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