Legal Question in Family Law in California

Child Support

my husband and I have custody of his 15 year old son. his wife has custody of their 13 daughter. they have no legal child support documents. he pays his former spouse child support of $350.00 a month. is the spouse required to pay child support when each parent has custody of a separate child of theirs?


Asked on 8/08/01, 7:36 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Child Support

nothing is required unless someone goes to court and gets a support order.

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Answered on 8/08/01, 11:46 pm
John Hayes The John Hayes Law Offices

Re: Child Support

In addition to Mr. Koury's reply, child support is based on the income of both parents not on how many children each one has physical custody of. If you think the support arrangement is unfair, your husband could file for an Order to Show Cause RE: Child Support. Both parents income and various expenses would be fed into a computer program called Dissomaster. It would then calculate the child support obligations for both parents. In addition, the mother could file a claim for spousal support if she is still unmarried even though she did not make a claim for spousal support at the time of the divorce. She may even be awarded spousal support payments retroactive to the date the divorce was granted. I just want you to know what may happen.

John Hayes, Esq.

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Answered on 8/09/01, 3:56 am


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