Legal Question in Family Law in California
Child support for missed visitation days
We have 2 children, Our Child Support Order states that we have 50/50 custody, with me having physical custoday. His visitation being 1 weekend/month + 1 week/year. Based on this data, he is to pay 80% child support. He has been paying this amount however, he has not visited or contacted his children in 23 months. Based on my calculations he owes his children @$7,000 in support for all the time he has missed.
Am I correct in assuming I have a right to collect this from him and how do I go about it? Can I just take this matter to small claims court and ask for the maximum?
2 Answers from Attorneys
Re: Child support for missed visitation days
NO he is liable only for the amount of child support that is ordered by the court. You should file a motion with the court to increase child support based on his actual visitation. This may revive his interest in visiting the children.
Reply: Child support for missed visitation days
In a general sense, you would have to file an OSC request to modify child support before the specific amount of monthly child support would change. Child support is essentially based upon income and time share.
For a specific opinion regarding your individual circumstances, 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 California family law issues including child support calculations by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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