Legal Question in Family Law in California

Child Support Obligation based on Girlfriend's loan/contribution

My boyfriend & I moved in together 4/1/06. My boyfriend pesented his last Federal Income Tax and 2 paychecks (He works by commission) A judge in Santa Clara County ruled that based on our living expense declaration, because he didn't earn enough to pay for them, my loan/contribution towards our living expenses was considered ''his income'' & therefore his child support obligation was based on my (girlfriend) loan/contribution. I will end paying the child support. We take care of and provide for the elementary school aged child overnight 2 to 3 days/nights per week. How successful would a motion 4 reconsideration or are there any other legal process routes?


Asked on 4/18/06, 5:21 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Child Support Obligation based on Girlfriend's loan/contribution

I would try for it but you need to re-do his I and E and separate out his expenses. For example, if the rent is $1000/mo his share is $500. This is the "new facts" that is the basis for it being reconsidered. This judge sounds like he is trying to subvert the law and find a way to use "new spouse" income. The alternative to a rehearing is an appeal. In order to take it up on appeal you need to make a clear record. You may want to do the re-hearing in order to make that record. You want the judge to make findings of law which explains what he is doing. If you don't have an attorney you might want to get one. Before you hire an attorney you can inform ex that you will be requesting attorney's fees and suggest that she stipulate to guidelines support based upon his income alone and not yours.

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Answered on 4/19/06, 5:23 pm


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