Legal Question in Family Law in California
child support
recently i got physical custody of my 2 children due to issues my my x-wife's current boyfriend. i was giving her 1500 a month for about 3 years, now everything is filed as follow; 700 spousal for a year w/no future claims on this matter and children w/her tue & thur after 6:30pm & every other weekend. every 1st of the mth she asks for more money because she can't afford food for my children. she also has her boyfriend, 1 child with him and a 15 yr old living with her. she's threatening to take me back to court for more money. her boyfriend doesn't work, she does. I live with my wife her son & my 2 children. Why do i have to support her & her other family. Will she be able to get more money from me? It just doesn't seem fair. All my children's things i buy for them, including health care and school costs.
1 Answer from Attorneys
Re: child support
Living with her boyfriend creates a presumption that she has a reduced need for spousal support. Possibly she should be paying you child support, which would offset the spousal support, to some degree. It could be that she should be paying you support. Obtain a guideline child support calculation as well as the opinion of an experienced attorney concerning spousal support. He will need more facts than you have given us in order to give you a good opinion. Good Luck, Pat McCrary
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