Legal Question in Family Law in California
child support
My sons mother got angry at me and won't let me see him. there is no support or custody order on file although I have been suppporting him. I have remarried and I have another child. I would like to see my child but do not know what to do. My new wife makes more than i do so if there is a support order made will the court base an order on my income or my new wife's. I do not wnat my new wife involved in this. Please help
2 Answers from Attorneys
Re: child support
Support is based on your income. New spouse income is considered only to the extent that it affects amount of taxes paid. You should contact mom about a visit and if she does not cooperate then file a motion to set a visitation schedule. Expect to have to go through some sort of stepped up visits to allow you and the child to become reacquainted.
Re: child support
You would need to go into court to get a custody and support order, most likely your new wifes income will not have any effect on the outcome. Call my office if you would like to discuss this in detail.