Legal Question in Family Law in California
Child Support and Visitation
My husband's ex and two kids are from CA but live in Italy. The ex keeps emailing us demanding we pay more CS or she is going to start causing us problems. We send extra $$ to her on top of what we give the DA. She says she can sue us in CA for more CS and stop visitation even though she is in Italy. We have visitation rights but she only lets us see the kids once or twice a year. We can talk on the phone only if we send the ''extra money'' on time. My husband thinks he has to keep sending more money because he has no rights. Can she do this? If we move to Italy to be closer to the children do we have to pay the support in the U.S.?
1 Answer from Attorneys
Re: Child Support and Visitation
You do not have to send more money than was ordered by the court. She cannot violate the court-ordered visitation, even if you were sending her/DA no money at all.
You simply need to enforce the visitation order. For example, document the interference and cite her for contempt of court. You'd have to do that in the court that made the order in the first place.
If neither of you live in CA, you could seek to modify c/s downwards based upon Italian law.
As far as whether or not you are paying the correct amount, I cannot comment since I have no information in that regard.
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