Legal Question in Family Law in California
Custody suppport, what are we entitled to?
Recently my boyfiend of the past 7 years moved out on our 6 year old daughter. For those years I was a stay at home mother raising our daughter. Am I entitled to any type of support or help so we can live? He claims he wants equal time with our daughter so he doesn't have to pay any support, including medical and education. Should I file with the court some type of joint custody or file otherwise? I can't really say I trust him considering he got us evicted on his name out of our place. I'd like to be one step ahead even though we are really so behind. Can I get low cost legal help? I am now working part-time and we are living somewhat at my parents an hour and a half from our daughters school. Thank you.
2 Answers from Attorneys
Re: Custody suppport, what are we entitled to?
You are entitled to child support. The district attorney's office in the county you reside in will take the legal actio necessary to get an order for child support.
California law requires him to maintain a child on any medical insurance that is available through the employer at a reasonable cost. If he does not maintain the child on the medical insurance he is risking having the court order him to pay the the entire medical bill for the child.
Support is based on the gross income of the each parent, certain deductions from that gross income and the amount of time the child actually is with each parent.
Based on the information you provided it appears that he either does not know what he is talking about or he is attempting to scare you into submission.
Your best course of conduct is to ignore him and let him think he knows it all. There is no reason for you to educate him regarding the law. Arguing with him and telling him he is wrong will benefit him not you.
Re: Custody suppport, what are we entitled to?
You need an attorney who will represent you. Since his income is much greater than yours the court will almost certainly order him to pay most of your attorney's fees and you should be able to retain an attorney at a relatively nominal amount with the attorney asking the court to order the father to pay the balance. My advice, do not, do not, do not (not a typo) go to the district attorney. The district attorney does not represent you, they will only bring an action to establish child support, they do very little to amke sure they have established the correct amount for spousal support. Also, although I don't like Marvin actions, it sounds like the two of you had an agreement that you would stay home and be a stay at home mom, which might be the basis for a Marvin action. You need to set down with an attorney and discuss your options. Don't be afraid to shop around, not just for price or for the attorney that gives you advice that you want to hear, but for an attorney who will take a reasoned practical approach to your case. Good Luck, Pat McCrary
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