Legal Question in Family Law in California
custody/support
Both my husband and I want to be part of his daughters life that he had with someone else before 'us.' I want to know if there's anything that can be done or should I assept it for what it is and know that it won't ever change or is there something we can do? When we found out about her (9yrs ago) we tried to run from it, there for he now owes back child support and when we file our taxes all the refund that we both should get goes towards that. He also pays, I think too much child support and doesn't have any rights over her. We have now moved to be closer to her and spend more time with her and of course he's been responcible for paying child support all these years. What is the amount that he pays based on and is it also taken in concideration that the mom works and has ins. benefits (I know that in the past she didn't work) for her daughter or is it all put on my husbands back? I want to be sure that there's no way around how much he pays and that if he modifys, is what the mom make$ going to be looked at as well as who the child spends most of her time with, which by the way is not with the mom yet she's given all the credit for it, while it seems like me and my husband are getting screwed. Please, some one help/advice us!!
1 Answer from Attorneys
Re: custody/support
I would first go to court to request additional time, and then I would ask for a decrease in child support. Don't do both at once.
This is one of those times when you should use an attorney to help you. This is something that should be handled with finesse because you don't want to be accused of only trying to get more visitation because of child support.