Legal Question in Family Law in California

Re: Divorce question

Be very careful here.

First, even if you are sharing custody, you may still be required to pay child support. The calculation is based on a formula set by statute, and the result depends on your respective incomes.

Second, if a child support amount is entered in a judgment, you will almost certainly be held to that amount. Even if your wife does not want to enforce the judgment now, it could come back and bite you in the future. Imagine discovering years from now that you are obligated to pay a decade's worth of back support.

I can't give you any specific advice because I do not know the paperwork you are referring to and I am not your attorney at this time. I would advise you to either consult with an attorney about this, or use the self-help center at your court to find a solution. You don't want to get stuck with a legal obligation you aren't ready to meet.

Feel free to call me if you have questions.

Best,

Re: Divorce question

file a response to the petition. yes, the judge will make you pay child support in a 50/50 plan if you earn more money than the mother.

Re: Divorce question

You do not have to file a response if you and your wife agreed that you would proceed "by default."

When she files the judgment, she should attach a marital settlement agreement that takes into consideration the child support amount that you and she have agreed to.

If I was you, I would consult with an attorney. If your wife is refusing to enter into a marital settlement agreement, then you will want to file a motion to set aside the default and file a response.