Legal Question in Family Law in California
I've been divorced since 2007. It was amicable and uncontested. I have full physical custody and 50/50 legal custody. We have no visitation orders and a verbal child support agreement. We have 11 yr old twins and for the last year and a half the boys and I have lived 2 hours away from the ex. He has them every other weekend and 1/2 holidays. The last 2 years the ex has had a girlfriend that has damaged all civility between us and frankly I'm tired of being the considerate one and being taken advantage of because of it.
My question: having full physical custody, can I stop driving half way and force him to make the drive to pick them up? Also, even though i encourage their relationship with their father, they no longer want to go spend the weekend with him and the gf. Can I just stop sending them? Btw, even though he works for the state of California and makes $90+ thousand a year, he gives me $325 for each boy a month. I am self employed and earn ~$20 thousand a year. I recently got remarried and my new husband doesnt complain about supporting my boys. I have never threatened to take the ex to court to increase child support.
2 Answer from Attorneys
Sounds like it is time to go to Court and obtain a Court Order for custody and visitation and support. I am a little confused how there is no support order. Some people think filing a motion is confrontational, but really it is meant to avoid situations from escalating.
If he really wanted to be fair, he would be paying guideline child support, which it was what the State of California has determined is what would be fair for him to pay. I don't know how you are making it, other than your new husband is taking on an unfair burden. Your boys deserve to be supported by their father. For further information, visit http://www.ellifritzlaw.com
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